What Are Sword Canes?
A sword cane is a hidden blade weapon with a dual purpose; it can be used as a sword as well as a walking aid. These canes feature a hollow shaft with a removable blade inside, which can be removed and used as needed. Historically, sword canes were much more common and could be used by individuals who may not have had combat training to defend themselves. They were designed for stealth and self-defense and were widely used by the wealthy in Europe. As such, these were also known as "the gentleman’s cane" or the "man of war’s sword cane." In the 19th century, sword canes were illegal in most U.S. states but were somewhat more common in the southern states as walking sticks and down south, those who carried them had plausible deniability that the weapon was intended for defense.
Modern sword canes generally feature a spring-loaded blade that is automatically ejected by pressing a concealed button found on the handle . While these weapons cannot be concealed by typical laws regarding the concealment of knives, sword canes can technically be secreted in plain view in case law and therefore are not limited like other knives.
In Texas, sword canes (and the weapons themselves) fall under the general laws regarding knives. A sword cane may be defined as a sword-cane (or cane-sword), "a cane with a sword blade concealed within."
Those who wish to own a sword cane should be aware that the original design of sword canes (and canes in general) meant that they were often fairly weak and could not be relied on for support. Today, a person interested in using a sword cane for support would want to find a stronger product, and some sword cane manufacturers keep that in mind. It is important to note that while a sword cane can serve as a weapon, it can also be easily concealed and therefore is not illegal.
Texas Weapons Laws in Brief
As a general rule, all weapons which are made, adapted, or intended to be used for the purpose of inflicting serious bodily injury (as defined under Texas Penal Code Section §1.07(a)(46)) are regulated in accordance with the Texas Penal Code Chapter 46 Weapons statutes. There are five categories of weapons addressed by this chapter: (i) knives, swords, swords canes, and canes with or containing weapons; (ii) handguns; (iii) shotguns; rifles; and (iv) machine guns (These last three fall under the definition of firearms). Out of these four categories of weapons affected, swords canes and canes with or containing weapons are addressed in Section 46.02(a)(1), while handguns, shotguns, rifles, and machine guns are addressed in Section 46.02(a)(2)-(4). Consequently, unlike handguns and machine guns, swords canes and canes with or containing weapons are categorized as a first degree felony when intended to cause death or serious bodily injury, or a Class A misdemeanor when employed in a deadly manner. Because swords canes and canes with or containing weapons are considered deadly weapons, the typical sporting types of canes are not considered "swords canes" or "canes with or containing weapons" when the blade is not exposed and the tip is not sharpened.
Are Sword Canes Legal in Texas?
Sword Canes are not specifically mentioned in Texas Penal Code section 46.01-46.15 (the weapons statutes). Indeed, the Legislature never specifically addressed whether or not a sword cane is a prohibited weapon. While sword canes with concealed blades 5.5 inches or more are lengthwise prohibited weapons on their face, the other side of the prohibited weapons analysis is whether or not a concealed blade of less than 5.5 inches can constitute a "club" under section 46.01(1), defined as "an instrument that is designed, made, or adapted for the purpose of inflicting death or serious bodily injury by being thrown or propelled." If a sword cane constitutes a "club" because it "is designed, made, or adapted for the purpose of inflicting death or serious bodily injury by being thrown or propelled," then it would be illegal under section 46.02(a) because one cannot carry a club prohibited weapon "on or about his person." But can it be said to be designed, made or adapted "for the purpose of inflicting death or serious bodily injury" upon someone? The answer lies in whether or not it could injure someone.
In this case, the sword or knife concealed in the cane can be used as a stabbing or cutting weapon if wielded by a person with knowledge. Likely purpose, together with practical fact or possibility, carries the day on this issue. It makes no difference that a "sword cane" may have a retractable blade that deploys when used, or "revealed," as opposed to being a designed and anticipated feature of initial use. The accumulative effect of the items falling from the cane thus speaks sufficiently to the issue of intent that renders the item a club on its face anyhow.
Certainly, a juror, judge or layperson may have difficulty deciding whether the instrument in question was intended for any purpose other than short range self-defense. The point is, however, that when the thing itself shows that it was made for throwing, or propelling, use as a club, it operates as a club.
The most similar statute to the outlined analysis of the "club" offense is the "illegal knife" gun offense, section 46.01(7) – "knife" means "any bladed hand instrument that is 5.5 inches or more in length from tip to handle, or is a ballistic knife, or is a dagger, including but not limited to a dirk, a stiletto, or a poniard." In other words, the "blade" of a sword cane can fit section 46.01(7) sufficiently to trigger the offense by making this type of illegal knife a term of art.
Thus, a sword cane may be a dangerous instrument per se subject to a criminally negligent or recklessly causing needlessly killing charge under section 19.05. The "deadly" classification seeming to be reserved (pun intended) for the knife at the end of the cane.
The Second Circuit has reasonably opined that the sword cane is a dangerous instrument since its size and material can severely injure a person assuming factual matters substantially similar to those reported in the media accounts. A sword cane can cause potentially lethal injuries, such as lacerations or puncture wounds, if it makes contact with another person.
A jury could conclude beyond reasonable doubt that the sword cane was likely to produce serious bodily injury or death, i.e. a "culpable mental state" of recklessness equivalent to that necessary to support a conviction under § 19.05 (that is, was likely to "cause death or serious bodily injury to another").
A sword cane is in fact wieldy, particularly when grasped by the smaller end, whereas a baton or knife is not. Even more so, a fully extended sword cane, with its blade extended entirely, is amply wieldy. A sword cane is capable of being easily wielded and effectively utilized as an offensive weapon.
It follows that a sword cane is a deadly or dangerous weapon per se, and thus a club, under Texas law.
Exceptions and Special Considerations
Currently , there are no known exceptions that allow Individuals to carry sword canes in Texas.
Penalties for Illegal Weapons
As previously stated, although sword canes may be illegal in Texas, they are legal to own. This means that the consequences of carrying a sword cane that is found to be illegal is a Class A misdemeanor. Under Texas Penal Code § 43.02, a person commits an offense if he or she "intentionally or knowingly possesses a weapon in plain view of the public while going to or from or while engaging in an activity listed in Section (a)(1) [includes a) carrying a person’s trade or commerce, or b) transporting goods or household items by motor vehicle]." If this violations were to occur, he or she would face a Class A misdemeanor, which according to Texas Penal Code § 12.21, can be a fine of up to $4,000 and/or a year in jail. Section (a)(1) describes the permitted purposes for the use of a sword cane. If the sword is concealed when used for one of those reasons, then it is permitted. If it is not, then the user is in violation of the law and can be charged for it. Example: John stops out of his car to have a cup of coffee at Starbucks. He reaches down to his cane because his back is sore, and realizes he is in a crowd of people and figures it is best to keep the sword cane hidden while standing outside. A bystander calls 911 to report the suspicious behavior. Although John had a reasonable purpose to be carrying the cane, the law protects him only if it is concealed while doing so. As a result, the police arrive and arrest him for carrying an illegal weapon in public while not using it for a permitted reason. Example: Samantha is home alone and two men armed with swords out of their canes break down her door and begin to corner her, threatening to kill her if she moves. She is able to grab one of her own sword canes and stab one of the men in the neck and then call the police to report the intruders. Depending on upcoming evidence per the police investigation of the incident, Samantha will not be charged since she had a reasonable and justifiable purpose for carrying the sword cane, and kept it concealed from view at all times.
Remaining Compliant
To stay compliant with Texas law regarding sword canes, it is important to understand the nuances of the legal statutes and the relevant definitions. First, each sword cane must be constructed in such a manner that the storage compartment for the sword portion is closed at all times unless the sword is being drawn or reinserted.
Second, the sword blade must be designed to be manually drawn from the storage compartment with the application of a reasonable amount of force. If the force required to draw out the sword portion is so minimal as to be inconspicuous , then the storage compartment may in fact be legally defined as a concealed dirk under Texas Penal Code § 46.01(a)(6).
Third, of course, is to always carry the sword cane with you in an open fashion. Although there is not a clear definition of what it means to carry in an "open fashion," it should be clear that if you are the kind of person who sweeps through doorways with your cane in a sweeping motion, you probably do not have your sword cane in an open fashion.
Finally, although it may seem obvious, do not use your sword cane in a fashion that would explicitly contradict its intended purpose as a mere walking implement.