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Discussion in 'Weapons' started by Glockenator, Jan 12, 2018.
You definitely could argue that to the jury.
You would definitely have to argue that to a jury.
I think the circumstances of how, and why, and where, you carried your machete would be very persuasive in helping cops prosecutors and maybe jurors deciding whether you carried it as a weapon or as a landscaping tool or camping tool.
Malum has previously posted a court of appeals of Georgia case where a letter opener was found to be a weapon like a knife, designed or intended for the purpose of offense or defense.
The reason was that the person carried this letter opener in a way, and at a time, that was inconsistent with using it to open mail, but fully consistent with having it as a handy weapon. out on the streets at night.
In the Photo above, I had been hiking in a very rural area along an abandoned railroad line and some dirt bike trails. I paused for this photo on one of the small country roads that I crossed. You see a black strap diagonally across my upper chest just underneath one of the red straps for my small backpack? That black strap holds a machete sheath and a 12 inch machete in what is essentially a vertical shoulder holster under my left arm.
Was that something I carried as a weapon or simply a vegetation shopping and path clearing tool, as well as an emergency survival tool?
Well, it certainly could be all of those things including an anti-personnel weapon! However since I was also packing a 9 mm pistol, I would say that the pistol was my weapon and the machete was primarily just a wood and brush chopping tool.
The fact that you were carrying a pistol (with a GWL) kind of makes the whole argument moot. The question was whether you could carry a machete in an "unauthorized location."
Well, I would. Under circumstances that make it clear that my possession of the machete is limited to imminently using it or actually using it as a vegetation or wood chopping tool.
Suppose I work for a landscaping service, and my company sends me to a school to chop down a privet bush that is growing through a playground fence. Sure, I'll bring a machete, and an axe, and both of those things will be tools and none of them will be weapons.
On the other hand, let's suppose I get a summons for jury duty. I know guns and "weapons" aren't allowed in the courthouse, so I decide to slip my 12 inch machete into a vertical shoulder holster and wear it under my suit coat as I report for jury duty. Now, I'm breaking the law!
"Yes, Officer, I brought my machete with me to vote because I thought there might be an opportunity to clear some vegetation or chop some wood. Hey! Don't taze me, Bro'."
Suppose you wear a raincoat into church
while carrying an axe
and keep repeating out loud a couple short quotes from Jesus in Matthew 7:19 and John the Baptist in Matthew 3:10?
I think I'd have to suppose you doing that, because that is not in my repertoire. But supposing you did it, an axe is not a weapon under 16-11-125.1.
I want to say I think it’s funny you put “limbs” in both your “weapon” and “not-weapon” definitions.
My first thought is that “design” (as it means intent) can also apply to the intentions of the carrier as well as to the maker.
“a cutting instrument designed for the purpose of offense and defense” can be equivalent to “...intended for the purpose of...”. Then, what you intended might be evidenced by when you carried and what you were doing where you carried it to and so on. Or at the very least, what you were not doing (cutting brush, limbs, vines, etc.) helps point to something else you might be intending with it.
Yep, my first "limbs" should have been appendages, or arms, legs, etc.
On the definition thing, I was really hoping that a lawyer would say that because of the way the law is worded, alone, we had a technical exception (loophole) to be able to carry a machete, or Kaiser blade, or things like that, just about anywhere, just because of the package labeling and common definitions.
What if you are The Highlander???
Then you just die and come back in a minute or 3. Your will scare him to death and be charged with murder.
That ain't no machete.
That looks amazing! I have a machete but its not as awesome like this. I always bring my machete whenever I go out camping. Its very handy especially when Im preparing the fishes that I catch. If anyone is looking to fish around Georgia before the year ends, you should navigate to this site.
I've opened a champagne bottle with a machete, so add "bottle opener" to the list of practical applications.
It's basically a long camp knife with a hammer poured into the blade. Thousand-and-one uses.
What site would that be? I don't see any link.