Nunchucks and Weapons Laws in Texas
Texas Weapons Laws:
Section 46.01 of the Texas Penal Code sets forth definitions for certain terms utilized in Chapter 46 (weapons), including most items actually listed as illegal weapons in Chapter 46. For example, a "club" is defined in § 46.01(3) as "an instrument that is designed, made, or adapted to inflict serious bodily injury or death by striking another person with it." This is a definition of a club rather than an exhaustive list of items legally considered to be a club under Texas law. Some of the other definitions are non-controversial as well, such as "handgun," "shotgun," and "machine gun . "
Weapons defined in this manner are typically spelled out in detail in another part of the statute. Exhibit A is the relevant portion of Chapter 46, which does list all weapons considered illegal to possess, use, or carry.
In brief, knuckles, swords, clubs, rocket launcher/guns, and switchblades are considered illegal items in Texas. However, knives, self-defense sprays, large knives, handguns, rifles, shotguns, crossbows, building clearing darts, and nunchucks (with various restrictions) are all legal to possess (as shown in Exhibit B). The most value in using these exhibits is in determining potential defenses to possession of a non-legal weapon (i.e., your nunchucks in Texas).
Nunchucks, Texas Law, and Other Types of Martial Arts Training
Nunchucks, an ancient martial arts tool consisting of two sticks connected by a rope or chain, have become increasingly popular as martial artists and everyday people use them for exercise and movement practices. However, there’s been a wrench thrown into the routines of nunchuck enthusiasts in Texas, as this practice has run afoul of the statute prohibiting the carrying of certain weapons, a statute which was recently broadened to include "any type of hand instrument designed to cut or stab another by being thrown" and "any kind of knife." This would appear to ban nunchucks, which stab and cut by being thrust.
To understand the legality of nunchucks one has to appreciate their dual nature. Like many martial arts tools, some view nunchucks purely as a weapon and look down upon their use as an extension of the body. However, others view nunchucks more as a tool for massaging the energy channels or meridians of the body. In fact, Master Hsi-hsing Lin, who has been teaching and performing nunchacku for decades, explains that the phrase "nunchaku" translates to "blades tied together."
On September 1, 2017, as part of a comprehensive House Bill (HB 1935), the title of the law that prohibited the possession, manufacture, transport, repair or sale of nunchaku was changed though its language was retained. Previously, it had read:
A person commits an offense if the person intentionally or knowingly manufactures, transports, repairs, or sells a hand instrument designed to cut or stab another by being thrown, such as a dagger, stiletto, or sword cane, or a [nunchaku] regardless of whether the [nunchaku] is restricted to the carrying of certain weapons in the Penal Code.
Now, the restriction is almost exactly the same except that the words "such as a dagger, stiletto, or sword cane, or a" were removed.
The logic of what could go wrong is somewhat circular. The reasoning behind banning the transport, repair or sales of nunchucks is that the proverbial "bad guy" might use them to stab another person. If they happen to stab another person, then possession that ends up in a stabbing would be illegal. The bad guys break the law. The good guys should be able to play with nunchucks. Why punish the good guys because the bad guys may hurt someone?
Technology ultimately comes to the rescue. As of September 1, 2013, Texas law removed nunchucks from the category of prohibited weapons and made them an exception to the general ban on carrying unusual weapons in Texas. The new law, Texas Penal Code 46.15(b)(4) states that the ban on carrying unusual weapons does not apply to:
the carrying of a hand instrument designed to cut or stab another person by being used as a weapon, including a dirk, daggar, bowie knife, or stiletto, or a [nunchaku] unless the person is not a professional or Olympic coach or official or a certified safety instructor of [nunchaku] fluently in connection with a local government recognized style of martial arts, or the person is not otherwise engaged in the use of the [nunchaku] or in teaching, demonstrating, or presenting martial arts unless the person is a professional or Olympic coach or official or a certified safety instructor of [nunchaku] fluently.
Basically, if you are a professional martial arts instructor or have a permit to teach nunchucks in the context of a school or similar institution, then you can keep "possession" of the nunchucks in your house, office, restaurant etc. where you are teaching. However, if you take the nunchucks outside your house or to some other location to use, like your local park, you then run the risk of arrest for carrying an unusual weapon, depending on whether or not you can show that you are properly licensed.
This is the textbook definition of arbitrary law making. There is no sound public safety reason why nunchucks should be banned. However, even laws that make no sense can have unfortunate "real world" effects. Up until now, nunchucks aficionados have reluctantly turned to broomsticks, shoelaces, or small tools instead of the real deal. Yet, until the law is restored to the previous framework, anyone wishing to continue using the old style of nunchucks must do so legally with lawyers or martial artists on notice and present to prevent arrest for unlawful possession of nunchucks.
The History of Nunchucks and Laws Regulating Them
The history of how nunchucks became illegal in Texas is rather quizzical, almost outlandish by today’s standards. After the popularity of martial arts rose due to martial arts films deprive of cinematic classics such as Enter the Dragon and the famous game where it all began, Street Fighter II, the nunchuck burst on to the scene as a formidable close quarter weapon. Kids throughout the 90s wanted their characters to look like Ryu from Street Fighter II (all of us admit it) and have a nunchuck. The weapon was used in kung fu, karate, and particularly, the Filipino battle arts. This tool offered a deadly yet easy to learn means of self-defense. The nunchuck’s use increased after those films and kids wanted them. However, people getting hit with their nunchuck at an early age lead people to believe the nunchuck was a dangerous weapon, and consequently, laws constricting its use were made, starting as an example by California in the 1970s and emulated by many other states, including, as seen in this article, Texas. The most famous incident of nunchuck restriction was the case of People v. James Andrews, 106 Cal. Rptr. 535 (1972). In 1969, when the now-illegal weapon was simultaneously fashionable and deadly, police officers apprehended several people possessing nunchucks. Additionally, these individuals were already in possession of cannabis and governed, in California, by the Uniform Controlled Substance Act. As a result of these arrests, the defendants were charged with the possession of controlled substances, as well as the weapons charge for nunchuck possession, and were tried en masse. The court looked into legitimate reasons for entering the nunchuck into evidence and then examining their legality. Because of these new reasons, the court decided a weapon analysis was in order. Although the nunchuck was obviously and unbelievably a dangerous weapon, the court had family members testify to the positive aspects of nunchuck training and possession and how nunchucks were seen as a symbol of respectability for their art. The defendants submitted written expert opinions of how nunchucks were used as self-improvement tools for discipline, coordination, and athleticism, rather than violence. In effect, while the court was not persuaded that nunchucks were not a dangerous weapon, the court acted out of concern for the exemplary people these defendants were and how this required legal weapon proved beneficial to them. The court concluded that nunchuck possession did not constitute a crime since they were not prohibited by law. The court dismissed the nunchucks-level offense, but not the cannabis. One of the most impactful arguments the court made towards finding fault with the nunchuck ban was because of "the absurdity of what the law required of certain people who might become law-abiding nunchuck users and those who ply the martial arts as an avocation." The court felt disquieted because "one who sought to be law-abiding would choose perhaps to forsake his chosen interest or … conceal … his vocation from the law for purposes of avoiding detection." The court felt the impact of the ban had a chilling effect on the practice, the sale, and the use of nunchucks. The disclosure of one being a nunchuck practitioner almost forced the disclosure of criminal activity associated with an Extended Item A (EIA), per the Texas drug trafficking laws, due to the nunchucks’ linkage to marijuana. Thus, People v. James Andrews, 106 Cal. Rptr. 535 (1972), impacted nunchuck legislation throughout the country and ultimately led to the fall of Texas’ prohibition.
Penalties and Related Issues
Law enforcement are seldom experts on martial arts weapons. Many police officers will not have dealt with a nunchaku any more than a firearm. Most martial arts programs do not cover the potential legal ramifications of martial weapon ownership and use.
While self-defense weapons are not illegal, Texas law (PC 46.02) prohibits carrying a prohibited weapon (nunchaku, throwing stars, etc.) in public "on or about the person" unless you have a LTC License. Once again, it’s important to note this prohibits public carry of the weapon including open carry.
If arrested for possessing nunchaku, many citizens presume that it cannot possibly be illegal. However, since the officer will write up a report of the arrest, the record of nunchaku possession is made. Even if the case is dropped, it still shows up in criminal history databases. Anytime a firearm purchase or other subsequent check is conducted, your criminal history record will display the arrest and nunchaku charge, possibly limiting your access to restricted civil rights as defined by the Federal Gun Control Act of 1968 and/or the Federal Lautenberg Amendment of 1996, which prohibits gun possession for certain felony misdemeanor and some misdemeanor family offenses.
The maximum punishment for a misdemeanor unlawful carrying a nunchaku is 180 days – 1 year in county jail and $4000 fine. The minimum is 90 days in jail and $100.
Concealed carry of nunchaku is not an illegal act. Open carry of nunchaku within the city limits of a Texas municipality is a misdemeanor public carry offense. The maximum penalty is 180 days in county jail and $4000 fine. The minimum is 90 days in jail and $100 fine.
Nunchucks in Martial Arts and Self Defense
The primary association that many have with nunchucks is martial arts, and for good reason. They are most widely known for their use in obscure martial arts movies, usually ones starring five-time world karate champion, Chuck Norris. However, they are used by martial artists all over the country to train students in the art of utilizing the nunchaku, primarily in those that would be considered a branch of Hapkido.
Though many Texas martial artists use the nunchaku, it is not as widely taught nor as largely popularized as those listed above. Most martial arts schools use other pieces of equipment like Bo staffs or Kama to teach martial arts, including Hapkido. On the belt levels where nunchaku are taught, they are almost universally taught to advance students in their development of dexterity and coordination , if nothing else.
Though conventionally a weapon of three parts, four patterns are used to train martial artists in their use. The first is a head strike on either side of the body. The second is a side strike on either side. The third and fourth are each a swing motino, either swinging toward or away from the body. Each motion is typically done one after the other to demonstrate the usefulness of the various forms. Texas martial artists will also demonstrate a complex form that begins with the outer patterns repeating, followed by that of the inner patterns. The repetition is done for two five count intervals then the inner patterns are shown for another two five count intervals.
Nunchaku are mostly a more specialized tool in Texas martial arts than what is seen in other states.
Future Revisions and Legal Controversies
The call to lift the ban on nunchucks has existence as far back as the 1990s. In 1994, the Texas Court of Criminal Appeals voted 6-to-2 to uphold the statute but the dissenting justices did not agree with that decision. Justice Robert Gammage was among the dissenters. He said, "There is no logical link between the martial arts weapon generally, and the depicted variant, the nunchaku. Not having any martial arts training, I am unaware of the role of this device."
As of now, there is no formal proposal introduced to make changes to the ban, however, since 2017, many law makers have jumped on board with trying the change the law. After the U.S. Supreme Court decision in Jan. 2018 that the ban on nunchucks was declared unconstitutional, Texas lawmakers are hopeful that the legislature will follow suit and lift the ban on the ancient martial arts weapon. Currently, more than a dozen states in the U.S. have already lifted their bans. Since 2017, state legislators have begun to introduce a bill every session to repeal or amend the ban on nunchucks. For example, in early 1997, Sen. Jon Lindsay (R-Houston) planned to sponsor a similar bill to lift the ban on nunchucks however, that bill never made it out of committee.
In 2011, the 82nd Texas Legislature did not pass a similar bill to lift the ban on nunchucks. In 2013, Sen. Tommy Williams (R-The Woodlands) filed a similar bill but that bill also never made it out of committee. In January of 2017, Rep. Cecil Bell Jr. (R-Magnolia) introduced a similar bill (H.B. 146) to the Texas Legislature. Rep. Bell said that he would sponsor a similar bill in the 2019 Legislative session in order to try to lift the ban on nunchucks. However, in April of 2017, the bill died in committee.
In 2017, Soccoro-based Rep. Joe Pickett, D-El Paso is now responsible for the most recent legislation addressing the ban on nunchucks. In February 2017, he filed a bill (H.B. 203) that proposed to repeal the ban on the martial arts weapon as that law does not hold up under constitutional scrutiny, according to experts. However, a House committee voted to send the bill to an indefinite postponement, despite the 2018 Supreme Court ruling.
Advice for Texans
Owning "nunchaku weapon, commonly known as nunchucks" is a valid legal concern for anyone living in the state of Texas. According to Texas Penal Code, other definitions and previous decisions have determined that a nunchuck is a "consist[s] of two lengths of wood connected at their ends by a chain or strap." To differ from a "nunchaku knife," a nunchaku can be sold, delivered, or given legally in Texas. Residents are free to purchase, carry, store, and use these products without penalty. The essential takeaway is that you may not use a nunchaku as a weapon against any person. The legality does not mean that you should buy a nunchaku to use as a hobby. In short, this piece of equipment is a last-resort weapon and should only be used for self-defense. The legal definition stands that a nunchaku is a blunt weapon, which means there is no blade. It is a non-lethal weapon that may only be used in the direst of circumstances. If you use a nunchaku on a person or property, it is up to local law enforcement to determine if charges will be filed against you. If your use of a nunchaku causes physical or mental harm to another person, then you are likely to face criminal charges and possible jail time. It is important to note that a nunchaku may not be a gun or knife, but, there are regulations on who may possess certain types of nunchaku in Texas. You must be 18 years of age to buy or carry nunchaku. If you are under the age of 18, then your nunchaku must be for martial arts training only. A person over the age of 18 may only use a nunchaku for self-defense. Retailers will frequently ask to see your ID before selling you any nunchaku. At this time, the retailer may ask what you will use the nunchaku for , and where you will be using them. This is particularly important in cities. Cities like Austin have mores stringent limits on how, when, and where you may possess a nunchaku. The City of Austin’s Municipal Code states that "It is unlawful for any person to display, manufacture, sell or offer for sale a nunchaku on any premises open to the public or in any place where a person or persons may lawfully be for any public or private purpose or transaction." An embedded hyperlink takes you to the Bill Number 201601128-075 originally passed on August 9, 1973. Since nunchaku was a prescribed Chinese martial art during early 1970s, the Bill would have sought to make it illegal until the courts took exception to the Bill. The Court of Appeals of Texas found that the Bill was unconstitutionally vague and discrimination against one particular martial art. In the end, the Bill was withdrawn. There are other helpful links and references in the Austin Municipal Code that bear repeating. Soon, nunchaku retailers in Texas may ask to see your proof of identification, valid license, and a demonstration of its intended use. They may also take a copy of your identification for evidence. Relying on the Texas Senate, Chapter 46, the manufacturer or distributor of a non-lethal nunchaku is responsible for keeping accurate records of all sales and shipments to retailers. For Texas residents, you are free to visit your local distribution centers for cost, inventory, and model information and all the other good things you should consider before making the purchase. If you have completed all training and are solely using a nunchaku for self-defense, it is legal to purchase and carry.
