Opponent's Argument Why Possession Was Illegal (Criminal Violation)
Argument 1: The “Location-Restricted Knife” Applies to All Knives at School (REVISITED)
Code of Law
“Texas Penal Code §46.03(a)(1) prohibits location-restricted knives on school grounds, and schools are restricted zones for any weapon.”
Rebuttal
The State Law Limits Criminality by Size.
Simplified Explanation
The criminal law only considers a knife to be “location-restricted” if its blade is longer than 5.5 inches. Since Anthony’s knife was shorter, the most serious part of this criminal law doesn’t apply to him.
Legal Citation
Texas Penal Code §46.01(6) defines ‘Location-restricted knife’ as a blade over 5.5 inches.
Argument 2: The Knife is a ‘Prohibited Weapon’ Under Penal Code §46.03(a)(1).
Code of Law
“Even if it’s not location-restricted, §46.03 prohibits a ‘prohibited weapon listed in Section §46.05(a),’ and all dangerous objects are prohibited weapons on school grounds.”
Rebuttal
Knives This Small Are Not Listed as Felony Weapons.
Simplified Explanation
The Penal Code has a separate list of truly dangerous “prohibited weapons” (like machine guns or bombs) that are not knives under 5.5 inches. If it’s not on that list and it’s not over 5.5 inches, it’s not a felony under this specific criminal statute.
Legal Citation
Texas Penal Code §46.05(a) (Prohibited Weapons list) does not include knives ≤5.5 inches.
Argument 3: School Policy Makes it a Criminal Offense.
Code of Law
“Frisco ISD has a strict ‘no weapons’ policy, and violating that policy automatically makes the possession illegal and criminally chargeable.”
Rebuttal
School Rules Are Disciplinary, Not Criminal Laws.
Simplified Explanation
The school board’s “no knives” rule is for student discipline (like suspension or expulsion). Breaking a school rule is not the same as breaking a state criminal law. The school can punish him, but the police cannot charge him with a serious crime unless the knife meets the specific criteria in the Penal Code.
Legal Citation
Texas Education Code §37.125 empowers school districts to enforce local, disciplinary policies. This is separate from the Penal Code.
Argument 4: Anthony is a Minor, and Minors Cannot Carry Any Knife on School Grounds.
Code of Law
“Texas Penal Code §46.06 restricts minors from carrying weapons.”
Rebuttal
Minor Restrictions Only Apply to the Big Knives.
Simplified Explanation
The law restricting minors from carrying knives only applies if the knife blade is over 5.5 inches. Since his knife was shorter, he did not violate the criminal law restriction related to his age.
Legal Citation
Texas Penal Code §46.06(a) criminalizes the transfer of a location-restricted knife (i.e., $>5.5$ inches) to a minor.
Argument 5: The Knife Qualifies as a ‘Club’ Under Penal Code §46.03.
Code of Law
“The Penal Code also prohibits a ‘club’ under §46.03, and the knife’s handle or the whole object could be interpreted as a club.”
Rebuttal
A Folding Knife Does Not Meet the Legal Definition of a ‘Club.’
Simplified Explanation
The law defines a “club” as a blunt instrument like a nightstick or blackjack, designed to inflict injury by striking. A folding knife is clearly designed for cutting and stabbing. It is not legally defined as a club for the purpose of this criminal statute.
Legal Citation
Texas Penal Code §46.01(1) defines a ‘Club’ as an instrument “specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person.”