Texas Knife Laws

Personally, I like the State Trooper's take on the subject, but I've experienced the same thing. Once or twice I've actually explained the law to police officers (including my Stepfather). That's why I tend not to push the limit when it comes to blade length, for the most part. There are too many different 'interpretations'. As far as San Antonio, that's the only city in Texas I know of with its own special knife laws, and I've often wondered about the validity of those. I always thought Texas had preemption when it came to state vs. local laws, but I could be wrong.
 
in response to the san antonio knife law...im really confused...it says Using such a knife in connection with a lawful occupation, during such utilization. ......does this mean i can carry a lock blade for job where i open boxes and other stuff?.....i read somewhere that this law is just used to deal with the wanna be gang bangers and i wont really affect the average joes (haha my name is joe)...idk i dont wanna carry a little peanut knife as an edc knife...i go to school downtown..not the nicest place in the world...and i would like to carry something as an equalizer if i need to i.e. the attacker has a weapon...i mean im a pretty big guy i stand 6'5"-6'6"...i doubt ill get messed with in a city where the average mans height is like 5'6"-5'7" but you never know and i like to be on the safe side.... and a knife also makes for a great tool....so would a fixed blade knife be acceptable like a kershaw millitary book knife?....any info would be appreciated
 
From my personal take on this and from fellow officers that I work with, you will get a different answer every time, but my answer is probably more informed since I am a knife enthusiast :D

Knife restriction laws are only really enforced if a crime has been committed and an "illegal" blade is found on the subject and is given that added charge. No one I know has ever charged anyone to date with a weapon charge for a knife - gun yes, but knife no. The knife is simply confiscated if it's illegal to own and the person sent on their merry way. I haven't confiscated anything yet because like the trooper example above, if they aren't a threat to me then they are OK in my book to carry whatever they want.

I did have to educate a lot of my fellow Deputies on the DIFFERENCE between spring assist and full automatic. One of the guys almost picked up a SOG Flash II black coated combo edge from a walking subject that was in a problem area in the middle of the night. The guy was just walking home late from a friends house and knew the address off hand and his ID showed his home was just around the corner. He was patted down prior to finding this out by another deputy and the knife was discovered. The other deputy flicked it open and of course the spring assist kicked in. He spewed out that it was an illegal knife and preached on his soapbox about how the guy could get in trouble for owning it. The subject readily offered to give up the knife and that he had no idea and did not want to get in trouble. I pulled my friend aside and explained to him briefly that it was a spring assist knife and not an automatic. I finished the contact with the subject, handed him his knife back and said "Nice Flash II." He looked confused and said, "Thank you, but it's a SOG not a Flash II, I picked it up at Lowes so I thought it was legal?" I told him the brand is SOG and the knife model is a Flash II. I also advised him that it was legal and that spring assist was a whole other thing from automatic. He walked home and I felt better for saving a fellow knife enthusiast from losing a $50 knife to my misunderstanding friend :)

If you stay under the radar you have nothing to worry about, J.
 
From my personal take on this and from fellow officers that I work with, you will get a different answer every time, but my answer is probably more informed since I am a knife enthusiast :D

Knife restriction laws are only really enforced if a crime has been committed and an "illegal" blade is found on the subject and is given that added charge. No one I know has ever charged anyone to date with a weapon charge for a knife - gun yes, but knife no. The knife is simply confiscated if it's illegal to own and the person sent on their merry way. I haven't confiscated anything yet because like the trooper example above, if they aren't a threat to me then they are OK in my book to carry whatever they want.

I did have to educate a lot of my fellow Deputies on the DIFFERENCE between spring assist and full automatic. One of the guys almost picked up a SOG Flash II black coated combo edge from a walking subject that was in a problem area in the middle of the night. The guy was just walking home late from a friends house and knew the address off hand and his ID showed his home was just around the corner. He was patted down prior to finding this out by another deputy and the knife was discovered. The other deputy flicked it open and of course the spring assist kicked in. He spewed out that it was an illegal knife and preached on his soapbox about how the guy could get in trouble for owning it. The subject readily offered to give up the knife and that he had no idea and did not want to get in trouble. I pulled my friend aside and explained to him briefly that it was a spring assist knife and not an automatic. I finished the contact with the subject, handed him his knife back and said "Nice Flash II." He looked confused and said, "Thank you, but it's a SOG not a Flash II, I picked it up at Lowes so I thought it was legal?" I told him the brand is SOG and the knife model is a Flash II. I also advised him that it was legal and that spring assist was a whole other thing from automatic. He walked home and I felt better for saving a fellow knife enthusiast from losing a $50 knife to my misunderstanding friend :)

If you stay under the radar you have nothing to worry about, J.
lol well thank you very much sir thats good info to have...and since im a good boy ad i follow my laws then this shant be a problem to me once again thank you very much
 
From my personal take on this and from fellow officers that I work with, you will get a different answer every time, but my answer is probably more informed since I am a knife enthusiast :D

Knife restriction laws are only really enforced if a crime has been committed and an "illegal" blade is found on the subject and is given that added charge. No one I know has ever charged anyone to date with a weapon charge for a knife - gun yes, but knife no. The knife is simply confiscated if it's illegal to own and the person sent on their merry way. I haven't confiscated anything yet because like the trooper example above, if they aren't a threat to me then they are OK in my book to carry whatever they want.

I did have to educate a lot of my fellow Deputies on the DIFFERENCE between spring assist and full automatic. One of the guys almost picked up a SOG Flash II black coated combo edge from a walking subject that was in a problem area in the middle of the night. The guy was just walking home late from a friends house and knew the address off hand and his ID showed his home was just around the corner. He was patted down prior to finding this out by another deputy and the knife was discovered. The other deputy flicked it open and of course the spring assist kicked in. He spewed out that it was an illegal knife and preached on his soapbox about how the guy could get in trouble for owning it. The subject readily offered to give up the knife and that he had no idea and did not want to get in trouble. I pulled my friend aside and explained to him briefly that it was a spring assist knife and not an automatic. I finished the contact with the subject, handed him his knife back and said "Nice Flash II." He looked confused and said, "Thank you, but it's a SOG not a Flash II, I picked it up at Lowes so I thought it was legal?" I told him the brand is SOG and the knife model is a Flash II. I also advised him that it was legal and that spring assist was a whole other thing from automatic. He walked home and I felt better for saving a fellow knife enthusiast from losing a $50 knife to my misunderstanding friend :)

If you stay under the radar you have nothing to worry about, J.

We need more officers like you in the world, way to be. 
 
I've lived in SA most of my life. I always carried a locking pocket knife and have never had any problems with the police. Ive taken it to court, dropped it and my keys off at the front, paid a ticket, went back and picked it up. No one ever seemed to mind. Recently I have been carrying an ESEE Izula and a Spyderco Cricket on the key chain. Izula is probably gonna lose a lot of pocket time to that new Hinderer ZT.
he way that law reads to me wouldn't it make carrying a Leatherman illegal as well? lol. The way I see it is stay out of trouble and carrying what you like shouldn't be a problem. That being said, I probably wouldn't start up a conversation with a LEO carrying a sebenza:rolleyes:
 
I've lived in SA most of my life. I always carried a locking pocket knife and have never had any problems with the police. Ive taken it to court, dropped it and my keys off at the front, paid a ticket, went back and picked it up. No one ever seemed to mind. Recently I have been carrying an ESEE Izula and a Spyderco Cricket on the key chain. Izula is probably gonna lose a lot of pocket time to that new Hinderer ZT.
he way that law reads to me wouldn't it make carrying a Leatherman illegal as well? lol. The way I see it is stay out of trouble and carrying what you like shouldn't be a problem. That being said, I probably wouldn't start up a conversation with a LEO carrying a sebenza:rolleyes:

Now if you had a Sebenza and I saw it clipped to your pockets you can bet that I'd be taking you in for something stupid like j walking and the knife would never be seen again :D bad joke :p
 
I've lived in San Antonio for about a dozen years now and I carry a locking knife with me everywhere (except the courthouse and airport) and I'm a lawyer. I've had a wicked looking 4" karambit sticking out of my pocket before - saw an officer see it clipped to my pocket - and saw him completely ignore it. Of course, I'm a 40-year-old white dude that was filling up a minivan with gas at the time (is there anything less threatening that that?).

I carry my paramilitary or Manix just about everywhere and I don't try to conceal it at all. I've never heard about anybody here getting in trouble under the law referenced above regarding locking knives. My wife, who is a criminal defense attorney, did mention to me the other day that a knife over 5.5" long was illegal so I presume she's represented people in the past that have gotten in trouble for that.
 
My wife, who is a criminal defense attorney, did mention to me the other day that a knife over 5.5" long was illegal so I presume she's represented people in the past that have gotten in trouble for that.

Those are illegal all over Texas, except when camping, hunting, fishing, etc., and travel to and from, or while on your own property.
 
Houston/Katy, Texas here...

The ONE AND ONLY time a cop jacked me up over a knife was when I was drunk, high, and about 16 years old...
It was closing in on midnight and I was hanging out at a 7-11, playing video games.

I was waiting on my dad, been out partying and called him for a ride...left a buddy's house and walked to the store for a cola and to get picked up. Anyhow...

There I am kicking the shit outta Double Dragon or whatever...I see the cops come in, but since I have no weed or any other drug on me, I don't care...
Before I realize it, I feel a hand on my shoulder and another one on my ass...the hand on my shoulder slowly rotates me as the hand on my ass pulls out my CHO balisong from my rear pocket. It wasn't a giant blade, but just big enough so that the lever/flip was slightly sticking out of my back jeans pocket, and being a balisong, it was very evident on sight what it was in my pocket.

Well, I'm trying my best to talk my way out of this and they're preaching to high heaven how dangerous and illegal it was...
I'm doomed.
But luckily, my dad pulls up and tells the cop he bought it for me on my 16th birthday for self protection, which he did...told the cop he didn't know they were illegal, sorry, it won't happen again.

They let me go, WITH THE KNIFE...never mentioning how high and drunk I was...I guess I sobered up REALLY quick.
Still carried it after that, but moved it to front pocket after that...
And ever since that day, legal or illegal...I always carry my knife in my front pocket. Hidden.
 
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Okay here we go.
1. Knives under 5.5" inches, folders fixed etc are allowed.
Notallowed:
(B) hand instrument designed to cut or stab another by being thrown; (sorry ninjas, but no throwing stars)
(C) dagger including but not limited to a dirk, stiletto, and poniard; 7" in length and locks open, has a double guard, a blade that locks open, and is sharpened on both sides for over an inch means it is illegal. (all requirements must be met, it isn't an "or" case.
(D) bowie knife; A knife in a scabbard with a blade
nine inches long and a handle four or five inches long described as a butcher knife was
embraced in the term “bowie knife” as defined by the Penal Code.
(E) sword; or
(F) spear.

This is both concealed, and open carry. This means you could wear your knife fully visible, or completely concealed as long as you are not involved in any criminal or suspicious activities. You may also conceal it, and as far as I know there is no limitation to how many you may have.

HOWEVER if a police officer asks you, you must identify what you have on person as far as knives go, concealed or not.
 
Okay here we go.
1. Knives under 5.5" inches, folders fixed etc are allowed.
Notallowed:
(B) hand instrument designed to cut or stab another by being thrown; (sorry ninjas, but no throwing stars)
(C) dagger including but not limited to a dirk, stiletto, and poniard; 7" in length and locks open, has a double guard, a blade that locks open, and is sharpened on both sides for over an inch means it is illegal. (all requirements must be met, it isn't an "or" case.
(D) bowie knife; A knife in a scabbard with a blade
nine inches long and a handle four or five inches long described as a butcher knife was
embraced in the term “bowie knife” as defined by the Penal Code.
(E) sword; or
(F) spear.

This is both concealed, and open carry. This means you could wear your knife fully visible, or completely concealed as long as you are not involved in any criminal or suspicious activities. You may also conceal it, and as far as I know there is no limitation to how many you may have.

HOWEVER if a police officer asks you, you must identify what you have on person as far as knives go, concealed or not.
it does not say "as long as you are not involved in any criminal or suspicious activity." That has nothing to do with it
 
I can't find the excerpt but pretty much a legal weapon becomes illegal once it is used illegally. Like for example using that legal knife to stab a coworker? Makes the action illegal, and the knife a weapon which makes it illegal as well. Threatening a co-worker with said knife is also illegal in Texas, and would likely lead to your knife being confiscated.
Reasonable suspicion is also enough to confiscate your knife, although this is Texas laws are so screwed up you have women being raped, or people being assaulted in their homes, defend themselves and then sued by the criminal.
 
Under Ch 46 Penal Code Weapons:

(7) "Knife" means any bladed hand instrument that is
capable of inflicting serious bodily injury or death by cutting or
stabbing a person with the instrument.

So basically every knife is considered a weapon but only these are illegal to carry:

(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half
inches;
(B) hand instrument designed to cut or stab
another by being thrown;
(C) dagger, including but not limited to a dirk,
stilletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
(11) "Switchblade knife" means any knife that has a
blade that folds, closes, or retracts into the handle or sheath, and
that:
(A) opens automatically by pressure applied to a
button or other device located on the handle; or
(B) opens or releases a blade from the handle or
sheath by the force of gravity or by the application of centrifugal
force.

So using a Knife/weapon to stab anyone is an illegal act, otherwise it would be "bad knife, how could you stab that person...knife." It's an object that is harmless until a person uses it otherwise. The act would be Aggravated Assault W/ Deadly Weapon. Threatening someone with a knife in hand wouldn't just get your knife confiscated, but jail time + court for Terroristic Threats (making a threat in person and being capable of carrying out the threat).

As for confiscating for reasonable suspicion, if you are walking at night in crime central and look like you are up to no good, criminal history, etc.... then by officer discretion your knife/weapons may be confiscated and held at the office to be picked up at a later time. This is also done for risk subjects - suicidal subjects, family violence, etc... - where we can confiscate any firearms in the home to be held until a later time.
 
Under Ch 46 Penal Code Weapons:

(7) "Knife" means any bladed hand instrument that is
capable of inflicting serious bodily injury or death by cutting or
stabbing a person with the instrument.

So basically every knife is considered a weapon but only these are illegal to carry:

(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half
inches;
(B) hand instrument designed to cut or stab
another by being thrown;
(C) dagger, including but not limited to a dirk,
stilletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
(11) "Switchblade knife" means any knife that has a
blade that folds, closes, or retracts into the handle or sheath, and
that:
(A) opens automatically by pressure applied to a
button or other device located on the handle; or
(B) opens or releases a blade from the handle or
sheath by the force of gravity or by the application of centrifugal
force.

So using a Knife/weapon to stab anyone is an illegal act, otherwise it would be "bad knife, how could you stab that person...knife." It's an object that is harmless until a person uses it otherwise. The act would be Aggravated Assault W/ Deadly Weapon. Threatening someone with a knife in hand wouldn't just get your knife confiscated, but jail time + court for Terroristic Threats (making a threat in person and being capable of carrying out the threat).

As for confiscating for reasonable suspicion, if you are walking at night in crime central and look like you are up to no good, criminal history, etc.... then by officer discretion your knife/weapons may be confiscated and held at the office to be picked up at a later time. This is also done for risk subjects - suicidal subjects, family violence, etc... - where we can confiscate any firearms in the home to be held until a later time.

Thank you for elaborating, that's pretty much what I was trying to say.
 
As for confiscating for reasonable suspicion, if you are walking at night in crime central and look like you are up to no good, criminal history, etc.... then by officer discretion your knife/weapons may be confiscated and held at the office to be picked up at a later time. This is also done for risk subjects - suicidal subjects, family violence, etc... - where we can confiscate any firearms in the home to be held until a later time.
this is completely untrue. an officer has no legal justification to confiscate any knife/weapon simply because you look like you are up to no good or are walking at night in crime central.

Now confiscating firearms in a domestic violence/mental health case is another story.
 
also what many people do not know is that

(b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;
 
also what many people do not know is that

(b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;

This is not correct actually. Having a concealed carry license DOES NOT exempt you from knife laws. Period. This has been discussed in firearm forums, and some instructors for obtaining the license have already stated it does NOT grant you permit to carry any illegal knife.
 
this is completely untrue. an officer has no legal justification to confiscate any knife/weapon simply because you look like you are up to no good or are walking at night in crime central.

Now confiscating firearms in a domestic violence/mental health case is another story.

I was thinking of juveniles when I wrote that. In my county we have two main issues: Highway Interdiction and Juveniles selling the crap on the streets. Gangs use juveniles to do the dirty work because if caught they get lesser punishments than adults and it is a PITA to do the paperwork and wait for a JPO to make our location when dealing with juveniles. So I should have added in that I meant that line for underage individuals walking around in crime central that I'm familiar with so any weapons removed and held for an adult to pick up at a later time.
 
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