automatics and balisongs in Texas?

Seeing an item at a gun show is, in my opinion, one of the most inaccurate indications of legality. People sell all kinds of questionable items, especially non-firearms.

Automatics and Balisongs are illegal even to own in Texas.

Under Texas Penal Code Secton 46.01"
(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.
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Under 46.05
(a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.
...
(d) It is an affirmative defense to prosecution under this section that the actor’s
conduct:
(1) was incidental to dealing with a switchblade knife, springblade knife, or shortbarrel firearm solely as an antique or curio;
Click to expand...
 
Yes, they are legal to own and keep in your home. Autos are illegal to carry, though...don't know about balis.

If glistam would have printed the next line or two, it says so.
 
joe-bob said:
Yes, they are legal to own and keep in your home. Autos are illegal to carry, though...don't know about balis.

If glistam would have printed the next line or two, it says so.
Click to expand...

Balis and Autos are both "switchblades" by that definition I already printed ("application of centrifugal force"), and there is case law upholding that.

There is no other exception that is applicable to a civilian other than the "antique or curio" one mentioned above. For the most part, keeping an "antique or curio" makes ownership at home legal.

Here are full cites:
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.01
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.05
 
"A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control."



This says that if you are on your own property, then you have commited no offense.
 
Joe-bob, that paragraph does not apply to switchblades. "Illegal knife" is defined in Sec. 46.01 part (6), whereas switchblade is part (11). They are distinct and therefore that exclusion (Sec. 46.02 part (a) is not applicable.
 
This section comes after all of the definitions and uses the terms as defined. The definitions given at the beginning of the chapter are for the entire chapter. You are mistaken in your interpretation.
 
switch blades are illegal to cary everywhere arn't they? and they are hard to get
what about balisongs though I always thought they were legal.
 
autos and balis are both illegal to own and to carry in texas, unless you are LE. balis are considered a switchblade under texas law and are therefore prohibited weapons, unless you are a curio, but good luck proving that in court. btw, having one of these is a third degree felony. if i were you i would leave the autos and balis alone.


if you have any more questions feel free to ask. i am a criminal justice student here in texas.
 
Last year the AKTI passed up a golden opportunity to fix the legal status of balisongs. They got the definition of gravity knife in 46.01(11) changed to exclude assisted-openers, when they should have dropped the gravity and centrifugal force nonsense entirely. Here's what they did:

http://www.legis.state.tx.us/tlodocs/81R/billtext/html/HB04456I.htm

They should have simply struck 46.01(11)(B).

BTW, joe-bob, glistam is right. Re-read what he wrote in post 7.

The law treats switchblades and gravity knives as evil objects, not legal anywhere (except for the curio&relic affirmative defense). The car-travel exception in 46.02 applies to "illegal knives" -- that is, fixed-blade knives, swords, throwing stars, daggers, and spears -- but does NOT apply to switchblades or gravity knives, because 46.02 does not address those.
 
Buckles said:
autos and balis are both illegal to own and to carry in texas, unless you are LE. balis are considered a switchblade under texas law and are therefore prohibited weapons, unless you are a curio, but good luck proving that in court. btw, having one of these is a third degree felony. if i were you i would leave the autos and balis alone.


if you have any more questions feel free to ask. i am a criminal justice student here in texas.
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I've had a butterfly knife since I was 8 years old :jerkit: I'm not really a fan of them, but I'm not too worried about it sitting in a desk drawer at home where it has sat for years untouched.
 
So does that mean that if I ordered one online, that it would not be shipped? And if so, where in the shipping process would that shipment be halted? At sale? In transit?

I know I might sound ignorant. Sorry. I was just wondering if I could have one shipped here to have around the house. Or maybe buy one of the high end ones from here and keep it on the wall until the laws are changed or until I move.

I just wanted to make sure that if I were to buy one, that it would not be confiscated in transit and be a waste of money.
 
Phlegeth0n said:
So does that mean that if I ordered one online, that it would not be shipped? And if so, where in the shipping process would that shipment be halted? At sale? In transit?

I know I might sound ignorant. Sorry. I was just wondering if I could have one shipped here to have around the house. Or maybe buy one of the high end ones from here and keep it on the wall until the laws are changed or until I move.

I just wanted to make sure that if I were to buy one, that it would not be confiscated in transit and be a waste of money.
Click to expand...

Well basically whoever is selling to you is technically a criminal already, especially if they are from out of state (federal law prohibits interstate sale). Usually the site will stop you at some point during the checkout process and stop the order if you are not from the same state. Or at least it should. If it doesn't that's usually a site that just doesn't care.

However if the order goes through, I wouldn't worry all that much. The police cannot open your mail whatsoever (requires a federal warrant). And technically it is all on the seller, not you the buyer, to obey the law on interstate shipping no matter what little CYA text they try to put on their website. This still would not get around the problem that owning them is illegal in Texas as stated above, so consider yourself warned.
 
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