Knife laws in Texas

k5MOW

k5MOW

Joined
Nov 29, 2014
Messages
214
Good afternoon all

Does anyone know for sure the knife law in Texas. I believe you can carry a fixed blade or any knife up to 5 1/2 inches blade length concealed or open carry. Does anyone know for sure.

Roger
 
Yes it's 5 1/2 inches open or concealed, no bowies, no double edges, no actual switchblades.
Balisongs are okay. I carry my RMD which is exactly 5.5 open on my belt or my RS concealed IWB. Sometimes the RMD concealed too.
Never had any issues but use your better judgement.
 
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Lance23 said:
Yes it's 5 1/2 inches open or concealed, no bodies, no double edges, no actual switchblades.
Balisongs are okay. I carry my RMD which is exactly 5.5 open on my belt or my RS concealed IWB. Sometimes the RMD concealed too.
Never had any issues but use your better judgement.
Click to expand...

I know this is probably a stupid question but what do you mean by No bodies?

Roger
 
Lance23 said:
Yes it's 5 1/2 inches open or concealed, no bodies, no double edges, no actual switchblades.
Balisongs are okay. I carry my RMD which is exactly 5.5 open on my belt or my RS concealed IWB. Sometimes the RMD concealed too.
Never had any issues but use your better judgement.
Click to expand...
Switchblades are legal now. I have one in my pocket.
 
k5MOW said:
Thanks so much. I should have known that.

Roger
Click to expand...

Bowie style is OK though, it just can't have two edges. Same goes for dagger style etc...one of my Boker autos has the dagger style blade but only one side of it is sharpened. True dagger blades like you often see on OTFs are illegal however.
 
John_0917 said:
Bowie style is OK though, it just can't have two edges.
Click to expand...

I am curious about this. To clarify...about bowie style being okay, is a sharpened top edge of the clip point (before the spine of the knife begins) considered a second edge? What are some examples of bowie style knives that would be legal to carry?

I genuinely want to know because of how ambiguous the term 'bowie' knife is.

In fact, a specific example I am curious about is the Ontario 499 Survival knife. It clearly looks inspired by and has bowie features and the top edge of the clip point is sharpened. However, it is small with a blade length of 5 inches. Does having features of a bowie make it a bowie regardless of length? Would it be considered an illegal knife when carried in Texas or is it a legal to carry bowie style knife?
 
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Lance23 said:
Yes it's 5 1/2 inches open or concealed, no bowies, no double edges, no actual switchblades.
Balisongs are okay. I carry my RMD which is exactly 5.5 open on my belt or my RS concealed IWB. Sometimes the RMD concealed too.
Never had any issues but use your better judgement.
Click to expand...

This (I've highlighted in red) is not correct. Then again, maybe I do not understand what you mean by "actual switchblades" though I can only imagine you are referring to auto knives. This was repealed in 2013.

Current Texas definition of illegal knife (from the TX Penal code, Title 10, Sec. 46).

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, stiletto, and poniard; [this previously included the term switchblade, which was removed in 2013]
(D) bowie knife;
(E) sword; or
(F) spear.


From Knife Rights

[video=youtube;nc3ouC6yqTY]https://www.youtube.com/watch?v=nc3ouC6yqTY[/video]
 
El Bandit0 said:
No sharpened clips whatsoever.
Click to expand...

I have a Randall and the similarly styled Blackjack. Neither has a sharp clip but it is easy to see how they could be sharpened. I've seen knives similar to the Kabar, maybe a style called a pilot's survival knife, that did have a sharpened clip. I don't know if there is any case law to clarify the "bowie" or "double edge" definition. Best not to be the test case.

San Antonio was mentioned as an exception. I've read references to restrictions in Corpus Christi too. I don't know the specifics but I would do research before visiting either city.

When automatic knives were legalized I bought one just out of principle. I don't recall if butterfly knives were also made legal.

Even though there is a 5.5" limit I would wager that virtually every kitchen in the state has knives longer than 5.5". I suppose you could have one with you within reason if you are carrying cooking gear from place to place. Police stop you and you have a big butcher knife you just bought in a store, you're probably OK. Police stop you and you are very suspicious but they can't find a reason to hold you, then they find a 6" butcher knife, they can probably use that against you.
 
bdmicarta said:
I have a Randall and the similarly styled Blackjack. Neither has a sharp clip but it is easy to see how they could be sharpened. I've seen knives similar to the Kabar, maybe a style called a pilot's survival knife, that did have a sharpened clip. I don't know if there is any case law to clarify the "bowie" or "double edge" definition. Best not to be the test case.

San Antonio was mentioned as an exception. I've read references to restrictions in Corpus Christi too. I don't know the specifics but I would do research before visiting either city.

When automatic knives were legalized I bought one just out of principle. I don't recall if butterfly knives were also made legal.

Even though there is a 5.5" limit I would wager that virtually every kitchen in the state has knives longer than 5.5". I suppose you could have one with you within reason if you are carrying cooking gear from place to place. Police stop you and you have a big butcher knife you just bought in a store, you're probably OK. Police stop you and you are very suspicious but they can't find a reason to hold you, then they find a 6" butcher knife, they can probably use that against you.
Click to expand...

IIRC the double edge case law was from a trial up in the panhandle several years ago (1980s), and determined that ANY amount of sharpening on the spine edge was enough to make the knife a "double edged" knife.

San Antonio's ordinance bans all locking folding knives. Any legal fixed or non-locking folder (up to 5.5" and single edged) are OK.

Corpus Christi is much more restrictive. No fixed blades of any sort and a folding knife must be 3" or less.

Butterfly knives are legal as well. They just have to meet the single edged. 5.5" requirements for any other "legal" knife.

WRT "Bowie knives", there is a proposed law (HB 92) in the current legislative session that would remove the word "bowie" from the list of "illegal" knives, most likely because of the inability of anyone to come up with a definitive definition/description of what is a "Bowie Knife". For whatever reason, the arbitrary determination that a knife is illegal simply because its shape/appearance/features make it a "Bowie knife" in the eye of the LEO. On 09 Feb 2015, the bill was read for the first time and assigned to the "Criminal Jurisprudence Committee". The next step is for the committee to favorably approve the bill and send it on to be placed on the House Calendar for a vote.

Another bill in the current legislative session is HB 905. This is the "pre-emption" bill, which will, if passed, preclude counties and cities from passing new or enforcing previous implemented knife laws. This past Friday (26 Feb 2015), the bill was read for the first time and assigned to the "Homeland Security and Public Safety Committee". The next step is for the committee to favorably approve the bill and send it on to be placed on the House Calendar for a vote.
 
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