Laws are so dang confusing

S

suchmuchfun

Joined
Aug 29, 2010
Messages
62
Hoping I can get an answer to one little issue here.

Thought I did all the research I needed to, but the more I look into the law here in Texas, I am wondering if the Esse4 I have here is legal. My concern is the sharpened clip point. I got it just because I thought it was cool, but now I am thinking that defines it as a "Bowie knife", and, believe or not, in Texas those are illegal.

Looks like I can own it, carry it to my car, and then to a outdoor place where hunting or fishing would happen, but not just have it at other times. Now, I don't see myself carrying it around all willy-nilly, but I don't want to have issues either.

I spoke today to the police officer at my school (yes, real cop, and yes, nice guy who doesn't mind helping teachers), and he said a "normal" cop shouldn't care as long as I wasn't doing anything dumb or committing some other offense. But, and big BUT here, he said a lot of cops are jerks and could decide to flip out on it.

I do see where I bought the knife (knife center) does have the normal blade, but that requires me boxing it up, sending it back, ordering the new one--HASSLE!

Should I just be safe and order the other or stop worrying? Wish the stores were more clear on this sort of stuff.

BTW--source:
http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.46.htm

Knife pic from my other thread:

IMG_0722 by suchmuchfun, on Flickr
 
I wouldn't worry about it, I'm surprised Tx law shows a blade length let alone worried about a 'bowie' style, but your right knife laws are stupid.......

you should post this in the knife laws forum
 
Nope, not legal here at all. Not "bowie style", but the fact that it's "double edged".

I wouldn't carry it personally, just my personal opinion.
 
shotgunner11 said:
Nope, not legal here at all. Not "bowie style", but the fact that it's "double edged".

I wouldn't carry it personally, just my personal opinion.
Click to expand...

Does double edge make it a dagger? That term, double edge, is not actually in the law, and that is what makes it confusing. I did look up definitions of a Bowie, and the sharpened clip point was a characteristic, so that is what I thought was meant.

Put this here just because it is the only place I have interacted. Mods please move if misplaced.
 
No, it's fine here, no problem at all.

Yes, any knife with a sharpened back edge is considered a "dirk or dagger".
 
Guess I'm ordering another then. Gonna send this one back. Super sucks.

Go figure. Went out of my way to try to be OK, guess I just didn't understand some terms I should have.
 
Here in Alabama nearly every good 'ol boy carries a knife, even if it's the venerable Buck 110. Our laws are very relaxed just as long as your carry is'nt a 'butcher type' knife. Even Autos' can legally be purchased and that was once the domain of LEO's, EMT's, Govt. employees and the like.
 
like several said before it is illegal to carry on your person, unless you are in route to your vehicle or on your property or property under your control, or you are involved in an activity where that type of knife is commonly used. I cannot think of any activity where a dagger is used, so you are out of luck on that one.

The only loophole around this law, and one that most people dont know about, is the non applicability section of the penal code.
If you have a CHL and are carrying the same type of handgun that your CHL permits, you can legally carrying on your person an otherwise illegal knife. This includes a dagger.
 
I'm not a lawyer or LEO but a buddy of mine in law enforcement says intent is 9/10ths of the law. FWIW.
 
It is interested that the officer I spoke to was more concerned with the length and really not at all with the point. Talked to the wife, and, done deal, ordering replacement right now and sending the other back tomorrow.
 
Texas is a bit strict with their knife laws.

"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.

(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.
 
Was it New Hampshire that just abolished all their knife laws?

Anyways, I always try and play it on the safe side..so replacing the double edged ESEE4 with the standard ESEE4 is a good idea...
 
Sec. 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to:

(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;
 
The only loophole around this law, and one that most people dont know about, is the non applicability section of the penal code.
If you have a CHL and are carrying the same type of handgun that your CHL permits, you can legally carrying on your person an otherwise illegal knife. This includes a dagger.
Click to expand...

Hey Buckles, would you happen to have a reference source for that you could point a fellow Texan to? I'm not doubting you, I would just like to learn more about that loophole. I'm guessing that loophole would have no affect on city knife ordinances such as those in San Antonio or Corpus Christi.
 
Brisket said:
Hey Buckles, would you happen to have a reference source for that you could point a fellow Texan to? I'm not doubting you, I would just like to learn more about that loophole. I'm guessing that loophole would have no affect on city knife ordinances such as those in San Antonio or Corpus Christi.
Click to expand...

see above post :)

and you are correct, city knife ordinances would still apply.
 
gawd, it's so sad that the Republic of Texas banned Bowie knives. i would expect Bowies to freakin' be issued at birth! heck, i guess not enoigh people "Remember the Alamo" anymore. perhaps they just think it's a car rental agency?

however, this exemption for CCW holders is refreshing. we need that here in my county, since technically any concealed blade over 3" is verboten here, even with a CCW.

Buckles said:
Sec. 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to:

(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;
Click to expand...
 
DH1 said:
Was it New Hampshire that just abolished all their knife laws?

Anyways, I always try and play it on the safe side..so replacing the double edged ESEE4 with the standard ESEE4 is a good idea...
Click to expand...

You are correct. Stiliettos, switch knives, daggers and dirks are now legal to possess and carry. Below is the current law.

This is why I love living in NH. Live Free or Die!



159:16 Carrying or Selling Weapons. – Whoever, except as provided by the laws of this state, sells, has in his possession with intent to sell, or carries on his person any blackjack, slung shot or metallic knuckles shall be guilty of a misdemeanor; and such weapon or articles so carried by him shall be confiscated to the use of the state.
 
Knife carry laws are cryptic, if not archaic in most states...

Luckily, in NC, you can carry just about anything you like as long as it's not concealed, but they aren't fans of fixed-blades carried in-pocket, there are MANY gray areas in this regard, and it's really up to the LEO. Folders are fine up to 3" blades as long as it's not a switchblade/spring-assist opening, straight-razor, or dagger/dirk.

So, I can belt carry a junglas no problem, but *may* get into trouble for having an izula in my pocket. Go figure.
 
I look at MS's state laws as everything is pretty much legal except automatics. There are laws saying now bowie or dirk/dagger but, if your not acting an idiot or walking thru walmart with your junglas on your pack or belt then I'm sure there will be no problems.
 
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