Laws in and around Austin, Texas

OAT

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Dec 31, 2007
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I am wondering if the laws in and around Austin, Texas are the same as state laws? Austin is known as the most liberal city in Texas and I was wondering if local Weapons law reflects that. I am considering fixed blade concealed carry and concealed and open carry with folders. State law says blades up to 5.5" are ok. I'm wondering if that applies throughout the state and especially around Austin. I read that San Antonio does restrict some types of carry so I just wanted to make sure. Thanks for any info.
 
It is the case that for both fixed and folding knives there is a 5.5 inch length limit. However, there is a vague illegality statute that bans all "bowie knives". Also, just fyi, automatic knives are outright illegal, as are dirks and daggers.
Texas is very interesting and complicated because it has a number of exemptions.

But as for San Antonio and Austin...I couldn't find any supplemental restrictions within Austin for knives. San Antonio however, has a regulation prohibiting the carry of knives that lock with a blade under 5.5 inches. That's right, under 5.5 inches is illegal, so if you must carry a knife make it a big ass one. Just kidding! I highly doubt a law like that will ever be enforced. Stick to the Texas state laws and you should be fine.
That being said, would you like more information about texas carry laws and exemptions? If you want to tell me the knife you're planning on carrying I can provide a more accurate estimation of legality regarding that specific knife.
 
I was thinking of a Shivworks Disciple and/or a Spyderco folder.

I don't want to get "locked in" to just one knife with an opinion that this or that knife is ok. I would rather have a better understanding of local law so I can figure out what is and is not legal.

If anybody knows about carry laws around Austin or how they are enforced - please feel free to comment.
 
and here is the relevant section of texas state law:

Texas - Health, Safety & Morals - 46.02. Unlawful carrying
weapons. (a) A person commits an offense if intentionally,
knowingly , or recklessly carries on or about his person a
handgun, illegal knife, or club. [Exceptions: official;
actor was own premises; was traveling; engaged in lawful
hunting, fishing, or other sporting activity; security
guard].
- 46.01. Definitions. (1) "Club"... includes... (D)
Tomahawk...
(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;
(D) sword; or
(E) 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.
- 46.03. Places weapons prohibited.
(a) A person commits an offense if, with a firearm, illegal
knife, club, or prohibited weapon [includes switchblade
knives], he intentionally, knowingly, or recklessly goes:
(1) on the physical premises of a school [or school bus];
(2) on the premises of a polling place...
[(3) a court; (4) a racetrack; (5) secured area of an
airport].
- 46.05. Prohibited Weapons. (a) A person commits and offense
if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells... (5) a switchblade
knife... (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 short-barrel firearm solely as an
antique or curio...
 
Thanks for the link, Morimotom. I couldn't find anything on knives or knife carry either but it was interesting to read. As you wrote, maybe Austin doesn't go beyond state law.

Thank you too, Reffy. I appreciate the input.
 
After further looking into Texas I have concluded that Austin does in fact not have knife carry laws separate from Texas state laws. But to further supplement my original post and Morimotom's....

Few things of note. You can have virtually whatever knife you like, as long as it is in your car.
As I said above they do ban so called "bowie knifes" regardless of length. If you carry a knife that has a blade under 5.5 inches in length and is not automatic open, assisted open, or is a gravity knife you should fine.

That knife you posted, the Shivworks Disciple, has a blade length of 3 inches. Falling underneath the 5.5 limit, and looking nothing like a bowie knife, it should be very legal to carry.
I am not your lawyer. This is not and should not be construed, regarded or considered as legal advice.
 
I notice you are from Texas. That being the case you are in a better position than I to determine legality. Have you called your state office and asked about AOs? I'd like to know what they have to say on the matter.
Until then, there is plenty of evidence to suggest an assisted open knife would fall under the switchblade statute, in the same way that balisongs have time and time again.
 
I live in Austin and have been hassled for carrying some less-than-sheeple-friendly blades. The police usually do not have a whole lot of education on what is or is not legal in a certain area. However, if you are on, say, 6th Street or something and cause any sort of a ruckus, expect the knife to disappear into police custody. Also, I worked as a bouncer and we are allowed to confiscate your blade when you come in to our establishments. Just a heads-up. A general rule is to carry friendly-looking tools when inside the city limits, but the outskirts are a little less strict about it.
 
Actually, Texas law does not prohibit asisted opening knives.

Texas law may not prohibit assisted-opening knives, but there are DAs and judges who consider AO knives to be switchblades, and act accordingly!
 
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