Question on Texas knife law

[BuckySWT]

Where does it state that D/E is illegal to carry?

I'm wanting to purchase my first auto and like the OTF style...microtech scarab or troodon and I'm leaning hard towards a single edge, but was curious about where on the new law it defines double edge switchblades.

 

[blades&wrenches]

§ 46.01. Definitions

In this chapter:
…..(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) 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

Basically (C) means nothing double edged.

Also found this.

First, the definition of an Illegal Knife in Sec. 46.01(6)(C) still includes "dagger, including but not limited to dirk, stilletto and poniard." That has not changed. None of these type knives, dagger, etc., are defined in Texas law, but based on case law generally you should assume that a "dagger" covers any double-edged blade. This would include automatic knives with double-edged blades. Some have suggested that you might make a case for the position that when the legislature repealed the ban on switchblades, that repeal covers any automatic knife, regardless of blade style. That is referred to technically as a "presumptive repeal" defense. However, unless you want to be a test case, spend thousands and thousands of dollars and possibly still end up in jail if you lose, that could be a very risky position to take. We do not recommend testing the law by carrying a double-edged knife.

 

[BuckySWT]

I was kind of thinking that when I read the law but never saw the specific wording regarding 2 cutting edges.

That does define a dagger, so by their wording, a double edge auto would thereby be seen as a dagger. Ok to own but not carry.

Definition (B) has just a little grey area....don't you think?

Just like NFA laws...I'd prefer not to be a test case

Single edge auto it shall be for me.

 

[John_0917]

I was kind of thinking that when I read the law but never saw the specific wording regarding 2 cutting edges.

That does define a dagger, so by their wording, a double edge auto would thereby be seen as a dagger. Ok to own but not carry.

Definition (B) has just a little grey area....don't you think?

Just like NFA laws...I'd prefer not to be a test case

Single edge auto it shall be for me.

Correct, and there is case law (That I can't recall at this late hour, I'll look it up sometime and edit it in) to the effect of 1" or more of a sharpened second edge is considered a dagger.

I would love to own a nice D/A OTF auto, but I'm not going to invest the kind of $$ they command if I can't carry it. I have a CHL, but unlike some other states, this doesn't exempt holders from other aspects of weapons laws, just handguns.

 

[OhShoot]

I haven't kept up ... so all the various proposed Texas knife liberalization legislation this session failed except for state preemption?

- OS

 

[amflud]

The preemption bill passed. That's a pretty big deal.

 

[OhShoot]

The preemption bill passed. That's a pretty big deal.

Yeah, thanks, realized that had, and was editing my post as you replied.

Indeed, that is important. That was our first step here, and then the next year we essentially repealed all knife related laws except carry on school grounds. Can now carry any type or any length.

Almost all due to KnifeRights.org, btw.

- OS

 

[John_0917]

I haven't kept up ... so all the various proposed Texas knife liberalization legislation this session failed except for state preemption?

- OS

Preemption passed but the other failed to get a vote before the full Senate. Passing the preemption was a good thing, but not that big of a deal, it means nothing to the vast majority of Texans since only a few localities actually have local knife laws and even fewer enforce them. San Antonio and Corpus Christi are the major ones that now have anachronistic local restrictions.

 

[zzyzzogeton]

Preemption passed but the other failed to get a vote before the full Senate. Passing the preemption was a good thing, but not that big of a deal, it means nothing to the vast majority of Texans since only a few localities actually have local knife laws and even fewer enforce them. San Antonio and Corpus Christi are the major ones that now have anachronistic local restrictions.

But at least those will go away come 01 September and no one else will be able to add wacky pieces to the puzzle. Just have to wait til next session for the elimination of the "Illegal Knife" law and hope some politician doesn't get a burr under his/her saddle when it comes up.