Texas carry question

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shinoi

Joined
Nov 13, 2009
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In Texas law, the max length is 5.5". And that's open carried. There is no concealed carry weapon lic. only a concealed handgun.

So, what about carrying a blade longer than 5.5" concealed on your person and then you find yourself in a situation, in public, to use this longer blade in self defense. How does the law apply? It's in the open and longer than 5.5" so you are then carrying a illegal knife? This wouldn't apply in or on your property (the length law).

From a legal stand point it, then it makes sense to keep the blade length 5.5" or less no matter which situation you find yourself in when in public? Is there a way around this where one can legally have a longer blade on his person, concealed or otherwise, and use it in self defense in public?
 
Concealed or open carry is irrelevant under Penal Code 46.02. It is illegal to carry any knife with a blade 5.5 or more if one "carries on or about his or her person." Unless of course you are on your own property or in your car.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.02

If you use a knife in self-defense that is over the legal length (or prohibited by local statute) you will be prosecuted for a weapon offense. This can also potentially hurt your case for the self-defense matter if it was not very clear cut. And they seldom are, because the cops arresting you were not there when it happened; all they see is a dead body and a person with an illegal knife.

But more to the point, 5.5" is a darn big blade for anything short of a cooking knife. If you need something bigger than that, I think you need to mull over your choice of knife more. Think about the poor saps in other states who can't carry over 3 or even 2 inches.
 
Thanks for the no BS reply. I haven't looked at the Penal codes in a while, just going through memory. I was pretty certain about the length but had to ask. And agreed it would be questionable after the fact in an incident. Trying to better understand what I have to work with.
 
The only way I know of around the 5.5 inch length restriction is if you are hunting or fishing at the time.

Even at 5.5 inches, it's not a good defense strategy, because the assailant still has to get close enough to harm you (or actually already be harming you), before you can use it; even then it doesn't have any real stopping power.

You should look into the concealed handgun laws instead, and consider moving to a better neighborhood.

BTW - IIRC, Texas makes no requirement to carry open or concealed. You may do what you wish. However, there are certain places where different length restrictions, etc. apply: San Antonio, some local city parks, Federal property--like the post office, etc. Be informed and aware of your local ordinances.
 
I live in a good neighborhood, just being prepared. Otherwise, when do local ordinaces supercede state law and federal law and vice versa?
 
shinoi said:
I live in a good neighborhood, just being prepared. Otherwise, when do local ordinances supersede state law and federal law and vice versa?
Click to expand...
Start from the top and work your way down. Federal>State>County>City
Anything not mentioned by the upper level is left to the lower level to regulate or not regulate. Strictness can increase as you go down the chain, but not decrease. That's how the US federal system works.

So yes for example a city can pass a law making all knife carry illegal, even if the state does not have that law or has one that is much more lenient. The exception is "preemption," where an entity such as the state has a provision prohibiting lower jurisdictions from regulating weapons any further than the state law. Arizona passed a law like this recently, effectively invalidating all local city knife laws in the state. Texas doesn't have this yet.
 
Everything said above is correct. The state legal carry length is 5.5 inches on the blade length. Anything automatic or bali-song related are prohibited but can be owned and kept on your property. Any knife used while hunting and fishing can exceed the length but not any other time or place unless you are on your property or it's in your vehicle.

The counties and cities can shorten the alloted blade length but cannot increase it beyond the level above it: like it was posted above = Federal>State>County>City

A cities law cannot be more lenient than the county, state, or federal. You know what rolls down hill but you can't find in Texas......snow :D

Now using that knife in a self defense situation is something that is case by case. If I came to a call where someone was reported as stabbed during a 10-10 (fight in progress) I would detain all parties, have EMS en route, and try to determine who was at fault. If a decision could not be made or witnesses couldn't confirm the situation, then both parties would be arrested and the person wielding the knife would be booked for aggravated assault with a deadly weapon. I don't know you, you don't know me, so the courts will decide your fate - I just do what I have to do in order to keep the peace :o

Everything self defense is circumstantial - did the other party have a means of causing imminent bodily injury and/or death - were you in fear of your life - was it a group of people vs. you - etc...

Stay safe, J.
 
Stupid as it is...we don't have preemption re: knife laws....

It's stupid that I can't carry a locking blade in San Antonio...but it is what it is.

On the other hand, the rules for concealed handgun carry are the same all over the state. You can carry almost everywhere. You can even walk across a college campus with a concealed handgun as long as you don't go in any buildings. A firearm is a better weapon for defending yourself than a knife...etc....

I'd get a CHL, if you are able, and never look back. Then you can carry a knife that's actually useful instead of the super gutenator 2000 that looks like some Klingon torture device.

Just my opinion...and YMMV....
 
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