Texas knife laws

Joined
Jan 9, 2013
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I always thought the Texas law for blade length was anything under 5 1/2" in length was legal to carry then some people today were trying to tell me it's 3" and that they knew someone that was fined for having a knife over 3" in their truck so what is the actual law?
 
I lived in Texas for a couple years and am familiar with the law there, although I am not a lawyer and this is not legal advice. But you are correct that the state law is 5.5". However, there are also local ordinances and some may be as short as 3". If your friend was in a town or city with such an ordinance, he could still be fined; Texas doesn't have preemption. Also, certain types of knives such as switchblades, bowie knives, double edged knives, and throwing knives are illegal to carry - perhaps he was fined for carrying one of those and not due to blade length?

Here's the Texas state law:

http://knife-expert.com/tx.txt
 
The sub 5.5" city ordinances, to my knowledge are ::

San Antonio - No lock-blades UNDER 5.5 inches allowed. Since Texas law makes ANY blade OVER 5.5 inches long, the ordinance effectively makes all locking blade knives illegal in SA.

Dallas - 4.5 inch maximum, last I heard in 2012, any type of blade.

Corpus Christi - 3 inches max. Edit - 3 inch limit is for folders. per post further down, ALL fixed blades, regardless of length, are prohibited in Corpus.

I once saw the name of a 4th town that I had never heard of and can't remember as having a length limit less than 5.5 inches.

Back in 2009, the AKTI (American Knife and Tool Institute) worked on auto-knife vs switchblade legislation...

Governor Perry signed AKTI introduced legislation Texas HB 4456 on Thursday, June 18, 2009. It was law effective September 1, 2009.

AKTI extends heartfelt thanks to….
Senator Deuell and Representative Driver for their support by introducing bills in the Texas Senate (TX S 2411) and House of Representatives (HB 4456). The Texas legislature unanimously supported AKTI’s effort to clarify Texas knife statutes and assure that law-abiding individuals were not wrongly accused of possessing switchblades. AKTI’s advocacy representative did an outstanding job of spearheading the efforts from initiation to signing.


Currently, in the 2013 legislature, there are 3 knife related bills working their way through the system. HB936 and HB1299.

From the Texas Knife Rights on blogspot:::

HB936 by Rep. Harold Dutton would decriminalize the possession, manufacture, transfer, repair, or sale of switchblade knives in Texas by amending Sections 46.05 (a)(d)(e) of the Penal Code. At the same time, it would reaffirm that switchblade knives could not be brought into the very same areas defined as "no go" areas for CHL holders with weapons.

and

HB1299 by Rep. Jonathan Stickland is a pre-emption law; it would forbid cities, towns, and Counties from writing anti-knife laws more restrictive than State of Texas knife laws. Again, this normalizes knife laws, and makes them more like gun laws in Texas. For example, Travis County does not get to ban AR-15s, though I'm sure some of the denizens there would like to.

HB1862 First reference I've seen is below...

I heard last week that HB936 was stalled in committee and may not survive. HB1299 had a committee hearing Mar 13 - haven't seen any reports on status changes.

From kniferights.org --
March 15, 2013: Knife Rights Director of Legislative Affairs Todd Rathner lobbied and testified in support of House Bill HB1299 this week in Austin, Texas. HB1299, sponsored by Representative Jonathan Stickland, would enact Knife Law Preemption in Texas. Write or Call the committee members today and urge them to recommend passage of HB1299. Click here for links to the Committee members.

While in Austin, Todd also worked on HB1862, which would repeal the irrational and antiquated Texas ban on switchblades. HB1862 is sponsored by Rep. Harold V. Dutton, Jr., who Chairs the Urban Affairs Committee that heard HB1299. That bill has been assigned to the Criminal Jurisprudence Committee, but has not yet been calendared for a hearing. You can help by Writing or Calling Criminal Jurisprudence Committee Chairman Rep. Abel Herrero and ask him to schedule a hearing on HB1862.

When you write or call, just keep it short and simple, as noted above.


That's the latest on "Modifications in progress" to Texas knife laws. If these gothrough, maybe next session we can work on getting rid of the "dirk, dagger, pognaird or bowie knife" reconstruction era prohibitions.
 
Last edited:
HB 1862, pertaining to switchblades was scheduled for discussion on Tues, 09 Apr 2013. No news on results.

HBs 1298 and 1299 are still in a pending status.
 
The San Antonio law is not, in my experience, tightly enforced. I carry a 3.5 or 4 inch bladed folder to school, no one gives me a second glance. Be careful to avoid trouble though. I believe it is possible to carry a sub-5.5 in fixed blade concealed in SA, am I correct?
 
My understanding is that an otherwise legal fixed blade is kosher in SA. I carry a Spyderco Kumo when I visit there.
 
The San Antonio law is not, in my experience, tightly enforced. I carry a 3.5 or 4 inch bladed folder to school, no one gives me a second glance. Be careful to avoid trouble though. I believe it is possible to carry a sub-5.5 in fixed blade concealed in SA, am I correct?

The danger is that laws that are not generally enforced become laws that are only enforced if it's your lucky (NOT) day, and/or if a new law enforcement leader or prosecutor decides to make it their issue. All it takes is a LEO who is having a bad day and you being in the wrong place at the wrong time. We have seen both issues arise numerous times. YMMV
 
Oooopppss :eek: - I thought the 3 inch limit was for lock backs only in CC. That means I've been illegal every time I've been there since that got passed.

Which brings up the query.... how is someone who doesn't lurk about these hallowed halls of wisdom know these things? Even we who do, don't know everything.

At least I don't remember :D seeing any signs on the outskirts of CC / SA / Big D saying "check your knives at the city limits signs".

If we don't get it this session, we really need to see about getting a preemption law passed before we go the way of the damnyankees in NY, MA and NJ.

ZZZ
 
The 3" limit is for folding knives. There is a ban on carrying of any fixed blade.

Edit: Here is the full code:

Sec. 33-73. - Dangerous weapons—Carrying prohibited generally.permanent link to this piece of content

It shall be unlawful for any person to carry on or about his person in any public place any one or more of the following: Straight razor, unpackaged safety razor blade, any knife having a blade measuring from the handle of three (3) inches or more in length, any knife that will not shut, any knife that will open and lock open by the press of a button, ice pick, chain six (6) inches or more in length, bowie knife, gun, pistol, revolver, dirk, dagger, spear, nightstick, machete, blackjack, pipe stick, hand sickle, stiletto, knuckles, swordcase made of any metal or any hard substance, or any dangerous weapon.
 
Legislative update

HB 1862 - switchblade ban repeal

H Comte report filed with Committee Coordinator 04/19/2013
H Reported favorably w/o amendment(s) 04/16/2013
H Considered in public hearing 04/16/2013
 
Update -

HB 1862 - Relating to the criminal consequences of engaging in certain conduct with respect to a switchblade knife. (Zzyzzogeton - repeal of SB ban)
Status: Out of committee
Vote: Ayes=8 Nays=0 Present Not Voting=0 Absent=1
H Committee report sent to Calendars 04/22/2013
H Committee report distributed 04/21/2013

HB 1299 -Relating to municipal regulation of electric stun guns, knives, and personal defense sprays (Zzyzzogeton - The Pre-emption bill)
Status: In committee
Vote: Ayes=4 Nays=3 Present Not Voting=0 Absent=0
H Reported favorably w/o amendment(s) 04/24/2013
H Considered in public hearing 04/24/2013
 
Posted last week: http://www.bladeforums.com/forums/s...-Get-Full-House-Vote!?p=12122810#post12122810

Update -

HB 1862 - Relating to the criminal consequences of engaging in certain conduct with respect to a switchblade knife. (Zzyzzogeton - repeal of SB ban)
Status: Out of committee
Vote: Ayes=8 Nays=0 Present Not Voting=0 Absent=1
H Committee report sent to Calendars 04/22/2013
H Committee report distributed 04/21/2013

HB 1299 -Relating to municipal regulation of electric stun guns, knives, and personal defense sprays (Zzyzzogeton - The Pre-emption bill)
Status: In committee
Vote: Ayes=4 Nays=3 Present Not Voting=0 Absent=0
H Reported favorably w/o amendment(s) 04/24/2013
H Considered in public hearing 04/24/2013
 
So... if I take a trip down to San Antonio (from Austin), then it looks likes like I HAVE to carry a locking knife with a blade EXACTLY 5.5 inches long, right??!!! That would be legal! As you stated,
UNDER 5.5" is illegal ( in San Antonio), and OVER 5.5" is illegal (in Texas).... so that would make EXACTLY 5.5" JUST RIGHT!... :-) :-) :-) lol... HA! Nothing they could do!
I'm so confused....
 
IMO they will not hassle you for any knife regs unless they have already charged you with other violations. I have always taken the side that says only break one law at a time, its much safer.
 
So... if I take a trip down to San Antonio (from Austin), then it looks likes like I HAVE to carry a locking knife with a blade EXACTLY 5.5 inches long, right??!!! That would be legal! As you stated,
UNDER 5.5" is illegal ( in San Antonio), and OVER 5.5" is illegal (in Texas).... so that would make EXACTLY 5.5" JUST RIGHT!... :-) :-) :-) lol... HA! Nothing they could do!
I'm so confused....

And whose ruler would you use to get EXACTLY 5.5"? Wouldn't happen. The ordinance was passed by local politicians who wanted to look like they were getting tough on "gang activity" back in 1995/6. In general, as long as you (or someone you are with) don't act like a mall ninja/gang banger, OR get in trouble for some other violation, you PROBABLY won't get hassled. If worried about San Antonio, carry a state legal slip joint folder or fixed blade. Anything 5.5" or less and single edged would be fine.
 
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