Texas Knife Laws

joe-bob said:
Switchblades are legal to own in Texas. So are balisongs. So are Bowie knives. The laws only apply once you leave your own property.
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This is correct. In addition to what joe-bob said, there are additional protections for knife collectors possessing knives in their homes by way of the curio law, and in the transportation of such curios under certain circumstances. Texas is one of the states with a curio law. The curio law (only applicable in certain states) allows for the possession of certain items as curios. The curio law also protects the transportation of curio items from one location to another under certain conditions. Basically you need to be able to demonstrate that the knife in question is being collected (as in a collectible, part of a collecting activity) or, in the case of possessing such items outside the home, that the purpose of the item being transported is as a curio (collectible) to or from a collection. I'm not an expert on the curio law, so others can post more about it or quote the law if you find it.
 
Luis G. said:
This is not correct actually. Having a concealed carry license DOES NOT exempt you from knife laws. Period. This has been discussed in firearm forums, and some instructors for obtaining the license have already stated it does NOT grant you permit to carry any illegal knife.
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Well "firearm forums" can discuss it as much as they want. Fact is, it is written in the penal code. Half the instructors I have come across hadnt ever read the non applicability chapter. ever.
The way it is written, it does exempt you from 46.02, which outlines the carrying of an illegal knife. Not a switch blade, but an illegal knife.

batosai117 said:
I was thinking of juveniles when I wrote that. In my county we have two main issues: Highway Interdiction and Juveniles selling the crap on the streets. Gangs use juveniles to do the dirty work because if caught they get lesser punishments than adults and it is a PITA to do the paperwork and wait for a JPO to make our location when dealing with juveniles. So I should have added in that I meant that line for underage individuals walking around in crime central that I'm familiar with so any weapons removed and held for an adult to pick up at a later time.
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In that case you are right. Whole 'nother story when it comes to juveniles and weapons.
 
Luis G. said:
This is not correct actually. Having a concealed carry license DOES NOT exempt you from knife laws. Period. This has been discussed in firearm forums, and some instructors for obtaining the license have already stated it does NOT grant you permit to carry any illegal knife.
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Balislinger said:
This is correct. In addition to what joe-bob said, there are additional protections for knife collectors possessing knives in their homes by way of the curio law, and in the transportation of such curios under certain circumstances. Texas is one of the states with a curio law. The curio law (only applicable in certain states) allows for the possession of certain items as curios. The curio law also protects the transportation of curio items from one location to another under certain conditions. Basically you need to be able to demonstrate that the knife in question is being collected (as in a collectible, part of a collecting activity) or, in the case of possessing such items outside the home, that the purpose of the item being transported is as a curio (collectible) to or from a collection. I'm not an expert on the curio law, so others can post more about it or quote the law if you find it.
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while there are 'protections' for so called "curios" and what not, it is still just a defense to prosecution. If you are caught with one, and the officer or whoever decides to bust you, you better have some proof that you are just a collector.
 
Buckles said:
Well "firearm forums" can discuss it as much as they want. Fact is, it is written in the penal code. Half the instructors I have come across hadnt ever read the non applicability chapter. ever.
The way it is written, it does exempt you from 46.02, which outlines the carrying of an illegal knife. Not a switch blade, but an illegal knife.
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Apologies but it has been stated by LEO and Instructors, and probably lawyers that 46.02 exemption is more related to firearms NOT illegal knives.
Secondly even if you were to have your knife confiscated, which has happened. Charges on you would be dropped, but your knife would remain confiscated. Let's not forget if you are arrested there is risk for loosing your license.
 
Luis G. said:
Apologies but it has been stated by LEO and Instructors, and probably lawyers that 46.02 exemption is more related to firearms NOT illegal knives.
Secondly even if you were to have your knife confiscated, which has happened. Charges on you would be dropped, but your knife would remain confiscated. Let's not forget if you are arrested there is risk for loosing your license.
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I dont understand your statement.
If charges are dropped, your knife will remain confiscated? that makes absolutely no sense. If there is no crime, then there is no reason for them to keep your knife.
You say that is has been stated by LEO and instructors, but neither of them make the laws. There are many LEOs out there that know nothing of the knife laws.
And im not sure how you can say 46.02 is more related to one thing over the other. It does not state that anywhere in the code.
 
Buckles said:
Well "firearm forums" can discuss it as much as they want. Fact is, it is written in the penal code. Half the instructors I have come across hadnt ever read the non applicability chapter. ever.
The way it is written, it does exempt you from 46.02, which outlines the carrying of an illegal knife. Not a switch blade, but an illegal knife.


Buckles is correct here. As a Texas CHL holder, I can carry a "illegal knife" with my license and handgun, but a "switchblade" falls under the description of a "prohibited weapon". Yes, it is stupid that I can carry a .45 ACP pistol, but not an automatic knife. Thank the feds. I doubt I would have any problem w most LEOs, as I'm 48 and know better than to behave like a fool. A dishonest cop may take your auto just because he can, and in that case your SOL. I do tend to leave the autos at home anyway, with the exception of the occasional dual action w concealed button.
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It all depends on how you act. If I have reason to interact with you and you are decent, that's how you will get treated. Most of the suspects we stop are not decent. They will act the fool and get arrested for what ever crime that drew our attention. Most suspects around here if they do have a knife, it's usually a pos. If you do not attract attention acting like a fool, you can probably carry a bazooka and we won't mess with you. As for me personally I carry a Spyderco Civilan, Crawford push dagger and a Case swinguard on me at all times and also have access to a SIG P226/357 SIG, SIG 229, M4 and and 870. Be Sane, Be Normal, Don't attract attention.
 
Luis G. said:
I am not sure about switchblades, is that not federal law that supersedes state law?
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OhShoot said:
No federal law proscribes switchblade ownership.

- OS
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Exactly. Luis, important to distinguish between terms such as ownership, possession, sale, carry, use, shipping, etc. Laws may apply to some categories and not to others
 
I think its probable that the federal statutes may have influenced the state legislature when they modified the law to delineate a "spring assist" from a "switchblade". Doesn't seem logical to split hairs on the two types otherwise, since the perceived threat of deployment speed is similar with either. Then again, it seems rare that lawmakers allow logic or common sense to interfere with their process.
 
I have been wanting to store my Cold Steel Carbon V in the car in an emergency bag.

All the specs I have ever read reflect that technically it is a 6" blade.

However, in measuring it, the sharpened edge of the blade is exactly 5.5",....

Cutting it very close, but technically it seems legal unless I am missing something

I am still nervous about having it outside of the house except when camping....
 
KaiserSosa said:
I have been wanting to store my Cold Steel Carbon V in the car in an emergency bag.

All the specs I have ever read reflect that technically it is a 6" blade.

However, in measuring it, the sharpened edge of the blade is exactly 5.5",....

Cutting it very close, but technically it seems legal unless I am missing something

I am still nervous about having it outside of the house except when camping....
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The blade measurement is not set in stone, however to be safe measure it from the starting of the handle to the tip. Chances are it will be up to the cops discretion how to measure the knife.
 
KaiserSosa said:
I have been wanting to store my Cold Steel Carbon V in the car in an emergency bag.

All the specs I have ever read reflect that technically it is a 6" blade.

However, in measuring it, the sharpened edge of the blade is exactly 5.5",....

Cutting it very close, but technically it seems legal unless I am missing something

I am still nervous about having it outside of the house except when camping....
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blade length does not matter if its just being stored in the car. Just dont carry it on your person.
 
I know this is an old thread but id like to add what iv seen in Houston. For the most part, everyone seems to be carrying a knife of some sort in Houston. I see people with quality knives all the time. Theyre sold in every freakin store around here. I bust out big blades at the table in resturaunts to cut my food and nobody looks twice. Iv walked around town with my esee 4 strapped to my side where it is very visible with no problems. Iv also carried it into bars with no problems. Im 26 and could probably be mistaken as a trouble maker since i have a shaved head and goatee. Its all about how you carry yourself. I break out my blades in the mall to clean my fingernails while waiting on my girlfriend and have never had a problem.

Now i have a question. If im carrying a legal knife that i use in selft defense againt another person, what would be the outcome. Obviously it becomes a weapon but it considered being used illegally if its self defense?
 
My friend here in Ohio was just arrested in Dallas for the two handguns, three magazines, eight knives and a handsaw. I want to fight for his rights. Where would I begin?
 
simplespeed, the determination of justified self-defense is based on the totality of the situation, not simply the weapon used. If the use of deadly force is justified, then using a knife is justified. That's the main thing to remember: Knives are deadly force. If your attacker is unarmed and does not constitute a real threat to you life or the lives of another person, do not use a knife.

white_feather, you begin by hiring him a lawyer in Dallas. That is all. There is nothing anyone on this forum can tell you that will be all that helpful considering the very tiny amount of information about the case you posted.
 
Luis G. said:
The blade measurement is not set in stone, however to be safe measure it from the starting of the handle to the tip. Chances are it will be up to the cops discretion how to measure the knife.
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Texas case law I have read states that the blade will be measured from the handle, not the sharpened edge.
 
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