Our understanding is that TX has a blanket ban on the carry of "blades of 5.5" or greater". Which is why the Sifu measures 5.45".
Now, let's clarify that. There's three ways to measure a folder's blade:
1) Cutting edge length. Probably the second most common.
2) "Stabbing penetration depth", the most common and plausibly the most "fair". We generally assume that the thumbstud "doesn't count" as being able to halt the stab, so with the blade open we measure from where the G10 (or Carbon Fiber) stops and the exposed blade metal starts. From there to the tip should be just under 5.5" on your Sifu (like all the rest).
3) "Blade length with the knife disassembled": every once in a while some idiot of a cop or DA comes up with the novel idea of counting the pivot metal that never clears the grip as part of the "blade", which would give the Sifu a "blade length" of nearly 6.5". This is clearly BS in any case, but in TX it's even more clear: because the 5.5" stated maximum applied equally for folders and fixed blades, applying a "one inch penalty" to all folders is not only ridiculous, it clearly puts the cops in the area of "creating law", which is illegal throughout the US.
Now, the next question is "if you have a legal knife, must you open-carry it, or can it be concealed"?
I found the following link of interest:
http://capitol.tlc.state.tx.us/statutes/codes/PE000031.html
First critical reference:
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"(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, stilletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear."
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Good, because if they "cut your Sifu long" and it's right at 5.5", you're still OK.
The Sifu doesn't meet the definition of "Bowie Knife", and I sorta doubt any sub-5.5" knife could? Well, maybe if it was half-double-edged.
"Dagger" shouldn't be a problem either but to make sure, don't sharpen any of the false edge, not even the last .5" near the tip that vanishes into the grip on closing and *could* as a practical matter be sharpened.
This is interesting:
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(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.
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Per this, a distinction is being made between "knife" and "illegal knife", I guess implying that there's such critter as a "legal knife". The Sifu is most definately a "knife", but sure as hell doesn't appear to meet any definition of "illegal knife", at least not in the factory single-edge condition.
Later, we get to:
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"Sec. 46.02. Unlawful Carrying Weapons.
(a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club."
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No problem so far. If the Sifu isn't an "illegal knife", then there's no offense in carrying it about your person.
Best of all, I cannot find ANY references to anything illegal to do with a "knife" alone as per "7" above. There are illegal places you can go with an "illegal knife" that will net you a bust, you can't give an "illegal knife" to a minor, but there's no illegality whatsoever connecting with carrying a "plain 'ol non-illegal knife", which the Sifu appears to be.
There's just one possible gotcha:
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(11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that:
(A) opens automatically by pressure applied to a button or other device located on the handle; or
(B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.
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So is the Sifu a switchblade?
If it is:
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Sec. 46.05. Prohibited Weapons.
(a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
...
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So if it's a switchblade, you're screwed.
Is it? I *doubt* it - no springs, for starters, and the thumbstuds are a clear indication it was intended for manual opening.
But it CAN be "flicked" open via centrifugal force. So can most linerlocks such as the Spyderco Military or whatever. And the fact that it's 5.45" instead of 4" isn't explicitly any sort of problem under TX law so if they're gonna declare the Sifu illegal, there's a LOT of "accidental felons" running around Texas. Hundreds of thousands.
Upshot: it appears that the Sifu is legal for concealed or open carry in TX, your choice. A particularly nasty cop or DA might try and rope it in under the switchblade rules but I doubt they'll succeed. A real lawyer (WHICH I'M NOT) will be able to do a case law search on just what is or is not a switchblade.
What we have NOT talked about here is school carry (K-12 and University may be different) or rules local to a particular town that may be more strict. I have no idea if stricter local ordinances are allowed under TX law or common if they are.
Last point: a "new laws" page I came across has implications for costume sword or large knife carry, such as a SASS event, SCA meet or whatever:
http://www.thebluesnews.com/New%20Laws.htm
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§46.15. NONAPPLICABILITY
The provisions of §46.02 relating to carrying an illegal knife do not apply to a person carrying a bowie knife or sword used in a historical demonstration or a ceremony in which the knife or sword is significant to the performance of the ceremony.
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Hope this helps some...
Jim March
Equal Rights for CCW Home Page
http://www.ninehundred.com/~equalccw
My Calif-oriented knife page:
http://www.ninehundred.com/~equalccw/blades.html
[This message has been edited by Jim March (edited 07-20-2000).]
