texas laws?

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blade_lover228

Joined
Jul 11, 2008
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i might be taking a trip to texas soon and i wondered if i might have to change my EDC selection while i am down there. any help is greatly appreciated. thanks all

JLee
 
Well, according to a recent Texas Supreme Court ruling, it's illegal to carry auto/assisted openers as they are now considered switchblades and as such illegal. Also, you may not carry any knife on your person with a blade length greater than 5.5" (unless "traveling", which is a gray area, or hunting or fishing). Also, double-edged blades (ie dirks, daggers) are illegal to carry here.
 
chuckschilling said:
Well, according to a recent Texas Supreme Court ruling, it's illegal to carry auto/assisted openers as they are now considered switchblades and as such illegal.
Click to expand...

Hmmm. Good to know if true. My wife has a Kershaw Blur, I believe, which its an assisted opener.

Also, I seem to remember there being a prohibition on carrying a "Bowie", although the statute I read declined to define what they thought a "Bowie" might be. :jerkit:

Andy
 
Hmmm, wonder if that includes folding Bowies? I have two with blades longer than 5.0 inches. Glad to see there limit is 5.5 inches. That is a real reasonable length limit IMHO.

SEE YA!
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Andrew Colglazier said:
Hmmm. Good to know if true. My wife has a Kershaw Blur, I believe, which its an assisted opener.

Also, I seem to remember there being a prohibition on carrying a "Bowie", although the statute I read declined to define what they thought a "Bowie" might be. :jerkit:



Andy
Click to expand...

Andy...the AO bit is true. I couldn't find the link, but it's on BFC's knife law sub-firum...
 
The prohibited weapons laws in Texas are confusing (as well as ambiguous) and many police officers don't know all the laws. For example, it's legal to purchase a switchblade, but not legal to carry a switchblade.:confused: Hell, my brother in law is a cop with 15 years on the force and he isn't real clear on Texas knife laws.

Generally, they don't hassle law abiding citizens, but occasionally, you'll find an officer who will charge an individual with carrying a prohibited weapon and let the courts sort it out - which can end up costing a tidy sum in legal fees. My advice - If you think it might be illegal, leave it home.
 
Here's the definition. I was a cop for 12 years and alot of cops don't know the laws. As long as it's not over 5.5" single edge and no double edge then you are good to go.
"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. ​

chuckschilling,
Do you have a link or case for the TX Supreme Ct. ruling? I'm doing a search but can't find it.
 
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a1b2c3 said:
Here's the definition. I was a cop for 12 years and alot of cops don't know the laws. As long as it's not over 5.5" single edge and no double edge then you are good to go.
"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. ​

chuckschilling,
Do you have a link or case for the TX Supreme Ct. ruling? I'm doing a search but can't find it.
Click to expand...


I dont have a link to the decision but their is an article on it in the August 2008 edition of Blade Magazine.
Here is a link to the forum dicussion of the decision. http://www.bladeforums.com/forums/showthread.php?t=559981
 
It wasn't the Texas Supreme Court, it was just an appeals court. There have been lots of rulings in Texas saying AO knives are legal, and that latest ruling has lots of problems with it; there were no actual experts who testified, and the knife manufacturer was never notified and allowed to present it's side of the case. Basically, the defense screwed up...bad. I don't think that ruling will stand.
 
What is the 'definitive' answer on this? Basically, can I pack my SOG Blink or no?
 
i woulld say if a SOG blink is a AO, the answer would be "no", not without risking a chance of problems anyway, though thru going to trial or appeal ya might would be ok, i have no desire myself to spend the time and $$ to be the "winner" but YMMV.

glad i saw this i rarely if ever carry AO knives but some of my buds do, i'll spread the word.
 
a1b2c3 said:
Here's the definition. I was a cop for 12 years and alot of cops don't know the laws. As long as it's not over 5.5" single edge and no double edge then you are good to go.
"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. ​

chuckschilling,
Do you have a link or case for the TX Supreme Ct. ruling? I'm doing a search but can't find it.
Click to expand...


gravity knife and switchblade should also be on this list FWIW.

any double edge is illegal too IIRC, they might use the definition for dagger for that though.
 
dougo83 said:
What is the 'definitive' answer on this? Basically, can I pack my SOG Blink or no?
Click to expand...

My wife also has a Blink, nice little knife.

Normally I wouldn't turn my head at this kind of thing. I would be very surprised if anyone ever had to face prosecution merely because of the possession of a prohibited knife, unless the violation was coupled with some other kind of criminal activity.

My wife and I both have CHLs, though, and carry religiously. If any kind of a problem were to occur, I would rather not have to mount legal defenses because of a questionable or illegal knife at the same time. If I ever had to use an illegal knife to defend myself, I'd rather not win on the defense, but loose on the possession.

Andy
 
AO are not Illegal otherwise every Walmart - Academy- Cabelas and Bass Pro wouldnt sell them. I carry my ZT 302 every day and love it. If they were Illegal all of these companies would face Prosecution for selling them.
 
Well, than let's just say that their status is legally "questionable", rather than "illegal".

I'd love to get a ZT 302!

Andy
 
sanddragger28 said:
AO are not Illegal otherwise every Walmart - Academy- Cabelas and Bass Pro wouldnt sell them. I carry my ZT 302 every day and love it. If they were Illegal all of these companies would face Prosecution for selling them.
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All of these places carry knives that have over 5.5" blades and even some that are double-edged. So...yea...not a true statement of very safe assumption. Sporting goods stores are not legal weather vanes.

PeACE
Dougo
 
5.5" inch plus blades are perfectly legal for camping, hunting, and other outdoor "sports". That's why sporting goods stores sell them.
 
joe-bob said:
5.5" inch plus blades are perfectly legal for camping, hunting, and other outdoor "sports". That's why sporting goods stores sell them.
Click to expand...

I know...I was merely stating that using such 'logic' was not correct. Actually, I just checked a few hours ago, you can buy a Ken Onion at the Wal-Mart near me. This further invalidates the statement.
 
what is the EXACT definition of a "Bowie knife" as per Texas law?
I couldn't find it in the Texas penal code :mad:

§ 46.01. DEFINITIONS. In this chapter:
(1) "Club" means an instrument that is specially
designed, made, or adapted for the purpose of inflicting serious
bodily injury or death by striking a person with the instrument, and
includes but is not limited to the following:
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk.
(2) "Explosive weapon" means any explosive or
incendiary bomb, grenade, rocket, or mine, that is designed, made,
or adapted for the purpose of inflicting serious bodily injury,
death, or substantial property damage, or for the principal purpose
of causing such a loud report as to cause undue public alarm or
terror, and includes a device designed, made, or adapted for
delivery or shooting an explosive weapon.
(3) "Firearm" means any device designed, made, or
adapted to expel a projectile through a barrel by using the energy
generated by an explosion or burning substance or any device
readily convertible to that use. Firearm does not include a firearm
that may have, as an integral part, a folding knife blade or other
characteristics of weapons made illegal by this chapter and that
is:
(A) an antique or curio firearm manufactured
before 1899; or
(B) a replica of an antique or curio firearm
manufactured before 1899, but only if the replica does not use rim
fire or center fire ammunition.
(4) "Firearm silencer" means any device designed,
made, or adapted to muffle the report of a firearm.
(5) "Handgun" means any firearm that is designed,
made, or adapted to be fired with one hand.
(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.
Click to expand...
 
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