texas laws?

[Andrew Colglazier]

what is the EXACT definition of a "Bowie knife" as per Texas law?
I couldn't find it in the Texas penal code

That's the problem, there isn't an exact definition. I own one "bowie knife", a "baby bowie" by Ray Laconico. It's one example of one of a dozen or more general styles that can be called a bowie.

The law requires clear definitions. A vague law, too nebulous to be easily understood by a reasonable mind, will not usually stand up in court.

Andy

 

[dougo83]

That's the problem, there isn't an exact definition. I own one "bowie knife", a "baby bowie" by Ray Laconico. It's one example of one of a dozen or more general styles that can be called a bowie.

The law requires clear definitions. A vague law, too nebulous to be easily understood by a reasonable mind, will not usually stand up in court.

Andy

I think Bowie's are probably just lumped in as 'knives over 5.5"' That seems to be the standard for determining legal carry in everyday matters.

 

[Rex G]

If a Bowie is seen as a chopper, then any real Bowie will exceed the 5.5" blade length, and be illegal to carry under most circumstances, anyway.

San Antonio has a city ordinance prohibiting knives with blades that lock in the open position, with a blade length less the 5.5". (That keeps the ordinance from conflicting with the state law against blades over 5.5".) Please do notice that this prohibits MOST folders currently on the market, except slipjoints.

I would avoid ALL assisted-opening folding knives in Texas until there is a really definitive answer from the highest appeals court in the state, and preferably, also, a clear definition in the penal code. Well, actually, being a peace officer, I can carry virtually any weapon legally, but I am meaning from a hypothetical viewpoint, as if I were a private citizen, and someday, of course, I will be.

I don't like AO knives, anyway. It's a selling point for some, and a way for knifemakers to display their artfulness, but I want to feel the lock engage as I thumb a blade open, or else carry a fixed blade. Texas law is fixed-blade-friendly.

As for retail stores selling AO knives and Bowies, well, wake up and READ the law. One can possess certain things in one's home or business that cannot be carried in public.

 

[talonfang]

I went looking for the AO ruling but couldnt find it. It looked like the Bureau of Border Security and Customs with a switchblade definition like Texas ruled that AO's were not switchblades in Opinion HQ116315.
Which was interesting but might not be revelant.

I came away with the impression that if I get hopped up on drugs and stick a soccer mom 4 or 5 times with my Kershaw its gonna be a switchblade. And if I just use it to open boxes and such its not going to be a problem.

However my goal is to allow CHL holders to carry auto knives. It is just too stupid to arrest me for a spring loaded knife when I'm carrying a .45.

 

[Ron53]

The "Bowie" question, in my understanding, is this: blade over 5.5", double guard, with or without a sharpened false edge. But here's the kicker: if you are engaged in outdoor sports, or in reenacting, carrying a Bowie is legal in Texas! The 5.5" rule is for general carry in public...to exclude places selling alcoholic beverages as their primary means of income, or on school grounds.

Just my $0/02 worth!

Ron

 

[joe-bob]

The 5.5" rule is for general carry in public...to exclude places selling alcoholic beverages as their primary means of income, or on school grounds.

Actually, the law doesn't say that at all. It says illegal knives are prohibited in schools. And this section comes right after the definitions of illegal knives.

 

[Andrew Colglazier]

Actually, the law doesn't say that at all. It says illegal knives are prohibited in schools. And this section comes right after the definitions of illegal knives.

That's correct... the reference to alcohol regs and schools would seem to be a part of the CHL law, not knife regs.

Andy

 

[p_mcmanis]

Well, actually, being a peace officer, I can carry virtually any weapon legally, but I am meaning from a hypothetical viewpoint, as if I were a private citizen, and someday, of course, I will be.

out of curiosity, and since you are a police officer from texas, I understand that there is an exception to the law in texas (and also my new home state of tn) that allows possesion of switchblade knives as a "curios" (which I understand to mean a collectible). what would I have to do to convince YOU personally that an automatic knife I had in a drawer in my house was an item I simply had for collection purposes?

and lets assume you arent executing a search warrant but you see it as I have to get a pen to write down something in a normal, no threat situation.

btw the specific thing Im refferring to is this:

~ (d) It is an affirmative defense to prosecution under this section that the actor's conduct:
~ ~ (1) was incidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an
antique or curio

 

[joe-bob]

There is a statement in there that says it doesn't apply on your own property.