Texas Legal Info

[matt0]

I EDC a CRKT MyTighe 1091K. I have carried it since the day I got it (about 6months ago) and have never had any problems with it. Today I was in line at a grocery store and there was a cop in line behind me. He noticed the kniofe clipped in my back pocket next to my wallet and asked to see it. I showed it to him and he seemed VERY interested in it. He later went on to discuss that is an illegal knife to carry but wouldn't do anything about it as long as I stopped carrying it.

The thing is, I know it is NOT illegal. Blade is less than 5.5". It is single edged. Everything about it complies with the state laws. I purchased it at House Of Blades (I'm sure some of you have heard of it) and they assured me several times that it is in fact legal to carry.

What I need your help with is finding a copy of State Laws that I can print out and keep in my wallet in case any grumpy Officers try and confiscate it from me. I have googled several different phrases and all I'm finding are referrences to the laws and explanations. What I'm looking for is the word fo word regulation straight out of the penal code. I want something that an Officer can't fight with. If I print out a thread from this site which simply lists the laws, I doubt an Officer would really believe it. I guess you could say, I'm looking for something admissable in a court of law.

THANK YOU for any help you may have to offer

 

[joe-bob]

Just google it...and no, asisted opening knives are not illegal.....yet.

 

[TOM1960]

I EDC a CRKT MyTighe 1091K. I have carried it since the day I got it (about 6months ago) and have never had any problems with it. Today I was in line at a grocery store and there was a cop in line behind me. He noticed the kniofe clipped in my back pocket next to my wallet and asked to see it. I showed it to him and he seemed VERY interested in it. He later went on to discuss that is an illegal knife to carry but wouldn't do anything about it as long as I stopped carrying it.

The thing is, I know it is NOT illegal. Blade is less than 5.5". It is single edged. Everything about it complies with the state laws. I purchased it at House Of Blades (I'm sure some of you have heard of it) and they assured me several times that it is in fact legal to carry.

What I need your help with is finding a copy of State Laws that I can print out and keep in my wallet in case any grumpy Officers try and confiscate it from me. I have googled several different phrases and all I'm finding are referrences to the laws and explanations. What I'm looking for is the word fo word regulation straight out of the penal code. I want something that an Officer can't fight with. If I print out a thread from this site which simply lists the laws, I doubt an Officer would really believe it. I guess you could say, I'm looking for something admissable in a court of law.

THANK YOU for any help you may have to offer

Wouldn't it be a lot easier to change your method of carry and keep your knife completely concealed? I removed the clip from my 4" Cold Steel "Voyager" and I carry it pivot-down in my right front trouser pocket, concealed. I live in a very anti-weapon, anti-self-defense state (Massachusetts) and I cannot see any purpose in advertising the fact that I am carrying. Some cities and towns here have local ordinances against knife carry. Some shopping malls also prohibit it on their property. State laws regarding knife ownership and carry are murky at best and I am not a lawyer. Also, remember that for every decent cop, there will be at least one dickhead-type cop who will be more than happy to use you to help meet his or her monthly arrest quota. If you carried your knife completely concealed, your little "chat" with the cop in that store never would have happened, right? Let's all use our heads and be careful out there!

 

[R.W.Clark]

Texas - Health, Safety & Morals - 46.02. Unlawful carrying
weapons. (a) A person commits an offense if intentionally,
knowingly , or recklessly carries on or about his person a
handgun, illegal knife, or club. [Exceptions: official;
actor was own premises; was traveling; engaged in lawful
hunting, fishing, or other sporting activity; security
guard].
- 46.01. Definitions. (1) "Club"... includes... (D)
Tomahawk...
(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) sword; or
(E) 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.
- 46.03. Places weapons prohibited.
(a) A person commits an offense if, with a firearm, illegal
knife, club, or prohibited weapon [includes switchblade
knives], he intentionally, knowingly, or recklessly goes:
(1) on the physical premises of a school [or school bus];
(2) on the premises of a polling place...
[(3) a court; (4) a racetrack; (5) secured area of an
airport].
- 46.05. Prohibited Weapons. (a) A person commits and offense
if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells... (5) a switchblade
knife... (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...
- 46.06. Unlawful transfer of certain weapons.
(a) A person commits an offense if he... (2)... sells...
gives... offers... to any child younger than 18 years any
firearm, or illegal knife [except with written parental
consent].

Texas Case Law:
- "A teacher could not carry weapons in his school room..."
(1889)
- Broken switchblade knife was still a "switchblade knife"
within this section... (1986)
- "Defendant's contention that he took knife to school to
fight demons that plagued him did not defeat requisite
state of mind for conviction..." (1993)

There you go. Just copy that into any WP and print it out.

If you are not breaking the law then there is no reason to change what you are doing. To do so is no differant than running from a school yard bully.

 

[SIFU1A]

I EDC a CRKT MyTighe 1091K. I have carried it since the day I got it (about 6months ago) and have never had any problems with it. Today I was in line at a grocery store and there was a cop in line behind me. He noticed the kniofe clipped in my back pocket next to my wallet and asked to see it. I showed it to him and he seemed VERY interested in it. He later went on to discuss that is an illegal knife to carry but wouldn't do anything about it as long as I stopped carrying it.

The thing is, I know it is NOT illegal. Blade is less than 5.5". It is single edged. Everything about it complies with the state laws. I purchased it at House Of Blades (I'm sure some of you have heard of it) and they assured me several times that it is in fact legal to carry.

What I need your help with is finding a copy of State Laws that I can print out and keep in my wallet in case any grumpy Officers try and confiscate it from me. I have googled several different phrases and all I'm finding are referrences to the laws and explanations. What I'm looking for is the word fo word regulation straight out of the penal code. I want something that an Officer can't fight with. If I print out a thread from this site which simply lists the laws, I doubt an Officer would really believe it. I guess you could say, I'm looking for something admissable in a court of law.

THANK YOU for any help you may have to offer

why did he say it was illegal?? is it assisted opening? seems like i heard of someone having problems with an AO knife in the dallas/ft wqorth area, i dont recall what the outcome of his trial was, IIRC he was found innocent under the current law but they were gonna change the wording to include AO's, IIRC. MAYBE, i know there was some fuss about them.

 

[Rex G]

Assisted openers in Texas? I wouldn't take the chance. A guy in Matagorda County was arrested and charged; he plead guilty. I got this straight from the mouth of the assistant D.A. who refused to accept the charge in the first place, but was ovverruled by the chief prosecutor.

Guys, and gals, fixed blades are legal in Texas, and other good folders are just as fast to deploy, so why take the chance? Assisted openers make great collectibles, and I hope Ken Onion makes much money on the royalties, but I don't believe in flirting with disaster.