Various legal questions

[aggiejason]

Hey everyone-Lemme start off by saying I live in Texas. Don't know if that's gonna matter in these questions, but I thought I'd point it out.

1. If i'm carrying a Kershaw Blur clipped to my pocket, i.e. clip is visible, most of knife is not, is it considered to be concealed?

2. If i'm carrying say a Bob Dozier Arkansas Traveler in a sheath on my belt, is it considered to be concealed because it's in the sheath? or in plain sight cuz everyone knows what it is?

3. I've read in various thread on this forum that Texas has a 5.5" length limit. Does that limit apply no matter if it's clipped in my pocket or sheathed on my belt? For example....could I carry a Swamp Rat with a 10" blade sheathed on my belt?

Damn this is complicated!!!
Thanks for the help!!
J

 

[K2500]

1. If i'm carrying a Kershaw Blur clipped to my pocket, i.e. clip is visible, most of knife is not, is it considered to be concealed?

2. If i'm carrying say a Bob Dozier Arkansas Traveler in a sheath on my belt, is it considered to be concealed because it's in the sheath? or in plain sight cuz everyone knows what it is?

3. I've read in various thread on this forum that Texas has a 5.5" length limit. Does that limit apply no matter if it's clipped in my pocket or sheathed on my belt? For example....could I carry a Swamp Rat with a 10" blade sheathed on my belt?

Damn this is complicated!!!
Thanks for the help!!
J

Im in texas myself and have looked through the laws. This is not leagal advice just how i read the laws. Looks like 5.5" is the limit period. As far as #2 I think that would be up to the cop (up to 5.5"). I have not found anything about concealed weapons other than firearms, for or against. Check your city/county laws they can vary greatly.

 

[tyr_shadowblade]

Legal definition of "concealed" is typically vague and debatable, and varies from state to state. Research appellate decisions on Google for clarification. Typically, if knife is visible -- and obviously a knife, it is not "concealed."

About 15 years ago in LA, cops were busting people with sheathed folders on their belts because the opaque sheath "concealed" the blade . . . then some smartass started marketing clear plastic sheaths, and the LAPD decided to rethink their ridiculous policy.

 

[K2500]

Legal definition of "concealed" is typically vague and debatable, and varies from state to state. Research appellate decisions on Google for clarification. Typically, if knife is visible -- and obviously a knife, it is not "concealed."

About 15 years ago in LA, cops were busting people with sheathed folders on their belts because the opaque sheath "concealed" the blade . . . then some smartass started marketing clear plastic sheaths, and the LAPD decided to rethink their ridiculous policy.

That is ridiculous, sounds like they where testing the limits of the law.
What I meant though, was that there are no laws(that I've seen) restricting concealed knives in texas state law. Was that one city or state wide in LA?

 

[LynnBob]

Not a lawyer either....blah...blah...blah...

Texas does not distinguish between concealed and non-concealed. All that matters is whether or not it's an illegal knife. An illegal knife is one with a blade over 5.5 inches long. I believe you can carry longer than that for specific purposes...hunting etc... The knife can't be a gravity knife...and a few other restrictions. You can carry pretty much anywhere...as long as the knife is not an illegal one. Even the laws re: schools note that you can't bring an illegal knife onto school grounds. Legal knives are ok, it seems.

Note that there are some local differences. San Antonio (that un-American hole of a city) does not allow locking folders. I wish we could kick them out of Texas. In Amarillo...you will have trouble with assisted openers. Idiot judge. You get the picture.

Here in Houston, you can pretty much whip out anything you want (minds out of the gutter please) and not get a second look.

 

[KnifeLawGuy]

aggiejason,

The statutory blade length limit under state law in Texas is 5.5 inches, as noted by the previous posters. A knife with a blade "over five and one-half inches" is defined by statute as an "illegal knife". See, Tex. Penal Code Ann. Sec. 46.01(6) (2005). Texas criminalizes carry, whether open or concealed, of such knives, with some notable exceptions for, e.g., lawful hunting, fishing, or other sporting activities. See, id. at Sec. 46.02 (unlawful carry), Sec. 46.15 (exceptions).

Be aware that appellate courts in Texas have held that the 5.5 inch blade length limit refers to the entire blade, including any unsharpened portion, and not just to the sharpened edge. See, e.g., McMurrough v. State, 995 S.W.2d 944 (Tex. Ct. App. 1999).

You should also be aware that cities and towns may also enact their own, more restrictive, ordinances regarding knife carry. For example,

Corpus Christi – Carry in public of any straight razor, razor blade, knife having a blade measured from the handle of three inches or longer, any fix blade, switchblade, ice pick, bowie knife, dirk, dagger, spear, machete, hand sickle, or stiletto prohibited. See, CORPUS CHRISTI, TEX., CODE OF ORDINANCES § 33-73 (2006). Certain limited exceptions apply, including an exception for persons “traveling”, which under state law means in a private motor vehicle not engaged in criminal activity. See, id. at § 33-74, and TEX. PENAL CODE ANN. § 46.15 (2005). Carry of any knife or dagger manufactured or sold for offensive or defensive purposes prohibited on Corpus Christi International Airport property. See, CORPUS CHRISTI, TEX., CODE OF ORDINANCES § 9-38 (2006).

(From Knife Laws of the Fifty States: A Guide for the Law-Abiding Traveler, p. 166)

Thus, in Corpus Christi, the legal blade length limit is less than three inches. As a previous poster noted, you should check the ordinances regarding knife carry in your particular city/town/county to verify that those ordinances are not more restrictive than state law.

Hope this helps.

Stay safe, and Happy Holidays!

david.

 

[victory]

1. If i'm carrying a Kershaw Blur clipped to my pocket, i.e. clip is visible, most of knife is not, is it considered to be concealed?

Here's what i've figured. In states where it's illegal to have a concealed blade, clipped to the pocket is concealed. In states where it's illegal to have an exposed blade, clipped to the pocket is exposed. Basically, you're always screwed so just clip it and avoid trouble.