Automatic knives in Texas

This is a discussion on Automatic knives in Texas within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I have been google searching whether it is now legal (as of 9/1/13) to carry an auto knife in Texas. What I have found sounds ...

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Thread: Automatic knives in Texas

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    Distinguished Member Array ErnieNWillis's Avatar
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    Automatic knives in Texas

    I have been google searching whether it is now legal (as of 9/1/13) to carry an auto knife in Texas. What I have found sounds a lot like legal jargin and kind of hard to interpret. Anyone know what the exact laws are?
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    I had no idea so from wqhat I see as long as the aotomatic is not double edged like a stilletto or dagger it's legal,But what about San Antonio that has it's own knife laws
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    San Antonio law trumps new Texas law still illegal.
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    As long as said automatic knife isn't a stilletto, has a double edge, is a dagger, has a single edge, has a point, is made of steel, or is over 2in long you're fine! At least that's how I understood it
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    Quote Originally Posted by dukalmighty View Post
    I had no idea so from wqhat I see as long as the aotomatic is not double edged like a stilletto or dagger it's legal,But what about San Antonio that has it's own knife laws
    Yeah, but tire deflation devices are illegal, and I can't imagine that a switch blade wouldn't qualify as a tire deflation device.

    I've been looking at my tire gauge, and it has this little protruding thingy for depressing the tire valve. Am I going to jail?
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    Indiana legalized them this summer. The quality is JUNK but for $20-$25 each they are a novelty.



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    Quote Originally Posted by agalindo View Post
    San Antonio law trumps new Texas law still illegal.
    Maybe, maybe not. Texas preemption law forbids localities from enacting or enforcing laws regarding anything regulated by state law. That is why San Antonio can regulate knives under 5 1/2 inches. State law defined an "illegal knife" as having a blade over 5 1/2 inches. But due to wording of those laws you can carry a knife with a blade that is exactly 5 1/2 inches.
    TEX PE. CODE ANN. 1.08 : Texas Statutes - Section 1.08: PREEMPTION No governmental subdivision or agency may enact or enforce a law that makes any conduct covered by this code an offense subject to a criminal penalty. This section shall apply only as long as the law governing the conduct proscribed by this code is legally enforceable.
    From Penal Code 46.01 we have
    (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.
    and
    (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.
    From 46.02
    Texas Statutes - Section 46.02: UNLAWFUL CARRYING WEAPONS (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:(1) on the person's own premises or premises under the person's control; or(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
    From the San Antonio Municipal Code
    Sec. 21-17. Certain knives prohibited generally; exceptions; penalty for violation.
    (a)
    It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.
    (b)
    The above prohibition set forth in subsection (a) shall not be applicable to a person carrying such a knife:
    (1)
    In the actual discharge of his duties as a peace officer, a member of the armed forces or national guard, or a guard employed by a penal institution;
    (2)
    On his own premises or premises under his control;
    (3)
    Traveling;
    (4)
    Engaged in lawful hunting, fishing or other lawful sporting activity; or
    (5)
    Using such a knife in connection with a lawful occupation, during such utilization.
    So if your switchblade does not lock open, or is exactly 5 1/2 inches long or you are "traveling" (defined by case law, not code) or any of the other exemptions you are good to go.

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