laws for carrying a fixed/ blade in texas

This is a discussion on laws for carrying a fixed/ blade in texas within the Defensive Knives & Other Weapons forums, part of the Defensive Carry Discussions category; tried asking about texas knife laws on another forum but no answers so hopefully someone here can help me my 5 1/4 inch serrated kabar ...

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Thread: laws for carrying a fixed/ blade in texas

  1. #1
    New Member Array Wesley540's Avatar
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    laws for carrying a fixed/ blade in texas

    tried asking about texas knife laws on another forum but no answers so hopefully someone here can help me


    my 5 1/4 inch serrated kabar is supposed to arrive later today and i want to know if its okay to have it in its sheath hanging from my belt and take it anywhere i want or where im allowed to take it

    i dont really go out much just home, work, fishing i live in garland texas im pretty sure work is right on the edge of garland i could be wrong i go fishing with my dad at lakefork in quitman and sometimes at a small pond/park thats near work

    i know i cant take a knife to a school, courthouse, airport, or pollingplace
    but about places like sams club, frys electronics(pretty much a walmart sized radio shack) and not that i like going there but sometimes actually going to walmart, i would love to have the kabar as my EDC but have no concept of what concealed is and dont want to get in trouble.


    also i read on another forum that a pocket knife that has clip and is attached to pocket is legal but even a small 2" trapper sitting in the pocket would be illegally concealed, whats the deal on this?

    any info is appreciated

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  3. #2
    Senior Member Array psychophipps's Avatar
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    There are a few local exceptions, but that knife you described is within the limitations of the state laws.

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    New Member Array Wesley540's Avatar
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    Quote Originally Posted by psychophipps View Post
    There are a few local exceptions, but that knife you described is within the limitations of the state laws.
    "local exceptions" ?

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    Senior Member Array psychophipps's Avatar
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    San Antonio has an ordinance banning locking folders. A few other cities have blade length ordinances in the 3-3.5" range. Just Google "Texas Knife Laws" and you'll have the same information that we all do.

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    Member Array TXcougar8000's Avatar
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    Texas Penal Code 46.01 thru 46.06

    (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. (a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife. Switchblade illegal.
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    wesley
    can't carry any knife longer than 5 1/2" blade on/about your person when NOT on your property (or property under your control) or in/going to your vehicle (or vehicle under your control)

    also:
    i know i cant take a knife to a school, courthouse, airport, or pollingplace
    is incorrect information, there are no laws barring carrying a LEGAL knife in these places, these places have some restrictions for firearms but not knives
    my wife carries a kabar on her at school since she can't take her G26 (along with OC and a taser ) As a cop I wouldn't tell you or my wife to do something that was illegal.

    San Antonio and Corpus Christi have city ordinances prescribing shorter length and they have yet to be challenged in court on the basis of preemption of state law

    thread on this with more detail: Texas knife law?
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    Member Array Geronimo45's Avatar
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    I just discovered something courtesy of a sharp-eyed fellow on another forum. Notice Texas Penal Code sec 46.15 (b). It appears that one can legally carry an "illegal knife" or club if one has a CHL and is currently carrying a handgun that is allowed by your license.

    From 46.15 B:
    (b) Section 46.02 does not apply to a person who:
    ...
    (6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;
    46.02 (beginning):
    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
    46.01 just provides definitions, including that of illegal knives and clubs:

    (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.
    ...
    (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.
    It seems that, if one is carrying a gun and has a CHL, one can also carry a spear and a tomahawk. No switchblades, though - they're too dangerous.

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    I've been told that the interpretation is that 46.15 is saying they are legal in carrying the handgun, meaning since they have a CHL they can't be arrested for UCW carrying a handgun, it does not mean they are allowed to carry illegal knives/clubs

    I too pointed this out to my powers that be, in that the way its worded could be interpreted as what you said (and to me personally it should be), all I can say is that state wide it is not interpreted that way, i wouldn't want to chance it to be a guinea pig for a case law
    Spade115 and Geronimo45 like this.
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    Member Array Geronimo45's Avatar
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    @64Zebra: Agreed. Went to a TX LEO forum and they didn't think edged weapons were legalized by that, since it probably wasn't the intent of legislature. Next legislative session, maybe we can get them to legalize all knives, as Arkansas did a few years back.
    Spade115 likes this.

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    Senior Member Array Spade115's Avatar
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    I would like to get automatics and bali's legal in Tx, even just for collection purpose's
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    Quote Originally Posted by Geronimo45 View Post
    @64Zebra: Agreed. Went to a TX LEO forum and they didn't think edged weapons were legalized by that, since it probably wasn't the intent of legislature. Next legislative session, maybe we can get them to legalize all knives, as Arkansas did a few years back.
    yeah, I think the knife laws are ridiculous....they need to be revamped
    ....the info I got on the interpretation was from my friend in the DA's office, he said that the issue had come up before and it should have never been worded that way
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    Senior Member Array rljohns's Avatar
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    I wish CO would just get to where TX is. Better yet both get to where KY law is on knives.

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    Senior Member Array Spade115's Avatar
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    I have a question and I think its a pretty good one :D

    I used to carry a 5.2 inch LFK Benchmade folder.
    Specs
    Specifications
    Blade Length: 5.20" (13.21 cm)
    Blade Thickness: 0.118" (2.98 mm)
    Open: 10.25" (26.06 cm)
    Closed: 6.70" (17.02 cm)
    Weight: 6.70 oz. (189.94 g)
    Handle Thickness: 0.76" (19.33 mm)
    Imported

    I was carrying my Buck 119 this past weekend on my belt just because I no longer have any other fixed blades and wanted to carry one.
    Specs
    Blade Length: 6" (15.2 cm)
    Blade Material: Satin Finish 420HC Stainless Steel
    Carry System: Black leather sheath
    Fixed Blade: Yes
    Handle Material: Phenolic
    Quantity: Yes
    Weight: 7.5 oz. (213.5 g)


    Now the Buck 119 with its 6' blade is suppose to be a lot larger then my 5.2 but side by side they are just a bit different. I even measured mine from above the guard and its real close to 5.5 so I know its legal but my question (mostly to the officers) how would you measure it? From above the guard or where it begines by being sharp?
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    VIP Member Array Guantes's Avatar
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    Buck knives quotes their blade lengths, either from where the blade exits the handle on folders or from the from face of the quillon on fixed blades. Those would be the measurements that I would use in determining blade length.
    "I do what I do." Cpl 'coach' Bowden, "Southern Comfort".

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    again.....its a topic that is not stated in the law....there is nothing in the law that says where the measurement would be started, one more reason I think the knife laws should be severely altered, its ridiculous

    I've always measured all blades from where the metal exits the handle, I'm pretty sure most LEOs do,
    but most of the time we don't get out a ruler unless there are other circumstances involved in contacting the person (person drunk/fighting at a bar carrying illegal knife [TABC licensed premesis= 3rd degree felony] vs making contact with John Doe in another setting), when we have other charges or the knife was used in a crime, etc then we'll measure it and book it into evidence, there are probably thousands of arrests available out there for illegal knives but is it the right thing to do in a lot of circumstances......

    ....I don't give tickets for 58 in a 55...and that philosophy carries over to dealing with blade lengths and other things involved with keeping the peace and enforcing the laws, warnings aren't just for traffic stops,
    if they work themselves into getting attention from us or get arrested for something else then it will come into play,
    every weekend I probably speak with/frisk/search 10-12 people that are carrying a knife (see countless others with one clipped in pocket), unless its way obvious the blade length is too long its usually not addressed
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    Independence is declared; it must be maintained. Sam Houston-3/2/1836
    If loose gun laws are good for criminals why do criminals support gun control?

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