Texas: Legal to Carry?

Texas: Legal to Carry?

This is a discussion on Texas: Legal to Carry? within the Defensive Knives & Other Weapons forums, part of the Defensive Carry Discussions category; Bought this knife new thru a catalog from a friend who was in the Military. Its about 10 years old now. At the time i ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 16
Like Tree14Likes

Thread: Texas: Legal to Carry?

  1. #1
    Member Array JonnySW's Avatar
    Join Date
    Apr 2014
    Location
    Ft Worth TX
    Posts
    72

    Question Texas: Legal to Carry?

    Bought this knife new thru a catalog from a friend who was in the Military. Its about 10 years old now. At the time i was told you had to be Military or Law Enforcement to buy it. I paid about $250 new, and its a great knife. I used to carry it everyday, but never was stopped by LEO, so i didnt think twice. Recently a friend of mine got a ticket and his knife taken during a police traffic stop due to it being illegal....its almost the same size as mine, maybe a hair larger.

    My Specs:20140503_160933.jpg20140503_160806.jpg20140503_160757.jpg

    Benchmade H&K Snody Auto Axis Knife
    Blade Length: 3.40"
    Blade Thickness: 0.150"
    Blade Material: 154CM
    Blade Hardness: 58-60HRC
    Blade Style: Drop Point
    Weight: 5.50oz.
    Clip: Black, Reversible, Tip-Up
    Lock Mechanism: Auto-AXIS w/ Safety
    Overall Length: 8.19"
    Closed Length: 4.79"

    Can i Carry this legally, being non Military/LE?
    gatorbait51 likes this.


  2. #2
    VIP Member Array WrongRecroom's Avatar
    Join Date
    Oct 2013
    Location
    AZ moutain lands
    Posts
    4,153
    More then likly that is a auto knife .. Norm only sold to mil/gov/leo .... But you can own them fine ... I think TX just legiziled carry of them... That is what you want to check..

    Also at least 3 places in tx have lower blade length then the state ( which is 5 inch ) so check on that ...

    Assuming tx has legizled the carry of auto knife I think it would be ok to carry

    But please do check the law books etc... That to me falls in the camp of thats a tac looking knife thus cops might look more at it so you want to be legal
    gatorbait51 likes this.
    “Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats.” H.L. Mencken
    "Vous ne les laisserez pas passer, mes camarades"
    "We're surrounded. That simplifies our problem of getting to these people and killing them."Chesty Puller

  3. #3
    VIP Member Array WrongRecroom's Avatar
    Join Date
    Oct 2013
    Location
    AZ moutain lands
    Posts
    4,153
    "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.

    since that is not double bladed you should be oks .. Just be leary of the towns that do not allow that stuff..
    gatorbait51 likes this.
    “Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats.” H.L. Mencken
    "Vous ne les laisserez pas passer, mes camarades"
    "We're surrounded. That simplifies our problem of getting to these people and killing them."Chesty Puller

  4. #4
    Member Array JonnySW's Avatar
    Join Date
    Apr 2014
    Location
    Ft Worth TX
    Posts
    72
    Quote Originally Posted by WrongRecroom View Post
    More then likly that is a auto knife .. Norm only sold to mil/gov/leo .... But you can own them fine ... I think TX just legiziled carry of them... That is what you want to check..

    Also at least 3 places in tx have lower blade length then the state ( which is 5 inch ) so check on that ...

    Assuming tx has legizled the carry of auto knife I think it would be ok to carry

    But please do check the law books etc... That to me falls in the camp of thats a tac looking knife thus cops might look more at it so you want to be legal
    Yes it is an auto knife. Ive gone online, and it looks like now you can buy this knife without being Military, but not sure if that still means legal, : (

    I have searched some laws, but seem to find several contradicting codes so far.
    gatorbait51 likes this.

  5. #5
    VIP Member Array WrongRecroom's Avatar
    Join Date
    Oct 2013
    Location
    AZ moutain lands
    Posts
    4,153
    Also note that auto knifes are pretty tightly regualty and few states allow them to be carried never mind owned ... Just something to think about when you travle ..

    AZ is ok with them any size .. CA needs them to be less then 2inch to be carried .. Really last I looked only a handfull of states allow them to be carried ...
    gatorbait51 likes this.
    “Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats.” H.L. Mencken
    "Vous ne les laisserez pas passer, mes camarades"
    "We're surrounded. That simplifies our problem of getting to these people and killing them."Chesty Puller

  6. #6
    VIP Member Array WrongRecroom's Avatar
    Join Date
    Oct 2013
    Location
    AZ moutain lands
    Posts
    4,153
    Quote Originally Posted by JonnySW View Post
    Yes it is an auto knife. Ive gone online, and it looks like now you can buy this knife without being Military, but not sure if that still means legal, : (

    I have searched some laws, but seem to find several contradicting codes so far.
    Knife Rights - Texas Sept. 1 Automatic (Swithblade) Knife Alert

    Just be carfully where you carry it ... I think 3 towns still have there own lawss
    gatorbait51 likes this.
    “Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats.” H.L. Mencken
    "Vous ne les laisserez pas passer, mes camarades"
    "We're surrounded. That simplifies our problem of getting to these people and killing them."Chesty Puller

  7. #7
    Member Array sammeow's Avatar
    Join Date
    Jan 2014
    Location
    Texas
    Posts
    431
    Technically..... Maybe.
    The laws changed for knives, now allowing switchblade type with a blade under 5.5 inches.

    Illegal Knife in Sec. 46.01(6)
    (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.

    First, the definition of an Illegal Knife in Sec. 46.01(6)(C) still includes "dagger, including but not limited to dirk, stilletto and poniard." That has not changed. None of these type knives, dagger, etc., are defined in Texas law, but based on case law generally you should assume that a "dagger" covers any double-edged blade. This would include automatic knives with double-edged blades.
    Many interpret this to mean single edged only are legal. So if any of the back edge is sharp, it could be interpreted as having a double edge.

    Confused yet?
    gatorbait51 and WrongRecroom like this.

  8. #8
    Senior Member Array USM1976's Avatar
    Join Date
    Feb 2013
    Location
    Texas
    Posts
    935
    There has been a misconception for many, many years that military and law enforcement were exempt from laws regarding "prohibited weapons" under the Texas Penal Code, which is quite false.


    In Texas a knife with a blade length over 5 1/2" is illegal to carry except for hunting and sporting...not everyday carry...the spring loaded knives or "switch blade" knife has been removed from that list.

    Texas Penal Code 46.05

    Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
    (1) an explosive weapon;
    (2) a machine gun;
    (3) a short-barrel firearm;
    (4) a firearm silencer;
    (5) knuckles;
    (6) armor-piercing ammunition;
    (7) a chemical dispensing device;
    (8) a zip gun; or
    (9) a tire deflation device.
    (b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.
    (c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.
    (d) It is an affirmative defense to prosecution under this section that the actor's conduct:
    (1) was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio;
    (2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or
    (3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b).
    (e) An offense under Subsection (a)(1), (2), (3), (4), (6), (7), or (8) is a felony of the third degree. An offense under Subsection (a)(9) is a state jail felony. An offense under Subsection (a)(5) is a Class A misdemeanor.
    (f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is:
    (1) provided by the Texas Commission on Law Enforcement; or
    (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety.
    (g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

    Further, the general weapons statute. TPC 46.02:

    Sec. 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 or watercraft that is owned by the person or under the person's control.
    (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
    (1) the handgun is in plain view; or
    (2) the person is:
    (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
    (B) prohibited by law from possessing a firearm; or
    (C) a member of a criminal street gang, as defined by Section 71.01.
    (a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
    (a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
    (b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
    (c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.


    "Illegal knife " TPC 46.01(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.


    In short, that knife appears to be quite legal.
    gatorbait51 likes this.

  9. #9
    Member Array superdamian11's Avatar
    Join Date
    Nov 2013
    Location
    Texas
    Posts
    412
    k.jpg

    I carry my Bechmade Auto everyday. I think its only 3". My understanding is its legal. Laws are so damn confusing to read and make sense of. Guess I'm taking a chance?

  10. #10
    Member Array StripesDude's Avatar
    Join Date
    Nov 2012
    Location
    DFW Texas
    Posts
    445
    You should be ok here in the Metroplex. But if you go to San Antonio, they don't even want you to have butter knives down there. That knife would be illegal in SA.
    WrongRecroom likes this.
    My EDC: Springfield XDS
    My sometimes EDC: Colt XSE LW or G26

  11. #11
    Member Array JonnySW's Avatar
    Join Date
    Apr 2014
    Location
    Ft Worth TX
    Posts
    72
    Good to know. Thanks.

  12. #12
    VIP Member Array WrongRecroom's Avatar
    Join Date
    Oct 2013
    Location
    AZ moutain lands
    Posts
    4,153
    Quote Originally Posted by JonnySW View Post
    Good to know. Thanks.
    If you can keep checking out the link I posted that group is like the NRA for knives they help spearhead the auto knife thing I think and are trying for state premention again next year .. That is nice to have state prementon ..

    If you just travle in one county and that is legal I would carry it .. But you travle at all get a nice small blade like a spyerco as they make all state legal models less issues I do say ... And to me they are fast opening and can be done with one hand
    “Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats.” H.L. Mencken
    "Vous ne les laisserez pas passer, mes camarades"
    "We're surrounded. That simplifies our problem of getting to these people and killing them."Chesty Puller

  13. #13
    Member Array Spalt's Avatar
    Join Date
    Mar 2013
    Location
    Dallas
    Posts
    413
    Sounds like your friend's blade was a bit too long, or more likely had the tip sharpened on both sides making it a "dagger". Texas probably gave up on switchblades given all the methods to open a knife one handed. It is pretty unusual to get a ticket for a knife unless something else suspicious is going on. How would you even come to be searched?

  14. #14
    Member Array JonnySW's Avatar
    Join Date
    Apr 2014
    Location
    Ft Worth TX
    Posts
    72
    Quote Originally Posted by Spalt View Post
    Sounds like your friend's blade was a bit too long, or more likely had the tip sharpened on both sides making it a "dagger". Texas probably gave up on switchblades given all the methods to open a knife one handed. It is pretty unusual to get a ticket for a knife unless something else suspicious is going on. How would you even come to be searched?
    He had it in his cargo pocket with the belt clip showing on his pants. The cop asked him what kind of knife, the rest you can figure out.

  15. #15
    Distinguished Member Array mr.stuart's Avatar
    Join Date
    Jun 2006
    Location
    usa-southeast texas
    Posts
    1,720
    Texas knife laws seem specific but they are really all over the place depending on the city. Some people say state law trumps local cities, good luck with that. I have mentioned before, all the years I worked with the public I would occasionally hear cops talking about knives. Their opinions were all over the place. The real danger is the cop does not know knife laws or simply makes up his/her own law. The funniest comment I ever heard from an officer, " if the closed knife is longer than my hand is wide,it is illegal". I don't see a good answer to this problem at the moment.
    Pain is the best teacher,but nobody wants to go to his class.


    When the past smothers the present, there is only desperation. When the future absorbs the present, life stands still. In either case a decision must be made because you only live now and you are only what you are now.

Page 1 of 2 12 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

carrying an automatic knife in texas
,
is it legal to own or sell a dagger in tx
,

knife carry laws in texas 2014

,

texas knife laws 2014

Click on a term to search for related topics.

» Log in

User Name:

Password:

Not a member yet?
Register Now!

» DefensiveCarry Sponsors