Butterfly knives in texas...

This is a discussion on Butterfly knives in texas... within the Defensive Knives & Other Weapons forums, part of the Defensive Carry Discussions category; so i have been looking at balisongs lately and i have looked around the net to see if it would be legal to carry one ...

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Thread: Butterfly knives in texas...

  1. #1
    Member Array mr. orange's Avatar
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    Butterfly knives in texas...

    so i have been looking at balisongs lately and i have looked around the net to see if it would be legal to carry one in texas. i have looked at the laws and the only thing that i see that would make it illegal would be under the centrifugial section. but as i have been reading, i find that all modern folders can be opened with inertial force. i am basically looking for some info from a possilbe LEO or someone more knowledgable than the random teenagers i see posting when i google the info.

    i know that it really isn't practical to carry one for defense, and that is why it won't be for defense( besides that's what my Kabar TDI and CRKT First Strike are for).
    Guns don't kill people, Husbands that come home early kill people.

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    Post Texas - I would not carry one.

    Because a Balisong is a centrifugal opening knife by definition and the general acceptance of that as a fact.
    Plus Texas case law already exists where the balisong/butterfly was considered to be an illegal knife type. (see below)

    TEXAS (copied and pasted from KnifeLaws)
    46.02; Note: caselaw suggests that blade length is measured from tip to handle; see McMurrough v State 995 S.W.2d 944; Rainer v State 763 S.W.2d 615.
    Folding knives can be daggers if dual-edged: see Goldberg v State 95 S.W.3d 345.
    Balisongs/Butterfly knives are opened by centrifugal force and are prohibited: Smith v. State, 1988 (no cite).
    Note, however, that that case is not citable as authority for the Prosecution if you are arrested for bali carry.
    Other cases mentioning in passing that butterfly knives are illegal: 926 S.W.2d 307 (1996); 2003 Tex. App. LEXIS 5473.
    Liberty Over Tyranny Μολὼν λαβέ

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    Distinguished Member Array Rexster's Avatar
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    In Texas, fixed-blade knives that do not exceed 5.5" in length, and are single-edged, are legal for carry, concealed or not. Places that prohibit handguns post 30.06 signs, but legally, such signs apply only to handguns carried under the provisions of one's CHL. The way I read the penal code, a sub-5.5" knife is even legal in such places as bars, where a handgun would result in a felony arrest. So, from a practical standpoint, carry the better weapon, I would say. No need to open or unfold a fixed blade. Texas law allows an individual to OWN balisongs, in one's home or business, as part of a collection, just as with switchblades and gravity knives.

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    Distinguished Member Array Rexster's Avatar
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    Disclaimer for the above post: I am not a lawyer, but do wear a badge and enforce Texas criminal laws. I do not give legal advice; lawyers do that. Read the law yourself, and make an educated decision.
    Last edited by Rexster; November 25th, 2007 at 01:28 AM. Reason: clarity

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    Distinguished Member Array fed_wif_a_sig's Avatar
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    Nice regroup there Rexster, LOL. Gotta love these PC days we live in.
    Steve
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    Member Array mr. orange's Avatar
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    Quote Originally Posted by QKShooter View Post
    Folding knives can be daggers if dual-edged: see Goldberg v State 95 S.W.3d 345.
    i really did not know that you could have a dual edged folder. this would have changed many purchases i have made over the years.
    Guns don't kill people, Husbands that come home early kill people.

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    Distinguished Member Array mr.stuart's Avatar
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    Interesting.I thought I read that all double edge knives were illegal to carry in Texas.I know it is legal to own one.Anyone know of links for further study on this topic? Thanks

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    Member Array Sgt.Rock's Avatar
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    Im pretty sure in texas, up to 1" of a second edge is legal on a folder, though I can't quite remember.

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    Quote Originally Posted by Rexster View Post
    In Texas, fixed-blade knives that do not exceed 5.5" in length, and are single-edged, are legal for carry, concealed or not. Places that prohibit handguns post 30.06 signs, but legally, such signs apply only to handguns carried under the provisions of one's CHL. The way I read the penal code, a sub-5.5" knife is even legal in such places as bars, where a handgun would result in a felony arrest. So, from a practical standpoint, carry the better weapon, I would say. No need to open or unfold a fixed blade. Texas law allows an individual to OWN balisongs, in one's home or business, as part of a collection, just as with switchblades and gravity knives.........
    Disclaimer for the above post: I am not a lawyer, but do wear a badge and enforce Texas criminal laws. I do not give legal advice; lawyers do that. Read the law yourself, and make an educated decision.
    +1 what Rexstar said.

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    Senior Member Array hsuCowboy98's Avatar
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    Got to the below site, look up chapter 46 of the Penal code, and you will find your answer. Any knife over 5.5'', not just a folding knife is illegal according to the definition.


    Its very risky to do so, do it at your own risk, and realize that you may/may not be prosecuted depending on where/who's asking/who the prosecution is.

    http://www.texaspolicecentral.com/20...Penal_Code.pdf
    Fear No Evil.

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