Texas Penal Code Section 46.01 has definitions, and defines, among other things, "illegal knife." "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
One might note that a switchblade is not included in the definition of "illegal knife." "Switchblade" is instead defined separately at section 46.01(11). BTW, this does not mean that a switchblade is legal (see below).
Texas Penal Code Section 46.02 is called "UNLAWFUL CARRYING WEAPONS." It relevantly says, (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", for example, "on the person's own premises . . . ."
Isn't it legal to carry an "illegal knife" on your own premises? BTW, again, switchblades aren't included. Section 46.05 makes the intentional possession of a switchblade unlawful (along with machine guns and other stuff).
Okay so the Penal Code says you can't carry a handgun or illegal knife (except in those defined circumstances like on your own premises). So how do you know that you can carry a handgun around if you have a CHL when section 46.02 makes carrying a handgun illegal?
Another section of the Penal Code says this:
Penal Code 46.15 NONAPPLICABILITY
. . .
(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; . . . .
So, the law making carrying a handgun illegal just does not apply to a CHL carrier who is carrying a handgun per his license. But the nonapplicability provision says 46.02 doesn't apply, and 46.02 makes carrying handguns AND illegal knives illegal. So here's the question: Does this mean that if you're carrying a handgun per your license, you can also be carrying an "illegal knife" because the provision making that illegal doesn't apply to you? I'm not making a conclusion or giving advice, just quoting statutes and asking questions. Ask your lawyer, or a DA, judge or cop if you know one.
Originally Posted by Buckles
if a person is traveling with their collection, for example (just one, not saying the only situation) say their going to a trade show, medieval festival, or they deal in curios, then yeah the exception to the law would be easy; however if this same person were carrying this curio switchblade in their pocket just like any other knife then it would be a different story
and to Budman233....no, as Buckles said.....the exception of 46.02 applying to a CHL is only for the handgun portion
I wouldn't think so:Quote:
Originally Posted by Buckles
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon;
So a Bench Made 585 mini Barrage is a legal knife correct?
585 Details | Benchmade
How is it exactly worded in the Texas laws that butterfly knives are illegal to carry in TX?
ITs is classified (From my understanding) as a "Gravity" knife, however I have been wondering why it is illigal. :( Would be nice as a EDC for what they can be used but they have a bad reputation.
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.