Texas knife law? - Page 6

Texas knife law?

This is a discussion on Texas knife law? within the Defensive Knives & Other Weapons forums, part of the Defensive Carry Discussions category; Originally Posted by Buckles a kubaton is legal. its does not fall under any of the categories of illegal weapons. BWAHAHAHA...(Thank You) will go buy ...

Page 6 of 11 FirstFirst ... 2345678910 ... LastLast
Results 76 to 90 of 154

Thread: Texas knife law?

  1. #76
    Senior Member Array Spade115's Avatar
    Join Date
    Jan 2010
    Location
    Texas
    Posts
    605
    Quote Originally Posted by Buckles View Post
    a kubaton is legal. its does not fall under any of the categories of illegal weapons.
    BWAHAHAHA...(Thank You) will go buy a few of these to give to girls I know. lol
    When life gives you lemons, Open a lemonaid buisness.


  2. #77
    Member Array ASHTXSNIPER's Avatar
    Join Date
    Oct 2009
    Location
    Texas
    Posts
    156
    Quote Originally Posted by Buckles View Post
    that is not completely true.
    this is straight from the texas penal code:

    (d) It is an affirmative defense to prosecution under this section that the actor's conduct:
    (1) was incidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an antique or curio
    It is a defense and a defense only (not an exemption) which means it may fly it may not. This only applies after you have been formerly charged with possession of a prohibited weapon. Then they (judge/jury) would have to decide if it was a curio/relic and what your intentions are with said item. Any way you look at it you will most likely be charged and it will cost a bundle in lawyer fees to be cleared of the charge.
    Proud houlder of a Texas Open Carry License.

  3. #78
    Member Array Buckles's Avatar
    Join Date
    Dec 2009
    Location
    Huntsville, TX
    Posts
    177
    Quote Originally Posted by ASHTXSNIPER View Post
    It is a defense and a defense only (not an exemption) which means it may fly it may not. This only applies after you have been formerly charged with possession of a prohibited weapon. Then they (judge/jury) would have to decide if it was a curio/relic and what your intentions are with said item. Any way you look at it you will most likely be charged and it will cost a bundle in lawyer fees to be cleared of the charge.
    well if you look at is that way, its just as illegal for LE or military to have them too. It to is only a defense to prosecution if the possession of the switchblade is incidental to the performance of official duty.

  4. #79
    New Member Array Budman233's Avatar
    Join Date
    Feb 2010
    Location
    Dallas, Texas
    Posts
    14

    knives and concealed carry

    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
    (F) spear.

    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.

  5. #80
    Member Array Buckles's Avatar
    Join Date
    Dec 2009
    Location
    Huntsville, TX
    Posts
    177
    Quote Originally Posted by Budman233 View Post
    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
    (F) spear.

    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.
    no it does not. unlike some other states, a texas chl does not allow us to carry an otherwise illegal knife. i wanna say florida issues cwp, which allows them to do as you say.

  6. #81
    VIP Member
    Array 64zebra's Avatar
    Join Date
    May 2006
    Location
    Panhandle of Texas
    Posts
    6,460
    Quote Originally Posted by Buckles
    Quote Originally Posted by 64zebra
    in a short word....yes
    if you are in possession of a switchblade (automatic Boker) anywhere....traveling or in your home....it is illegal, its a prohibited weapon
    that is not completely true.
    this is straight from the texas penal code:

    (d) It is an affirmative defense to prosecution under this section that the actor's conduct:
    (1) was incidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an antique or curio

    Quote Originally Posted by ASHTXSNIPER View Post
    It is a defense and a defense only (not an exemption) which means it may fly it may not. This only applies after you have been formerly charged with possession of a prohibited weapon. Then they (judge/jury) would have to decide if it was a curio/relic and what your intentions are with said item. Any way you look at it you will most likely be charged and it will cost a bundle in lawyer fees to be cleared of the charge.
    yep
    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

    Quote Originally Posted by Buckles
    Quote Originally Posted by ASHTXSNIPER
    It is a defense and a defense only (not an exemption) which means it may fly it may not. This only applies after you have been formerly charged with possession of a prohibited weapon. Then they (judge/jury) would have to decide if it was a curio/relic and what your intentions are with said item. Any way you look at it you will most likely be charged and it will cost a bundle in lawyer fees to be cleared of the charge.
    well if you look at is that way, its just as illegal for LE or military to have them too. It to is only a defense to prosecution if the possession of the switchblade is incidental to the performance of official duty.
    I wouldn't think so:
    (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;
    LEO/CHL
    Certified Glock Armorer

    "I got a touch of hangover bureaucrat, don't push me"
    --G.W. McClintock

    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?

  7. #82
    Member Array Buckles's Avatar
    Join Date
    Dec 2009
    Location
    Huntsville, TX
    Posts
    177
    Quote Originally Posted by 64zebra View Post
    I wouldn't think so:
    (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;
    dang. i must have missed that. i have to read this stuff for class everyday. its easy to miss something lol

  8. #83
    Member Array mitocondriac's Avatar
    Join Date
    Jan 2010
    Location
    dallas, tx
    Posts
    164
    So a Bench Made 585 mini Barrage is a legal knife correct?

    585 Details | Benchmade
    So If Guns Kill People Do Pencils Miss Spell Words???

  9. #84
    Member Array Buckles's Avatar
    Join Date
    Dec 2009
    Location
    Huntsville, TX
    Posts
    177
    Quote Originally Posted by mitocondriac View Post
    So a Bench Made 585 mini Barrage is a legal knife correct?

    585 Details | Benchmade
    yes, because it does not use a button or switch to make it come out. you still have to flick the actual blade open

  10. #85
    Member Array mitocondriac's Avatar
    Join Date
    Jan 2010
    Location
    dallas, tx
    Posts
    164
    Quote Originally Posted by Buckles View Post
    yes, because it does not use a button or switch to make it come out. you still have to flick the actual blade open

    Thought so but wanted to ask yall sound intelligible. And have read the whole post so just double checking.

    Thanks
    So If Guns Kill People Do Pencils Miss Spell Words???

  11. #86
    VIP Member
    Array 64zebra's Avatar
    Join Date
    May 2006
    Location
    Panhandle of Texas
    Posts
    6,460
    Quote Originally Posted by Buckles View Post
    dang. i must have missed that. i have to read this stuff for class everyday. its easy to miss something lol
    Bro, it never stops....on my days off each week I read some chapters of PC one day, traffic code one day and some rules and regs or CCP the next, that way I'm staying up on stuff that I don't get to use very often and helping me prepare for the Corporal test
    LEO/CHL
    Certified Glock Armorer

    "I got a touch of hangover bureaucrat, don't push me"
    --G.W. McClintock

    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?

  12. #87
    Member Array Buckles's Avatar
    Join Date
    Dec 2009
    Location
    Huntsville, TX
    Posts
    177
    Quote Originally Posted by 64zebra View Post
    Bro, it never stops....on my days off each week I read some chapters of PC one day, traffic code one day and some rules and regs or CCP the next, that way I'm staying up on stuff that I don't get to use very often and helping me prepare for the Corporal test
    ya. i have a feeling ill never be done reading this stuff. ive still got a year left at Sam Houston, then off to the academy.

  13. #88
    New Member Array bamban's Avatar
    Join Date
    Mar 2010
    Location
    Austin, Texas
    Posts
    4
    How is it exactly worded in the Texas laws that butterfly knives are illegal to carry in TX?

  14. #89
    Senior Member Array Spade115's Avatar
    Join Date
    Jan 2010
    Location
    Texas
    Posts
    605
    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.
    When life gives you lemons, Open a lemonaid buisness.

  15. #90
    Member Array Buckles's Avatar
    Join Date
    Dec 2009
    Location
    Huntsville, TX
    Posts
    177
    Quote Originally Posted by bamban View Post
    How is it exactly worded in the Texas laws that butterfly knives are illegal to carry in TX?
    its classified as a switch blade.

    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.

Page 6 of 11 FirstFirst ... 2345678910 ... LastLast

Sponsored 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
  •  

Similar Threads

  1. Knife Laws in Texas?
    By austinguy23 in forum Defensive Knives & Other Weapons
    Replies: 26
    Last Post: March 20th, 2011, 12:40 PM
  2. Texas Knife Laws updated?
    By Drumbokas in forum Defensive Knives & Other Weapons
    Replies: 4
    Last Post: October 13th, 2009, 08:22 AM
  3. Knife counter-knife class
    By KevinInstructor in forum Member Meeting Place
    Replies: 0
    Last Post: October 6th, 2007, 10:06 AM
  4. Texas Members: Please Contact Texas Senator Kay Bailey Hutchinson
    By Rock and Glock in forum The Second Amendment & Gun Legislation Discussion
    Replies: 11
    Last Post: June 29th, 2007, 07:34 PM
  5. April 15 , Knife/Counter-Knife Workshop, Skaneateles, NY
    By ChrisFry in forum Defensive Carry & Tactical Training
    Replies: 0
    Last Post: March 27th, 2006, 05:57 PM

Search tags for this page

are boot knives legal in texas

,
are karambits legal in texas
,
are neck knives legal in texas
,
are throwing knives illegal in texas
,

boot knife laws in texas

,
knife laws in texas
,
knives
,
texas butterfly knife laws
,
texas fixed blade knife laws
,
texas knife law
,

texas knife laws

,

texas knife laws fixed blade

Click on a term to search for related topics.