Texas knife law? - Page 9

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 make sure you put that thing in a case or something. it is illegal for you to own unless you are ...

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Thread: Texas knife law?

  1. #121
    Senior Member Array Spade115's Avatar
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    Quote Originally Posted by Buckles View Post
    make sure you put that thing in a case or something. it is illegal for you to own unless you are an "antique or curio"
    They are Legal to own, illegal to carry (Balisongs - Butterfly knives). The auto's I picked up are in a box though for my collection. (Curio) One form 20 years ago (when a co-worker was in college, gave it to me) and a new one. :D
    When life gives you lemons, Open a lemonaid buisness.


  2. #122
    Member Array Buckles's Avatar
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    Quote Originally Posted by Spade115 View Post
    They are Legal to own, illegal to carry (Balisongs - Butterfly knives). The auto's I picked up are in a box though for my collection. (Curio) One form 20 years ago (when a co-worker was in college, gave it to me) and a new one. :D
    they are not legal to own. they are classified as a switchblade under texas law.

    (11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath and that opens automatically by pressure applied to a button or other device located on the handle or opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.

  3. #123
    New Member Array CyphersFall's Avatar
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    I would like to know if I am allowed to carry my cold steel kobun (1) on my belt out in the open (2) and/or in my boot concealed. I figured sinse it is barley under 5 1/2 I should have no worries right?

  4. #124
    Member Array Buckles's Avatar
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    Quote Originally Posted by CyphersFall View Post
    I would like to know if I am allowed to carry my cold steel kobun (1) on my belt out in the open (2) and/or in my boot concealed. I figured sinse it is barley under 5 1/2 I should have no worries right?
    being concealed or in plain view does not matter. as long as it is 5.5" or shorter and is not classified as an illegal knife, then it is legal. being that the blade on the kobun is exactly 5.5" i would be a little careful carrying it. that is very close to the limit and if someones tape measure is just a little off, it could land you in jail. if i were you i would find a little bit smaller blade to carry.

  5. #125
    New Member Array CyphersFall's Avatar
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    Thanks Buckles for clearing it up for me. I just got the kobun and I loved it much I just want it next to me at all times. Now cold steel says it is 5.5 but measuring from top of the spine, right out of the handle to the tip, most I got was 5 3/8. Is this the right way to measure blade length?

  6. #126
    Member Array Buckles's Avatar
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    Quote Originally Posted by JohnLeVick View Post
    Switchblade or gravity knife ownership is legal. Carrying them is not. The Texas Penal Code defines them as "illegal knives" under Section 46.01(6), but the only prohibition with respect to illegal knives or clubs is in Section 46.02, which prohibits carry away from premises owned or controlled by the carrier. There is no prohibition of ownership. You can even carry them at home or on other premises you control.
    Section 46.01 (6) makes no mention of Switchblades.
    They are mentioned in 46.01 (11), but only for the purpose of a definition. They are also mention a little further down in 46.05.

    they are defined as Prohibited Weapons and therefore are illegal to own. It does not matter whether you are on your own premises or not.

    Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he 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) a switchblade knife;
    (6) knuckles;
    (7) armor-piercing ammunition;
    (8) a chemical dispensing device; or
    (9) a zip gun.

    (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 still only an affirmative defense to prosecution that you had them as an antique or curio. You can still be charged and found guilty or possessing a prohibited weapon.

  7. #127
    Senior Member Array JohnLeVick's Avatar
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    Buckles, I stand corrected. You are right, I was wrong. I will delete the post. Thank you. Locally, our law enforcement folks treat switchblades as illegal knives, not prohibited weapons, and I was going on that without reading far enough in my Penal Code. The only time anybody gets prosecuted around here for switchblade possession is if they are busted for some other crime or if they are actually carrying. I probably know 25 people or more who own balisongs and true switchblades, none of whom have C&R licenses.

  8. #128
    Member Array Buckles's Avatar
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    Quote Originally Posted by JohnLeVick View Post
    Buckles, I stand corrected. You are right, I was wrong. I will delete the post. Thank you. Locally, our law enforcement folks treat switchblades as illegal knives, not prohibited weapons, and I was going on that without reading far enough in my Penal Code. The only time anybody gets prosecuted around here for switchblade possession is if they are busted for some other crime or if they are actually carrying. I probably know 25 people or more who own balisongs and true switchblades, none of whom have C&R licenses.
    no worries man. personally i dont know of anyone that was every charged with possession of a switchblade, but im sure it happens. i guess it all depends on the county and the officer. im sure there are some out there that wouldnt give a flip about someone having an auto or bali. but the law is the law.

  9. #129
    Member Array Buckles's Avatar
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    Quote Originally Posted by CyphersFall View Post
    Thanks Buckles for clearing it up for me. I just got the kobun and I loved it much I just want it next to me at all times. Now cold steel says it is 5.5 but measuring from top of the spine, right out of the handle to the tip, most I got was 5 3/8. Is this the right way to measure blade length?
    i believe so, but do not quote me on that. i want to say that the blade is measured from where it exits the handle, to the tip. if i were you, i would get a couple different tape measures and check it just to be sure.

  10. #130
    Senior Member Array JohnLeVick's Avatar
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    Quote Originally Posted by Buckles View Post
    no worries man. personally i dont know of anyone that was every charged with possession of a switchblade, but im sure it happens. i guess it all depends on the county and the officer. im sure there are some out there that wouldnt give a flip about someone having an auto or bali. but the law is the law.
    I have a friend who is a SWAT FTO, and he couldn't give a fat rat's ass if anyone carried a switchblade. I know other LEOs who feel the same way, as well as a few who would definitely arrest someone for carrying. For possession alone, I've yet to hear of anyone being charged in our area, unless it was a drug dealer or someone arrested on other charges, wherein everything including the kitchen sink is thrown at them.

  11. #131
    Member Array Buckles's Avatar
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    Just as a reference for anyone else that reads this thread, here is the page with just about everything you need to know about Texas and its knife laws. Keep in mind that this does not include individual city ordinances that may prohibit certain types of knives.

    PENAL CODE**CHAPTER 46. WEAPONS

  12. #132
    Senior Member Array psychophipps's Avatar
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    Quote Originally Posted by Buckles View Post
    i believe so, but do not quote me on that. i want to say that the blade is measured from where it exits the handle, to the tip. if i were you, i would get a couple different tape measures and check it just to be sure.
    Many places also measure along the edge so be sure that the edge length isn't above the 5-1/2" limit as well. Yes, we all know that's not the actual correct blade length measurement, but it's still not worth potentially getting arrested over.

  13. #133
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    I don't know of any Texas law limiting fixed blades differently from folders -- it's 5 1/2" blades for both.

    There are limits specifically for double edged and bowie knives (maybe some others).

    None of the legal knives require a license so the CHL is irrelevant to them and the CHL doesn't give those who have it a pass on anything in addition (neither longer nor the bowie for instance.)

    If any of you live around Austin (or Killeen) we have a defensive knife training group that meets each week.

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  14. #134
    Member Array Buckles's Avatar
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    Quote Originally Posted by HerbM View Post
    I don't know of any Texas law limiting fixed blades differently from folders -- it's 5 1/2" blades for both.

    There are limits specifically for double edged and bowie knives (maybe some others).

    None of the legal knives require a license so the CHL is irrelevant to them and the CHL doesn't give those who have it a pass on anything in addition (neither longer nor the bowie for instance.)

    If any of you live around Austin (or Killeen) we have a defensive knife training group that meets each week.

    --
    HerbM
    5 1/2" is for all knives, fixed blades included.

    i wish we had some kind of defensive knife training in my area.

  15. #135
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    Quote Originally Posted by JohnLeVick View Post
    I have a friend who is a SWAT FTO, and he couldn't give a fat rat's ass if anyone carried a switchblade. I know other LEOs who feel the same way, as well as a few who would definitely arrest someone for carrying. For possession alone, I've yet to hear of anyone being charged in our area, unless it was a drug dealer or someone arrested on other charges, wherein everything including the kitchen sink is thrown at them.
    I've encountered them several times, most were cheap pieces of junk and person was told they were illegal, etc, told them to get rid of it

    I've only arrested once and that was because she lied about her name since she thought she had warrants....ended up not having warrants and I hooked her up for carrying the switchblade, her second offense, oh...original stop was for soliciting prostitution
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