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; I have my Chl and can carry as many pistols concealed as I can hide and walk with but am subject to arrest for a ...

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Thread: Texas knife law?

  1. #1
    New Member Array realdealhere's Avatar
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    Texas knife law?

    I have my Chl and can carry as many pistols concealed as I can hide and walk with but am subject to arrest for a little fixed blade boot knife, neck knife, etc. Strange but true.

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    yes, strange and wrong; needs fixing

    Quote Originally Posted by realdealhere View Post
    I have my Chl and can carry as many pistols concealed as I can hide and walk with but am subject to arrest for a little fixed blade boot knife, neck knife, etc. Strange but true.
    Yup, it is strange, and this needs fixing. Unfortunately The Leg won't meet for 18 more months (well in a way that is fortunate) and they have shown no inclination to fix this in the past.

    The CHL should be a weapons permit that allows not only cc, but
    knives, spray, batons, knuckles, whatever etc. Someone is either O.K., passed a background check and is to be trusted, or they are not. If they are O.K., it makes no sense to allow them to CC but not carry a knife.

    Now personally, I'm not a knife guy. And there are plenty of things that won't bring attention to you as possessing a weapon that can be used as weapons. But that doesn't matter. It makes no sense! And the law needs to be changed.

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    fm2
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    I agree it should be a CWP.

    There are fixed blade knives you can carry (as long as they aren't listed under "illegal weapon",like double edged...) and that's a good thing.

    A small fixed blade knife is not an option for folks in other states.

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    Quote Originally Posted by fm2 View Post
    There are fixed blade knives you can carry (as long as they aren't listed under "illegal weapon",like double edged...) and that's a good thing.
    That's the problem with the 'boot knife'... the blade profile... the statements regarding the blade profile date back to the early 1900's... Look at the Ka-Bar TDI line of knives....those are legal to carry...
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    It's getting stranger the older we get.

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    I'm glad I got a CWP covers knives > FL. but a few state are like that,can carry gun but cant hide a knife
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    Distinguished Member Array Rexster's Avatar
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    Quote Originally Posted by realdealhere View Post
    I have my Chl and can carry as many pistols concealed as I can hide and walk with but am subject to arrest for a little fixed blade boot knife, neck knife, etc. Strange but true.
    Read your Penal Code again. What you said about knives is incorrect.
    Last edited by Rexster; July 23rd, 2009 at 08:51 PM. Reason: clarification

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    Distinguished Member Array Rexster's Avatar
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    Moreover, a wide range of knives, including fixed blades, are perfectly legal in many places where you cannot carry a handgun with your CHL. You must, of course, respect "house rules" and other wishes of the owners of private property, or be subject to arrest for trespassing.

    Pay attention to what makes a knife illegal in Texas, such as blade length, and having more than one sharpened edge. Actually, the Penal Code does not specifically mention how many edges may be sharpened, but an appeals court ruled, in a DFW case, that if the back edge is sharpened, that makes the blade a dagger. The knife in question had the rear edge sharpened for one inch of its length, for what that is worth. Sorry, I cannot cite the case. I lost the link when a previous computer bit the dust.

    Really, Texas is a paradise for those of us who like single-edged fixed blades of moderate size. It is folders that get you in trouble, as quirky DAs interpret such terms as "switchblade" and "gravity knife" within their jurisdictions, and places such as San Antonio prohibit knives with blades that lock in the open position.

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    Pretty strange laws (knife laws) and especially in TX...another reason to love the GunShine State...no such laws here.
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    Quote Originally Posted by Rexster View Post
    It is folders that get you in trouble, as quirky DAs interpret such terms as "switchblade" and "gravity knife" within their jurisdictions, and places such as San Antonio prohibit knives with blades that lock in the open position.
    I've never heard of this situation in San Antonio... Is it a city ordinance?... I've carried lockback knives there for years....
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    As a current resident of the greater San Antonio area... I can confirm that this is indeed true. It is a "city ordinance" that states that any locking blade is prohibited in city limits. I can't remember where I found it on an official website, but it is true...

    From what I've heard, they don't proactively enforce it, but will tack it onto any other things they would stop you for. I'm not willing to find out, so I just carry fixed blades. :)

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    Quote Originally Posted by realdealhere View Post
    I have my Chl and can carry as many pistols concealed as I can hide and walk with but am subject to arrest for a little fixed blade boot knife, neck knife, etc. Strange but true.
    Rexter, I'll save him the time looking it up............

    Depends on what the "little" fixed blade boot or neck knife are exactly.
    Illegal knife carry is under the same provisions as carrying a handgun without a CHL. You may carry one under the same conditions/places that you can carry a handgun without the CHL (also for carrying a club/asp/baton):
    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 that is owned by the person or under the person's control.

    for definition:
    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.



    then there's the prohibited weapons, prohibited weapons are NO-NOs anywhere
    Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
    (5) a switchblade knife

    definition of switchblade:
    Sec. 46.01. DEFINITIONS. In this chapter:
    (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.

    so you may have a boot or neck knife as long as its not a switchblade, not a double edge, not an obvious throwing knife, and not longer than 5 1/2 inches
    that leaves a lot of options for carrying a blade, there are a ton of them out there
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    From dictionary.com

    dag⋅ger  /ˈdægər/ Show Spelled Pronunciation [dag-er] Show IPA
    Use dagger in a Sentence
    –noun
    1. a short, swordlike weapon with a pointed blade and a handle, used for stabbing.
    2. Also called obelisk. Printing. a mark (†) used esp. for references.

    –verb (used with object) 3. to stab with or as if with a dagger.
    4. Printing. to mark with a dagger.

    —Idiom5. look daggers at, to look at angrily, threateningly, or with hate.



    dirk  /dɜrk/ Show Spelled Pronunciation [durk] Show IPA
    Use dirk in a Sentence
    –noun 1. a dagger, esp. of the Scottish Highlands.

    –verb (used with object) 2. to stab with a dirk.




    sti⋅let⋅to  /stɪˈlɛtoʊ/ Show Spelled Pronunciation [sti-let-oh] Show IPA noun, plural -tos, -toes, verb, -toed, -to⋅ing.
    Use stiletto in a Sentence
    –noun 1. a short dagger with a blade that is thick in proportion to its width.
    2. a pointed instrument for making eyelet holes in needlework.

    –verb (used with object) 3. to stab or kill with a stiletto.





    pon⋅iard  /ˈpɒnyərd/ Show Spelled Pronunciation [pon-yerd] Show IPA
    Use poniard in a Sentence
    –noun 1. a small, slender dagger.

    –verb (used with object) 2. to stab with a poniard.
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  15. #14
    Distinguished Member Array Rexster's Avatar
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    Quote Originally Posted by TX-JB View Post
    I've never heard of this situation in San Antonio... Is it a city ordinance?... I've carried lockback knives there for years....
    Yes, it is a city ordinance. I lost the link when my previous laptop bit the dust, but a search should reveal it. It was first passed in 1959, but the city government took action more recently to confirm that is is still enforceable. Of course, violating a city ordinance is a mere Class C misdemeanor, but the confiscation part would surely suck, especially if you got it back with evidence markings scribed into it. Bottom line: Don't carry your folder clipped in a visible spot, and don't carry anything you can't afford to lose. OTOH, I have heard SAPD does not rigidly enforce this, especially against respectable-appearing tourists.

    I have relatives in San Antonio. My BIL told me, that with SATX's massive gang problems, there is no way the city council will rescind any tool that SAPD can use against gang bangers. He said SAPD officers will usually just give a verbal warning, but there is always the officer who is anti-knife, or is having a bad day, so watch out.

    FWIW, the ordinance makes exceptions for peace officers, and for a laundry list of activities in which a private citizen may be participating. Until I retire, my badge is my "folding knife permit" when I visit SATX.

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    VIP Member Array jonconsiglio's Avatar
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    Since Texas law states 5.5 for folders and 4.5 for fixed blades, I thought that would overrule city ordinances? Corpus tried something like 3.5 inches for folders, but they had to remove the ordinance for whatever reason.
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