Butterfly knives in texas...

mr. orange · November 21st, 2007, 12:39 AM

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).

QKShooter · November 21st, 2007, 02:08 AM

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.

Rexster · November 25th, 2007, 02:26 AM

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.

Rexster · November 25th, 2007, 02:27 AM

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.

fed_wif_a_sig · November 25th, 2007, 08:25 PM

Nice regroup there Rexster, LOL. Gotta love these PC days we live in.

mr. orange · November 25th, 2007, 10:30 PM

Quote:

Originally Posted by QKShooter

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.

mr.stuart · November 25th, 2007, 10:41 PM

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

Sgt.Rock · November 26th, 2007, 04:52 AM

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

TX-JB · December 5th, 2007, 08:14 PM

Quote:

Originally Posted by Rexster

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.

hsuCowboy98 · December 5th, 2007, 08:49 PM

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

November 21st, 2007, 12:39 AM	#1
mr. orange Member Join Date: Oct 2005 Posts: 122	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.

November 21st, 2007, 02:08 AM	#2
QKShooter Assistant Administrator Join Date: Dec 2004 Location: Off Of The X Posts: 20,001	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. __________________

November 25th, 2007, 02:27 AM	#4
Rexster Member Join Date: Aug 2007 Location: SE Texas Posts: 188	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 02:28 AM. Reason: clarity

November 25th, 2007, 08:25 PM	#5
fed_wif_a_sig Distinguished Member Join Date: Jan 2006 Location: Denton, TX Posts: 1,365	Nice regroup there Rexster, LOL. Gotta love these PC days we live in. __________________ Steve "Respect all ... Fear none!!!

December 5th, 2007, 08:49 PM	#10
hsuCowboy98 Senior Member Join Date: Jul 2006 Location: Texas Posts: 1,023	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.

November 25th, 2007, 02:26 AM	#3
Rexster Member Join Date: Aug 2007 Location: SE Texas Posts: 188	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.

November 25th, 2007, 10:41 PM	#7
mr.stuart Senior Member Join Date: Jun 2006 Location: usa-southeast texas Posts: 622	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

November 26th, 2007, 04:52 AM	#8
Sgt.Rock Member Join Date: Jun 2007 Location: Texas Posts: 23	Im pretty sure in texas, up to 1" of a second edge is legal on a folder, though I can't quite remember.

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode