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Response from County Sheriff's office

You are correct that the pocket Knife (2.75”) in question is not listed as a Prohibited Weapon under Texas Penal Code 46.05. Your definition of a Knife taken from the Texas Penal Code is also correct and that definition, “an instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument”, is precisely the reason we have “knifes” posted as not being allowed inside the courthouse. You did nothing illegal by possessing the knife upon entering the court premises, it is not an illegal weapon, it was just not allowed.

You were only denied entry while in possession of the Knife. Once removed, your entry was allowed. I am glad the officers in question were polite and they were following our policy. Thank you for your correspondence.

My response back

Thank you so much for your response. I do however have a follow up question. If the knife was not illegal, how can it not be allowed in a public building? In other words, how can local rules be put into place that contradict the rule of law? If there is a legal reference that allows the courthouse to make these local rules, please provide that reference. I understand that judges have much discretion on what is allowed in their courtroom, but I was not entering a court room, I was there to vote.

Also, the sign as you enter the courthouse references that weapons are banned according to Texas Penal Code. The deputies also said that my knife was banned according to Texas Penal Code. As you stated below, my pocket knife is not banned by Texas Penal Code.

I do appreciate your time in responding to my question.

Second Response

The rule of law deals with applicable law violators. It does not determine the threat/risk level given to a particular prohibited item for security purposes. In Travis County, we follow the guidelines set out by the Center For Judicial And Executive Security which prohibits any edged weapon.

Art. 102.017 of the Texas Code of Criminal Procedure gives the authority to the Commissioners Court to provide for court security plus assess a fee to fund it.

I understand that you were not entering a courtroom but architectural design and funding prohibits us from placing a screening station at each courtroom door. Therefore, we must secure the entire building plus this is the prudent way to spend taxpayer dollars.

My response

102.017 of the Texas Code of Criminal Procedure only covers various security funds and what they can pay for. It does not state how local courts can set levels of security that differ from the law.

Where can I find written in law that I can't bring my pocket knife to a courthouse?

I'll admit, I know where this is going...they have a rule for courtrooms and as a matter of convenience they apply it to the entire building. I understand this, but their deputies said I had violated the Texas Penal Code, which I did not. Second, how is an ordinary citizen who carries a pocket knife (as all good Americans should) supposed to know that he can't take it to the courthouse?

Awaiting next response...I'll admit, I do find this fun.

texanjoker wrote:Courts don't allow weapons and a knife can be a weapon. That is why they also run everybody's belongings through the metal detectors and such. They probably have to argue with 50 people a day about pocket knives and it probably gets old. I know I laughed at them 2 weeks ago when I went armed in uniform to have a warrant signed. They wanted to see my ID. I've never been asked for ID in uniform before, but their house their rules.

I read regs every day as part of my business (environmental professional) and know how to interpret them. The regs on this matter are very specific. My type of knife is defined but is not prohibited from a courthouse or polling place. If I'm reading the right section, which I'm certain I am, then they were wrong to keep me from entering the courthouse. I've already sent my complaint to the Sheriff's office via their online form. I'm thinking I should probably follow up with a written letter as well.

I'm surprised by the amount of posts from folks that assume a courthouse or local jurisdiction can simply make up and enforce a rule or policy that goes against written law. This is one way that our rights are slowly eroded away. Asking for ID to make sure a uniformed officer is who he claims to be seems justified. I was not breaking any law and was denied entry. If you were pulled over and an officer told you it was their department's policy to search the car of every CHL holder, would you comply?

And no, I did not go back to the courthouse. I stopped on my way home and voted at an early voting location.

The pocket knife referenced in the OP is not a prohinited weapon, nor were they saying it was prohibited under law to carry it there. It is their rule, and they are free to enforce it.

The courthouse ban on knives has nothing with the legality of the knife. They just don't allow them.

To clarify, the deputies specifically said that under Texas Penal Code my knife was not allowed to be carried into the building. They also referred to a sign banning weapons "according to Texas Penal Code".

Plus, they can't have a rule to simply "not allow" something. It is a public building, if it not specifically illegal then it's considered legal. That is how our laws are written. My particular knife is defined in the law, but that same knife is not listed as a prohibited weapon. Therefore it is not prohibited.

tbrown wrote:I don't see anything in there that makes it illegal to carry a pocket knife in a courthouse but I also don't see anything that makes it illegal for the courthouse to prohibit pocket knives and use metal detectors to enforce their policy.

Private entities can make and enforce policy, but the courthouse can't make up their own rules. They have to follow the law, it's a public building.

I tried to make the title as dramatic as possible

I work in downtown Austin. On Friday I walked the 4-5 blocks to the county courthouse to vote. The county has metal detectors that everyone has to go through and the deputies stopped me as I was emptying my pockets...my folding 2.75" "Made in the USA" Buck Knife was prohibited. They pointed to a sign on the door prohibiting weapons. The deputies were nice and told them "I understand you're doing your job, but I believe you're wrong". I ended up leaving, quite anxious to get back to my office and look up the code...

I've pasted the relevant sections below. Bottom line, I think they were wrong. My pocket knife is not a prohibited weapon. If I really wanted to get testy, I could say that I was denied my right to vote...but that sounds to liberal

To the folks here that know...is this the correct code. If not, where do I look? I've already submitted my issue to the sheriff's office. Thanks all

Texas Penal Code

Sec. 46.01. DEFINITIONS. In this chapter:
(1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following:
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk.
(2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon.
(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.
(4) "Firearm silencer" means any device designed, made, or adapted to muffle the report of a firearm.
(5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.
(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.
(7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.


Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19,


Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person 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;
(9) a zip gun; or
(10) a tire deflation device.