TexasCHLforum.com

dolanp wrote:Speaking of knives, does anyone know if butterfly knives are technically illegal in Texas? I was reading something that an expert wrote some time ago and he had said that in his opinion the butterfly knife shouldn't be illegal under the law but that they might still try and book you for it.

Here is the definition of a "switchblade knife" under 46.01 (11):

(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.

It is section B that is questionable. Just curious if any of you might know more or have spoken to any LEOs or attorneys about it.

Gotta love Google. :D

http://dao-web.dao.hctx.net/ie/TEXAS%20 ... 20LAWS.pdf

I definitely am not an expert. I would still check with an attorney.
Even then, "you may the rap, but you won't beat the ride".

Lindy wrote:It would appear, then, that I can legally carry my swords in my vehicles,

§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
commits an offense if he intentionally, knowingly, or recklessly
carries on or about his person a handgun, illegal knife, or club.

Need a lawyer here.

What constitutes "on or about his person"?

Does that mean in a backpack, backseat of a car, bed of a truck?

fiftycal wrote:Not an "automatic" knife. Check the definition of "illegal knife" in sec 46.01. Basically it's a knife with a blade over 5 1/2/ inches or a double edged blade. And it would be a good idea to conceal it, but I can't find anywhere that it has to be.

Not just 5 & 1/2 inches, but:

(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,
stilletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.

http://www.capitol.state.tx.us/statutes/petoc.html

antfarmer wrote:The point I'm making is that it would appear that nonapplicability per 46.15 only seems to work if you are carrying a concealed handgun and your CHL. In those instances where one might wish to leave the gun at home, you couldn't carry your illegal knife or club even with your CHL.

Exactly.

That's why 46.15 (b)(6) explicitly states:

(6) is carrying a concealed handgun and a valid
license...

But who wants to be the test case?

Full text:

http://www.capitol.state.tx.us/statutes/petoc.html

§ 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.

(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,
stilletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.

§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
commits an offense if he intentionally, knowingly, or recklessly
carries on or about his person a handgun, illegal knife, or club.

§ 46.15. NONAPPLICABILITY. (a) Sections 46.02 and
46.03 do not apply to:

(b) Section 46.02 does not apply to a person who:

(6) is carrying a concealed handgun and a valid
license issued under Article 4413(29ee), Revised Statutes, to carry
a concealed handgun of the same category as the handgun the person
is carrying;