So what's the deal with knives now?

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CJD
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Re: So what's the deal with knives now?

#16

Post by CJD » Tue Jun 02, 2015 7:53 am

Bladed wrote:
CJD wrote:
Bladed wrote:
Taypo wrote:
CJD wrote:If you have a CHL and are carrying you are exempt from section 46.02, which in mine and many others interpretation means you may carry an "illegal knife."
I think I can see the interpretation but I'm not sure if I'm willing to be the test case on this one.
That's one of those "You may not do the time, but you'll still do the ride," interpretations. That clearly isn't the intent of the law, but it is technically what the law says, so you'd probably be arrested, and you'd very likely be charged, but you'd probably be able to get the charges dismissed.

At least one (I think former) member of this board had charges of carrying an "illegal knife" dismissed that way. Unfortunately, there haven't been any court rulings on the law, so there is no case law to fall back on.
I thought that it wasn't the intent at first, but then wasn't sure. If someone is trusted enough to carry a handgun, then they should logically be trusted enough to carry an "illegal knife." Otherwise it's silly. Also, if they wanted it only to apply to handguns, they could have used language similar to SB11: "the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies.."
The key thing to note with regard to intent is the fact that the exception applies to a CHL holder only if he or she is carrying a concealed handgun. If the intent were to exempt CHL holders altogether, the law wouldn't require a CHL holder to be carrying a handgun before being able to carry an "illegal knife."
Good point.

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Roger Howard
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Re: So what's the deal with knives now?

#17

Post by Roger Howard » Tue Jun 02, 2015 10:55 am

I have read the sections on illegal knife and on Switchblade knives. I do not see where it iis illegal to carry a switchblade knife as long as the blade is under 5 1\2 inches.

Am I reading this correctly that I can carry my loved Gerber 06 tactical knife?
Technically it would be classified as a switchblade.
If guns kill people, then I can blame mispelled words on my pencil

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

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CleverNickname
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Re: So what's the deal with knives now?

#18

Post by CleverNickname » Tue Jun 02, 2015 10:59 am

Roger Howard wrote:I have read the sections on illegal knife and on Switchblade knives. I do not see where it iis illegal to carry a switchblade knife as long as the blade is under 5 1\2 inches.

Am I reading this correctly that I can carry my loved Gerber 06 tactical knife?
Technically it would be classified as a switchblade.
Since Sep 1 2013, there has been no restriction on how a knife opens, just on the blade length/style.

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Roger Howard
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Re: So what's the deal with knives now?

#19

Post by Roger Howard » Tue Jun 02, 2015 11:06 am

CleverNickname wrote:
Roger Howard wrote:I have read the sections on illegal knife and on Switchblade knives. I do not see where it iis illegal to carry a switchblade knife as long as the blade is under 5 1\2 inches.

Am I reading this correctly that I can carry my loved Gerber 06 tactical knife?
Technically it would be classified as a switchblade.
Since Sep 1 2013, there has been no restriction on how a knife opens, just on the blade length/style.
Thanks, that's what I thought. I have opted not to carry it due to the all the different local laws. Soon, I will not have to worry about that.
If guns kill people, then I can blame mispelled words on my pencil

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.


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Re: So what's the deal with knives now?

#20

Post by wford » Tue Jun 02, 2015 5:35 pm

I mean really. I can carry a Glock 17 strong side, Glock 19 weak side, Glock 26 on my ankle but if my knife is 6 inches I go to jail?

Oh and all the while carrying my AR15

Well at least I can carry my Auto knife now. And my balisong.


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Re: So what's the deal with knives now?

#21

Post by wford » Tue Jun 02, 2015 5:37 pm

A double edged auto might still get you in trouble in TX

Edited to add 5.5 in is ok. Over that is the problem.

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Jumping Frog
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Re: So what's the deal with knives now?

#22

Post by Jumping Frog » Tue Jun 02, 2015 9:16 pm

wford wrote:A double edged auto might still get you in trouble in TX
A double edged blade is definitely illegal, auto or not.
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member

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Roger Howard
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Re: So what's the deal with knives now?

#23

Post by Roger Howard » Wed Jun 03, 2015 8:19 am

[quoteing Frog"]
wford wrote:A double edged auto might still get you in trouble in TX
A double edged blade is definitely illegal, auto or not.[/quote]
It's a good thing mine has the tanto blade. :anamatedbanana
If guns kill people, then I can blame mispelled words on my pencil

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Re: So what's the deal with knives now?

#24

Post by e-bil » Wed Jun 03, 2015 2:09 pm

Is the 5.5" just the length of the blade or does that also include the handle?


nobius
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Re: So what's the deal with knives now?

#25

Post by nobius » Wed Jun 03, 2015 2:32 pm

Blade.

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LSUTiger
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Re: So what's the deal with knives now?

#26

Post by LSUTiger » Wed Jun 10, 2015 1:14 pm

How is the blade measured? Are there any standard legally defined methods?

Here's something I found, but as mentioned in the article, "Law enforcement at the state, local and federal levels, as well as state’s attorneys or prosecuting attorneys, are also encouraged to observe this protocol. Individuals should note that while law enforcement officials are encouraged to utilize this protocol, they are not compelled to do so. AKTI disclaims any responsibility arising from or in any way deriving from the application or misapplication of this protocol."

http://www.akti.org/resources/akti-prot ... de-length/" onclick="window.open(this.href);return false;
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Re: So what's the deal with knives now?

#27

Post by rotor » Wed Jun 10, 2015 3:28 pm

I have a Benchmade 3150 Lerch Gentleman Knife, auto, greatest little knife I have ever had. $140 at Amazon. I don't know how they ship it to you legally in Texas. Don't carry out of state without checking other state laws. It's a Benchmade. Great knife. Check the specs on Amazon.


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Re: So what's the deal with knives now?

#28

Post by KD5NRH » Wed Jun 10, 2015 3:41 pm

LSUTiger wrote:How is the blade measured? Are there any standard legally defined methods?

Here's something I found, but as mentioned in the article, "Law enforcement at the state, local and federal levels, as well as state’s attorneys or prosecuting attorneys, are also encouraged to observe this protocol. Individuals should note that while law enforcement officials are encouraged to utilize this protocol, they are not compelled to do so. AKTI disclaims any responsibility arising from or in any way deriving from the application or misapplication of this protocol."

http://www.akti.org/resources/akti-prot ... de-length/" onclick="window.open(this.href);return false;
Not fond of AKTI shooting (stabbing?) themselves in the foot by including the choil in the blade length. Of course, I'd rather just flat out eliminate the length limit and go after people for behaviors, not tool choices.


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Re: So what's the deal with knives now?

#29

Post by MeMelYup » Wed Jun 10, 2015 4:05 pm

KD5NRH wrote:
LSUTiger wrote:How is the blade measured? Are there any standard legally defined methods?

Here's something I found, but as mentioned in the article, "Law enforcement at the state, local and federal levels, as well as state’s attorneys or prosecuting attorneys, are also encouraged to observe this protocol. Individuals should note that while law enforcement officials are encouraged to utilize this protocol, they are not compelled to do so. AKTI disclaims any responsibility arising from or in any way deriving from the application or misapplication of this protocol."

http://www.akti.org/resources/akti-prot ... de-length/" onclick="window.open(this.href);return false;
Not fond of AKTI shooting (stabbing?) themselves in the foot by including the choil in the blade length. Of course, I'd rather just flat out eliminate the length limit and go after people for behaviors, not tool choices.
That is the way laws should be worded. Like the ones stating no discharging a firearm within city limits except in self defense. Instead of stating that a person cannot Cary a firearm within city limits.


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Re: So what's the deal with knives now?

#30

Post by croc870 » Wed Jun 10, 2015 4:17 pm

At least in Texas the blade includes the choil (unsharpened area past the handle) for purpose of blade length.

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