Yugo SKS Bayonet = Illegal Knife?

[chabouk]

By definition, a rifle is not a hand instrument. That would make it a handgun. Thus, the bayonet is not a knife.

I agree with your legal assessment.

[denwego]

I've always been very apprehensive about carrying a bayonet on a rifle in Texas. Penal Code §46.01(6f) defines an illegal knife, in part, as a "spear" without going into what a "spear" is, and there are zero cases which talk about it. So, going by the common dictionary definition as the only guide, that means "a weapon with a long shaft and a pointed tip, typically of metal, used for thrusting or throwing."

If you have a SKS or another type of rifle with a permanently attached bayonet, going by common sense, I wouldn't think that anyone would think of it as a "spear" if it were carried in the closed position. If you unstowed it and walked around with it, I can see an overly-ambitious Houston cop tacking a §46.02 violation on for it being a spear and letting you sort it out in court. At the range, using it as it was designed (as a rifle) certainly falls under the §46.15(b3) exception.

I own a number of non-permanently-attached bayonets, my favorite being a M1 10" model for my Garand from around 1943-1944 (one of undated production runs). Its length alone means §46.02 would apply, but even if it were something like 5", it's double-edged with a cross guard, and would certainly be a "dagger." If you took a SKS bayonet off the rifle and carried it around, length aside, the fact that it's a non-sharpened pig-sticker style weapon would strike me as falling under the realm of "poniard" in terms of Texas law. I can't find any precedent cases involving what a "poniard" is, but most other states consider it something like an ice-pick or other dedicated stabbing-not-cutting type of weapon, so I bet a Texan DA would aim for the same mark.

My 2¢ as it were!

[jlangton]

Just a note to those that are thinking of removing the bayonets from their C&R rifles now. If you remove that bayonet-then you have altered the rifle, so it loses it's C&R status, and it must conform to 922r. Which means for a Yugo SKS,the bayonet and bayonet lug must be removed, the grenade launcher and it's sights must be removed, the night sights must be removed, and you have to have the minimum number of US made compliance parts installed..
JL