How long is legal for a knife

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carlson1
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How long is legal for a knife

Post by carlson1 »

How long can a pocket knife be without being illegal?

Thanks
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A-R
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Re: How long is legal for a knife

Post by A-R »

Penal Code 46.01 wrote:(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.
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Re: How long is legal for a knife

Post by A-R »

Also (related) this is a "prohibited weapon" but not an "illegal knife" (gotta love Texas' maze of laws)
Penal Code 46.01 wrote:(11)  "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath and that opens automatically by pressure applied to a button or other device located on the handle or opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.  The term does not include a knife that has a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife.
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Re: How long is legal for a knife

Post by carlson1 »

The way I read what you posted is "the blade" can't be more than 5" not the total knife. LEO gave me wring information tonigt (sshock), after a fifteen minute traffi stop and lecture. He said it was my lucky night to get to keep my knife I am just not to carry it again.

It is a Kershaw and the total length is 5".
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Re: How long is legal for a knife

Post by C-dub »

carlson1 wrote:The way I read what you posted is "the blade" can't be more than 5" not the total knife. LEO gave me wring information tonigt (sshock), after a fifteen minute traffi stop and lecture. He said it was my lucky night to get to keep my knife I am just not to carry it again.

It is a Kershaw and the total length is 5".
The tricky part is, what is considered the blade. Is it only the sharp part? Or is it the length of the piece that also has the sharp part?

Also, San Antonio gets even stranger. I think they restrict all folding knives of any length if they lock open.
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Re: How long is legal for a knife

Post by RPB »

C-dub wrote:
carlson1 wrote:The way I read what you posted is "the blade" can't be more than 5" not the total knife. LEO gave me wring information tonigt (sshock), after a fifteen minute traffi stop and lecture. He said it was my lucky night to get to keep my knife I am just not to carry it again.

It is a Kershaw and the total length is 5".
The tricky part is, what is considered the blade. Is it only the sharp part? Or is it the length of the piece that also has the sharp part?

Also, San Antonio gets even stranger. I think they restrict all folding knives of any length if they lock open.
San Antonio only restricted lock blades under 5-1/2" because they knew State law prohibits carrying a knife over 5-1/2" blade, and that's an attempt to disallow any lock blade in the city (see the code of ordinances in a post I made below) but ... mine are exactly 5-1/2" so I'm legal everywhere
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;
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.
That's why I carry:
viewtopic.php?f=7&t=58190&hilit=knife#p719608" onclick="window.open(this.href);return false;
Blade length: 5.5"
Blade Width: .157"
Closed Length: 6.75"
Overall Length: 12.25"
video reviews of the 5-1/2" blade Cold Steel Voyager XL knives with various blade shapes
http://www.youtube.com/results?search_q ... LElXJwJggg" onclick="window.open(this.href);return false;
Last edited by RPB on Sun Oct 28, 2012 9:29 pm, edited 1 time in total.
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Re: How long is legal for a knife

Post by RPB »

San Antonio is another Country ...

San Antonio Code of Ordinances:

San Antonio, Texas, Code of Ordinances >> PART II - CODE >> Chapter 21 - OFFENSES AND MISCELLANEOUS PROVISIONS >> ARTICLE VI. - REGULATION OF FIREARMS AND WEAPONS >>
http://library.municode.com/HTML/11508/ ... NEPRPRPONO" onclick="window.open(this.href);return false;
Sec. 21-155. - Possession of knife.permanent link to this piece of content

It shall be unlawful for any person under the age of seventeen (17) to possess or carry any knife on a public roadway or public right-of-way; on any other property in which a governmental entity has an interest; or on private property without the permission of the owner or the person in control of the property within the city limits of the City of San Antonio.

(Ord. No. 79328, § 5, 12-16-93)

Cross reference— Certain knives prohibited generally; exceptions, § 21-17.
http://library.municode.com/showDocumen ... 66&docID=1" onclick="window.open(this.href);return false;
Sec. 21-17. - Certain knives prohibited generally; exceptions; penalty for violation.permanent link to this piece of content

(a)

It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a
blade
less than five and one-half (5½) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.


(b)

The above prohibition set forth in subsection (a) shall not be applicable to a person carrying such a knife:

(1)

In the actual discharge of his duties as a peace officer, a member of the armed forces or national guard, or a guard employed by a penal institution;

(2)

On his own premises or premises under his control;

(3)

Traveling;

(4)

Engaged in lawful hunting, fishing or other lawful sporting activity; or

(5)

Using such a knife in connection with a lawful occupation, during such utilization.

(Code 1959, § 26-28.1)

Cross reference— Regulation of firearms and weapons, § 21-151 et seq.; possession of a knife, § 21-155.
Sec. 21-157. - Carrying of weapons, including concealed handguns, on city-owned premises prohibited; posting of notice.permanent link to this piece of content

(a)

It is the intent of the city council to prohibit any person other than a commissioned security officer employed by the city and licensed peace officers from carrying or possessing weapons including concealed handguns on city-owned premises, including city-owned buildings, parking garages, lots, and other parking areas but excluding city-owned or operated public parks, streets and sidewalks.

(b)

It is the intent of the city council that the term weapon shall include a firearm, handgun, club, illegal knife, knife, and any prohibited weapon listed in Texas Penal Code Section 46.05(a) and have the same meaning as said items are defined in Section 46.01, Texas Penal Code.

(c)

The city council directs the city manager, or his designee to post the appropriate signs and such other notice, in accordance with Section 30.05 of the Texas Penal Code (the Criminal Trespass Law), to carry out the city council's above-stated intent.

(d)

The city manager is authorized to take all steps reasonable and necessary to deny entry or continued presence on city-owned premises to all such persons possessing weapons including concealed handguns, including prosecution of such violators for the offense of criminal trespass.

(Res. No. 95-52-66, 12-21-95)

Editor's note—

Provisions enacted by Res. No. 95-52-66, adopted Dec. 21, 1995, have been included herein at the discretion of the editor as § 21-157
Last edited by RPB on Sun Oct 28, 2012 9:31 pm, edited 4 times in total.
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Re: How long is legal for a knife

Post by RPB »

so in Texas, a knife blade may not be OVER 5-1/2" and in San Antonio a lock blade knife blade may not be LESS THAN 5-1/2" ... so
my lock blade folding knife blades are .... 5-1/2"

Therefore, I'm legal even in San Antonio, and throughout Texas.

These are extremely sharp
http://www.midwayusa.com/" onclick="window.open(this.href);return false;
cold steel voyager XL (in whatever blade shape you want-see the youtube reviews)
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Re: How long is legal for a knife

Post by A-R »

carlson1 wrote:The way I read what you posted is "the blade" can't be more than 5" not the total knife. LEO gave me wring information tonigt (sshock), after a fifteen minute traffi stop and lecture. He said it was my lucky night to get to keep my knife I am just not to carry it again.

It is a Kershaw and the total length is 5".
I believe he is completely mistaken if his reason was for length
However if it fit definition of switchblade, dagger, etc that could've been the reason
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Re: How long is legal for a knife

Post by RPB »

:iagree: my niece came home last year with one she bought which was small, but the blade had an "evil" (illegal) SHAPE

like a dagger/dirk/stiletto shape instead of a drop point/tanto/some other legal shape

It was a blade shape legal to own, but illegal to carry (not a prohibited weapon, but a prohibited carrying weapon)

my legal ones are
Blade length: 5.5"
Closed Length: 6.75"
Overall Length: 12.25" when open over a foot long overall ... like a kitchen butcher knife basically
I have tanto and drop point, I have no illegal shaped blade which would make them an intrinsically evil knife
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Re: How long is legal for a knife

Post by Oldgringo »

carlson1 wrote:The way I read what you posted is "the blade" can't be more than 5" not the total knife. LEO gave me wring information tonigt (sshock), after a fifteen minute traffi stop and lecture. He said it was my lucky night to get to keep my knife I am just not to carry it again.

It is a Kershaw and the total length is 5".
:headscratch How did the LEO know you had a knife?
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Re: How long is legal for a knife

Post by 74novaman »

Every time I see Texas knife law quoted, I am saddened and angered at the prohibition on Bowie knives....in Texas of all places. :oops:
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Re: How long is legal for a knife

Post by carlson1 »

Oldgringo wrote:
carlson1 wrote:The way I read what you posted is "the blade" can't be more than 5" not the total knife. LEO gave me wring information tonigt (sshock), after a fifteen minute traffi stop and lecture. He said it was my lucky night to get to keep my knife I am just not to carry it again.

It is a Kershaw and the total length is 5".
:headscratch How did the LEO know you had a knife?
The State Police that patrols the State Park outside of Grand Prairie stopped me. He had me empty all of my contents on the hood of his car. His reasoning was of course his "safety." I did run a stop sight in his park :banghead:

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Re: How long is legal for a knife

Post by RottenApple »

carlson1 wrote:He had me empty all of my contents on the hood of his car. His reasoning was of course his "safety."
Wait, wait, wait. HE was concerned for HIS safety, so he had YOU empty your OWN pockets????

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Re: How long is legal for a knife

Post by carlson1 »

Yep that is what he did. There was two City officers. Then took my cane away and had been set in there front seat all in the name of "safety".
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