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Re: How long is legal for a knife

Posted: Sun Oct 28, 2012 11:05 pm
by longhorn_92
RPB wrote: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 >>
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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.
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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

Is this actually enforced in San Antonio?

Re: How long is legal for a knife

Posted: Sun Oct 28, 2012 11:07 pm
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?
Sorry forgot to answer your question. I had the clip visible on the outside of my dress pants.

Re: How long is legal for a knife

Posted: Mon Oct 29, 2012 9:22 am
by RPB
longhorn_92 wrote:
RPB wrote:San Antonio is another Country ...

San Antonio Code of Ordinances:
Is this actually enforced in San Antonio?



I don't know.
Part of it which would pertain to CHLs carrying a concealed handgun on city property prohibition, is preempted by State law now.

The knife laws may be enforced, I don't know ... I only go there every so often ...for the Korean Food. (which is way better than any I tasted in Austin' more "home cookin' Seoul style instead of American tourist style like Austin has. And a bit better than that in Killeen that I've had. Lubbock's is about as good, but 10 hours round trip driving for lunch is a bit much ;-)

Re: How long is legal for a knife

Posted: Mon Oct 29, 2012 8:43 pm
by rm9792
C-dub wrote: 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?

.
The blade has an edge, the other part you refer to is the tang.

Re: How long is legal for a knife

Posted: Mon Oct 29, 2012 8:46 pm
by C-dub
rm9792 wrote:
C-dub wrote: 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?

.
The blade has an edge, the other part you refer to is the tang.
You and I know that, but common sense doesn't always rule the day.

Re: How long is legal for a knife

Posted: Mon Oct 29, 2012 9:18 pm
by rm9792
C-dub wrote:
rm9792 wrote:
C-dub wrote: 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?

.
The blade has an edge, the other part you refer to is the tang.
You and I know that, but common sense doesn't always rule the day.
I forgot....I shall hang my head in shame and leave......

Re: How long is legal for a knife

Posted: Tue Oct 30, 2012 7:49 am
by croc870
Texas case law is very clear on this-the blade is everything past the handle.

Re: How long is legal for a knife

Posted: Tue Oct 30, 2012 8:05 am
by RPB
croc870 wrote:Texas case law is very clear on this-the blade is everything past the handle.
I haven't done the research, but I'd tend to agree with this statement as on the folding knives I have, the blade is measured open, handle to tip at 5.5" by manufacturers who know knives, not measuring the metal tang part inside the handle with the hole which allows it to pivot open/close on a folding knife, nor a tang partinside the handle on a fixed blade.

I'm trusting, justifiably relying, on the manufacturer's measurement in "good faith" as they are the "expert" not I.
I assume there is case law supporting that, just have not researched it..