Pocket Carry Of Fixed Blade Knife

[srothstein]

Just to clarify some, at least as I was taught:

A dirk or dagger is like a short sword and would generally have two sharpened edges.

A Bowie knife has been interpreted as any knife of that design blade and handle, not just the same size. Thus, even the one inch blade miniature Bowie's are illegal.

A stiletto is any knife designed to stab and includes any blade which is sharpened on both ends, has a point and the tip curves equally towards the edges. It also covers any knife that has a round blade and a pointed tip, like some covert knives in pens or ice picks.

I don't know if there are court decisions backing these up, but it was how I was taught in SAPD's academy. When I teach, I go with the actual wording and generally advise officers to just check the blade length as it is the easiest and clearest definition.

On the SA ordinance, it bans any lock blade and travelers are not exempted. That is the state law and does not apply to the city ordinance. I did have a Gerber lock blade given as a advertising device that was illegal even though it had a three-quarters of an inch blade. A fixed blade with a five inch length would have been legal though. This is enforced by some officers, especially the downtown foot patrol if they have the excuse to search you. It is abused to keep gang members from hanging around the riverwalk, like several other city ordinances.

[9mmGuy]

THANK YOU. Some of this gets plum' hard to understand.

AMEN!

[Velocity]

On the SA ordinance, it bans any lock blade and travelers are not exempted. That is the state law and does not apply to the city ordinance. [...]

I'm no lawyer, but if AggieMM's find is accurate, and this IS the SA law :

The municipal code is:

Sec. 21-17. Certain knives prohibited generally; exceptions; penalty for violation.
(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 (5 1/2) 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)

..then it certaiinly seems that "traveling" does allow one to carry a locking knife in SA.

As has been pointed out previously, this is getting a bit deeper than how the law is normally enforced on the street, but I'd defintely like to know if this is accurate since (like most on this board, I'd assume) part of my normal everyday carry includes a "small" (<5.5 inches) locking blade knife, and the only time I'd be in SA is when I'm traveling...

[Liberty]

On the SA ordinance, it bans any lock blade and travelers are not exempted. That is the state law and does not apply to the city ordinance. [...]

I'm no lawyer, but if AggieMM's find is accurate, and this IS the SA law :

The municipal code is:

Sec. 21-17. Certain knives prohibited generally; exceptions; penalty for violation.
(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 (5 1/2) 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)

..then it certaiinly seems that "traveling" does allow one to carry a locking knife in SA.

As has been pointed out previously, this is getting a bit deeper than how the law is normally enforced on the street, but I'd defintely like to know if this is accurate since (like most on this board, I'd assume) part of my normal everyday carry includes a "small" (<5.5 inches) locking blade knife, and the only time I'd be in SA is when I'm traveling...

What bothers me is that I always have had a small locking blade knoife on me, I think of it more as a tool than a weapon. To find out I've broken the law numurous times is a bit unsettling. Oh well, I decided that I won't be going to stay in San Antonio any more for my bi-anuall pilgrimage anyway because of the anti sentiment of their chamber of comerce

[GlockenHammer]

Folks reading this thread might be interested in some case law concerning knives available via http://www.knife-expert.com/ (specifically at http://pweb.netcom.com/~brlevine/expa1199.htm).

Keep in mind that many of these cases are not from Texas. Even so, I found the various interpretations of laws interesting.

[GlockenHammer]

What bothers me is that I always have had a small locking blade knoife on me, I think of it more as a tool than a weapon. To find out I've broken the law numurous times is a bit unsettling.

Me too. And I don't care for the practice of making everything illegal, then selectively enforcing. I admit that this can be a great tool for law enforcement, but it also puts the average citizen at risk should he manage to somehow upset the wrong person at the wrong time. That's just not right.

[kauboy]

If it is sharpened on both sides, that is what makes it a dirk or dagger, right? If so, any length is illegal.

Any double sided knife is illegal to carry in Texas, length notwithstanding. I didn't know this and actually carried a boot knife for quite a while when I was younger.

I too carry a boot knife, although not a double-edged one.

S&W has a "trademarked" line of knives, including several boot knives. Some of these knives are available with a "faux edge." Essentially, it's a double-edged blank that was only sharpened on one side. To understanding, that makes it a "single-edge."


I went looking for this knife on S&W's website, so I could provide a link, but they don't seem to have it in their online catalog. I got it at Sportsmans' Warehouse, though.

Mine was most definitely illegal, although I didn't know it at the time.
It is a Kershaw Amphibian:


The same knife seen in MI:2, near the end.

[srothstein]

On the SA ordinance, it bans any lock blade and travelers are not exempted. That is the state law and does not apply to the city ordinance. [...]

I'm no lawyer, but if AggieMM's find is accurate, and this IS the SA law :

{snipped for space}

I apologize. I was going from memory and did not look back at the law posted. You and he are correct, it does exempt travelers.

Of course, for sheer fun, you should look at the other ordinance, which prohibits anyone under 17 from possessing any knife on a city street, government property, or any property without the permission of the property owner. It is section 21-155.

And for anyone interested, San Antonio's ordinances are on-line here:
http://www.municode.com/resources/gatew ... 508&sid=43

[casingpoint]

I think I'll just stay out of San Antonio. Any other Texas metropolitan areas have screwball laws like that? Thanks everyone for their imput on this one.

[Liberty]

I think I'll just stay out of San Antonio. Any other Texas metropolitan areas have screwball laws like that? Thanks everyone for their imput on this one.

I used o go to San Antonio a couple of times a year. Down to the Alamo and the River walk. When I found out that the San Antonio Chamber of Commerce was working to prevent our right of CHL holders from keeping our protection in our vehicles I got livid. I have spent a lot of money to those chamber of commerce members. I will never spend the night again there if I can help it. What is wrong with them there?

[casingpoint]

What is wrong with them there?

They're too close to Austin and it's rubbing off on The Alamo City.

[NcongruNt]

Hey now!

Austin doesn't have any of those idiot laws (as far as I know). You'd be surprised at how many of the Austin hippie liberals you may bash so frequently are in favor of legal and responsible possession of firearms.