TexasCHLforum.com

I was just wondering about the apparent Texas prohibition on Bowie knives.
Can anyone comment?
thanks
..wiley

Citizens can't normally carry them because they are illegal knives.

You can own them and carry in limited circumstances like hunting.

wileyj wrote:I was just wondering about the apparent Texas prohibition on Bowie knives.
Can anyone comment?
thanks
..wiley

Sec. 46.01

(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, stilletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
(7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.



Ridiculous!

No description of "Bowie Knife" given. That makes things very subjective.

"knife with a blade over five and one-half inches" is the one least "subjective".

I had a lady wannabe CHLer a few years back got popped for such. Her rednecky husband had left bloody long blade in bed of pickup truck after using it to clean fish.

A day or three later, cop stopped the wife for nightime traffic violation. Cop's flashlight beam found the knife while approaching driver's door. Finding bloody "illegal knife" led to seach of cab where cop found .357 (which wifie also did not know was left there) under the seat. UCW charges made her ineligible for CHL for at least five years. And it all began with the "illegal knife" out in the open.

I understand that the Bowie Knife is listed as an illegal knife. I do not understand why.
What about the CAS participants? They attempt to be realistic in most all they do and a Bowie is about as authentic for that era as anything.
A.G. Russell has a beautiful Bowie that I would love to own. It is a big knife and I would never carry a 14 1/2 inch long knife but it would be beautiful to own.
With the law as it is, I would not buy it as I am not sure how legal it would be to own
Anyway, thanks for the data.
But is there any way to figure out how the items in the list of illegal attributes was selected? I understand a long blade and some of the others but why a bowie knife.
or is 46.01 just the law about what you should not carry
oh well, thanks again
..wiley

Technically, (for lack of definition) by law, this little 4" model "bowie" is an illegal knife by virtue of it's name alone.

It is legal in regards to blade length.

A "clip style" blade is legal also.

A false edge does not make it illegal.

Many other knives share one of more of the characteristics listed above.

BUT, because the knife in this link is called a "Bowie" and the law gives us no more direction than this one word "Bowie", then by golly....we got us match boys!

http://worldwideknives.com/BENCHMADE/10500.html

The illegal weapons section of the Penal Codes really should be revisited.

wileyj wrote:I understand that the Bowie Knife is listed as an illegal knife. I do not understand why.
What about the CAS participants? They attempt to be realistic in most all they do and a Bowie is about as authentic for that era as anything........

It's not illegal to own an illegal knife including a Bowie. It's only illegal to carry. As to the CAS, they would fall the "Nonapplicability" section.

TPC wrote:PC §46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do
not apply to:
(e) The provisions of Section 46.02 prohibiting the carrying of an
illegal knife do not apply to an individual carrying a bowie knife or a
sword used in a historical demonstration or in a ceremony in which the
knife or sword is significant to the performance of the ceremony.........

Here are a few exceptions that might apply to the average citizen:


§ 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03
do not apply to:


(2) is on the person's own premises or premises under
the person's control unless the person is an employee or agent of
the owner of the premises and the person's primary responsibility
is to act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subdivision
(5);

(3) is traveling;

Text of subd. (b)(4) as added by Acts 1997, 75th Leg., ch. 1221,
§ 4
(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor's
residence, if the weapon is a type commonly used in the activity;

Text of subd. (b)(4) as added by Acts 1997, 75th Leg., ch. 1261,
§ 28
(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is directly en route between the premises and the
actor's residence, if the weapon is a type commonly used in the
activity;

(e) The provisions of Section 46.02 prohibiting the
carrying of an illegal knife do not apply to an individual carrying
a bowie knife or a sword used in a historical demonstration or in a
ceremony in which the knife or sword is significant to the
performance of the ceremony.

(h) For the purpose of Subsection (b)(2), "premises"
includes a recreational vehicle that is being used by the person
carrying the handgun, illegal knife, or club as living quarters,
regardless of whether that use is temporary or permanent. In this
subsection, "recreational vehicle" means a motor vehicle primarily
designed as temporary living quarters or a vehicle that contains
temporary living quarters and is designed to be towed by a motor
vehicle. The term includes a travel trailer, camping trailer,
truck camper, motor home, and horse trailer with living quarters.