Can someone show me the law on....

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Snake Doctor
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Can someone show me the law on....

Post by Snake Doctor »

....knives in Texas? I know my pocket knife is legal, but I'm looking into something new, and just wondered what the statutes were on length, width, single-edge vs. double, fixed vs. spring-loaded vs. folding. Thanks very much.
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seamusTX
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Post by seamusTX »

These are knives that you can have at home, in your vehicle, or while traveling or hunting, but not generally in public:
PC §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, stiletto, 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.
This is illegal to even think about: :smile:
PC §46.05. A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(5) a switchblade knife;
- Jim
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Post by DFWCHLer »

To summarize:

Blade < 5.5 inches.
No automatic or "assisted" opening - thumbstuds are OK, but no springs.
Single-edge.
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Post by 9mmGuy »

DFWCHLer wrote:To summarize:

Blade < 5.5 inches.
No automatic or "assisted" opening - thumbstuds are OK, but no springs.
Single-edge.
you can carry an assited open knife...
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flintknapper
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Post by flintknapper »

DFWCHLer wrote:To summarize:

Blade < 5.5 inches.
No automatic or "assisted" opening - thumbstuds are OK, but no springs.
Single-edge.

Nope:


(11) "Switchblade knife" means any knife that has a
blade that folds, closes, or retracts into the handle or sheath, and
that:

(A) opens automatically by pressure applied to a
button or other device located on the handle; or

(B) opens or releases a blade from the handle or
sheath by the force of gravity or by the application of centrifugal
force.
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Post by rm9792 »

Quote:
PC §46.05. A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(5) a switchblade knife;

Then how are they sold, transported, etc at every head shop and gun show in town?
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seamusTX
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Post by seamusTX »

I don't know for a fact that switchblade knives are sold anywhere in Texas; but if they are, it's selective enforcement. Knife laws, even more than "gun control," have always been about "those people."

- Jim
Edited to correct typo.
Last edited by seamusTX on Sun Oct 21, 2007 9:04 pm, edited 1 time in total.
srothstein
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Post by srothstein »

Here is how they get away with selling them:
PC 46.05
d) It is an affirmative defense to prosecution under this
section that the actor's conduct:
(1) was incidental to dealing with a switchblade
knife, springblade knife, or short-barrel firearm solely as an
antique or curio;
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AEA
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Post by AEA »

Yes, you can buy switchblades but according to Texas Law you can not have them in Public!

Like a sword, you can own one but you cannot carry it in public!
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Post by rm9792 »

seamusTX wrote:I don't know for a fact that switchblade knives are sold anywhere in Texas; but if they are, it's selective enforcement. Knife laws, even more than "gun control," have always been about "those people."

- Jim
Edited to correct typo.
Hit any show. GF has 2 of them. They are crappy quality and are just useful as curios, but law says nothing of quality.
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Legal Knife

Post by USMC-COL »

seamusTX wrote:These are knives that you can have at home, in your vehicle, or while traveling or hunting, but not generally in public:
PC §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, stiletto, 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.
This is illegal to even think about: :smile:
PC §46.05. A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(5) a switchblade knife;
- Jim
Be aware that some jurisdictions within Texas have stricter regs (at least on the books). In San Antonio, any knife that locks (most folders except my Swiss Army Champ for me) is not allowed; however, many people I know carry locking folders of various legal blade lengths daily in San Antonio and I have yet to hear of any enforcement. Additionally, I see them on most shooters at every shooting match I attend in San Antonio and several of the shooters are LEOs. I know the state blade length is 5.5" or less.
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seamusTX
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Re: Legal Knife

Post by seamusTX »

USMC-COL wrote:Be aware that some jurisdictions within Texas have stricter regs (at least on the books).
That's true, but a municipality can create only a class C misdemeanor (Local Government Code § 54.001).

The situation in other states is much worse. There are cities where possession of certain knives is a felony, although the same knife is legal under state law.

- Jim
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Post by txinvestigator »

AEA wrote:Yes, you can buy switchblades but according to Texas Law you can not have them in Public!

Like a sword, you can own one but you cannot carry it in public!
No, that is NOT what the law says. Read the above law. It is illegal to even POSSESS.

Being in "public" has nothing to do with weapons laws. 46.02 prohibits the carry on or about your person of handguns, illegal knives (a switchblade is NOT an illegal knife), or clubs, unless at your home or enroute to or in your car. 46.15 also lists when that law is not applicable to you. None of them have anything to do with "public".

46.05 is prohibited weapons and prohibits the possession of switchblades. Possession is more restrictive than carry.
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Post by dukalmighty »

I went to Mexico with some friends a few months ago i'm originally from Kansas and I have partial paralysis of my right hand due to a spinal cord injury,while eating in a restaurant i couldn't get the coffee creamer pack open so i whipped out my liner lock knife and poked a hole in it,my friend almost choked and i thought maybe he found something in his food he wasn't expecting then he said you got a knife ,i said yep and he said were in mexico they consider that a weapon,about that time i notice a coupla guys eating near us with open carry handguns so i stuck my knife all the way in my pocket.I do not want to learn spanish in a mexican prison,sometimes ya don't think about things ya normally carry,i did leave my sig at home tho :grin: oh yeah when i went to open my next creamer he showed me the taped hole ya open it at,sometimes ya feel like a nut ,somtimes
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Post by boredelmo »

Fixed blade knives are an option as well, as long as they are under 5.5 in (blade). As a note, make sure none of your knives are double edged, they are seen as daggers and illegal.

Also, it really does vary on where you live, rural Texas vs somewhere like downtown Austin are very different places. Although legal, metro area police are more prone to "not know" the knife laws.

APD officer tried to tell me about the rule of "palm". As long as its smaller than your palm, it's ok. I've heard this so many times and it's just not true.

People with bigger palms get to wield larger knives than, say a female with small hands? lol.

You can really get your hands on daggers, brass knuckles, switchblades in any flea market or gunshow but it doesn't make them legal.
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