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Knife help

Posted: Fri Sep 25, 2009 10:32 am
by longtooth
OK I need a little help remembering.
Fixed blade knife under 5.5" is legal to carry.????? Or is it 5".???

I am working on a project.
Thank you for your help. :tiphat:
LT

Re: Knife help

Posted: Fri Sep 25, 2009 10:46 am
by joe817
PC 46.01(6)"Illegal knife" means a:

(A) knife with a blade over five and one-half inches;

It makes no distinction between a folding or fixed blade knife.

Is that what you are looking for?

Re: Knife help

Posted: Fri Sep 25, 2009 2:30 pm
by USA1
i thought it was illegal to carry a fixed blade knife . :confused5

i'm pretty sure a folder can be up to 5.5 inches .

Re: Knife help

Posted: Fri Sep 25, 2009 2:57 pm
by joe817
USA1 wrote:i thought it was illegal to carry a fixed blade knife . :confused5
i'm pretty sure a folder can be up to 5.5 inches .
It looks like a fixed blade knife is a no no to carry no matter how long it is. I knew I should have quoted all revelent parts of 46.01. You're right USA1, good catch. :thumbs2:

"Sec. 46.01. DEFINITIONS.
.
.
.
.
(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."

Re: Knife help

Posted: Fri Sep 25, 2009 3:05 pm
by USA1
its too bad . i have some really cool fixed blade knives .
one of my favorites is a military style dagger with sheath that i've had for many years .
i keep it on my nightstand of doom along with a gun and flashlight .

Re: Knife help

Posted: Fri Sep 25, 2009 3:22 pm
by joe817
USA1 wrote:its too bad . i have some really cool fixed blade knives .
one of my favorites is a military style dagger with sheath that i've had for many years .
i keep it on my nightstand of doom along with a gun and flashlight .
I used to collect military combat knives, and still have several. My favorite is an Ek FAIRBAIRN-SYKES MkII, parkerized. It's no longer produced. It was a limited run for Desert Storm I.

http://www.ekknife.com/index.html" onclick="window.open(this.href);return false;

Re: Knife help

Posted: Fri Sep 25, 2009 3:45 pm
by C-dub
What am I missing here guys?

Other than a few specific types of fixed blade knives no one has presented any definitive evidence that all fixed blade knives are illegal. What about this one.
http://www.onlyknives.com/us-divers-tit ... int-blade/" onclick="window.open(this.href);return false;

It's not meant to be thrown and it's not a bowie knife. Wouldn't this one be legal to carry?

Re: Knife help

Posted: Fri Sep 25, 2009 3:51 pm
by joe817
C-dub wrote:What am I missing here guys?

Other than a few specific types of fixed blade knives no one has presented any definitive evidence that all fixed blade knives are illegal. What about this one.
http://www.onlyknives.com/us-divers-tit ... int-blade/" onclick="window.open(this.href);return false;

It's not meant to be thrown and it's not a bowie knife. Wouldn't this one be legal to carry?
Well C-dub, one might be able to argue successfully that it has a bowie knife blade configuration, albeit it's a highly modified one. Therefore it's a bowie knife. Just my opinion.

Re: Knife help

Posted: Fri Sep 25, 2009 3:58 pm
by ELB
C-dub wrote:What am I missing here guys?

Other than a few specific types of fixed blade knives no one has presented any definitive evidence that all fixed blade knives are illegal. What about this one.
http://www.onlyknives.com/us-divers-tit ... int-blade/" onclick="window.open(this.href);return false;

It's not meant to be thrown and it's not a bowie knife. Wouldn't this one be legal to carry?
I don't think you are missing anything, but the problem is the definitions of bowie, dagger, etc. AFAIK the law does not define any of those. Is a bowie simply a big honkin' knife, or does it have to be a big honkin' knife with a clip point? or with a false edge? Is a dagger really only a knife meant for stabbing, and therefore without an edge or very little edge, or can Kabar qualify as a dagger too? (and as a Bowie? Double points!)

On another board there was a discussion of this, and one of the posters cited a case in California where the judge was convinced some kind of Spyderco fell under the definition of Bowie knife... :shock:

And then there was the Texas court case about assisted opening knives being switchblades...leading to a certain law last session...

The law, statutory and case-wise, is a mess on knives. I would suggest if you carry a fixed blade of whatever size, keep it concealed too, especially if you are in downtown metropolis rather than the middle of a hunting area.

Re: Knife help

Posted: Fri Sep 25, 2009 4:22 pm
by TxD
Here's one Texas LEO that says a fixed blade under 5.5 is legal.

"To see the absolute bloody beauty of this, please understand that it is lawful in Texas to carry a fixed-blade knife as long a the blade is less than 5.5 inches in length.

Yes, Gentle Readers, you can carry a 5-inch hunting knife, but you can't carry a three-inch switchblade."

http://thelawdogfiles.blogspot.com/2006 ... -laws.html" onclick="window.open(this.href);return false;

Re: Knife help

Posted: Fri Sep 25, 2009 4:37 pm
by C-dub
Okay. I just wanted to make sure I wasn't having a senior moment. I did a quick little search for "5 inch fixed blade knife" and that little dive knife was one of the top finds. I should think that it would be easy to argue that it was not a bowie knife. After all, I also have a bowie knife that I take camping for chopping twigs and things for starting the camp fire. I've even used it to clean the fish I've caught. It raised a few eyebrows the first time i whipped that thing out to clean a trout that was only a couple inches bigger than the knife. :lol:

Re: Knife help

Posted: Fri Sep 25, 2009 5:16 pm
by Cosmo 9
I think the line that gets you is including but not limited to....

Re: Knife help

Posted: Fri Sep 25, 2009 5:18 pm
by USA1
i remember in the 80's after the Rambo movies that survival knives was all the rage .
you know the ones ..with the fishing line and matches inside the handle .

i knew of at least 2 people that had them strapped to their belt .
i don't recall what the law was at the time , but it seemed like everyone had to out do the other guy
with who had the bigger knife .

Re: Knife help

Posted: Fri Sep 25, 2009 5:20 pm
by longtooth
I am still waiting on Steve & Flint for their comments.
I will get a picture soon as I finish my day..

Re: Knife help

Posted: Fri Sep 25, 2009 5:36 pm
by wford
Actually I think 5.5 is legal not under 5.5. Also I'm one of those who thinks CHL holders are exempt from 46.02(including illegal knife or club) while carrying by 46.15. 46.02 does not apply to a person who is..... I am a person who is. :)
TxD wrote:Here's one Texas LEO that says a fixed blade under 5.5 is legal.

"To see the absolute bloody beauty of this, please understand that it is lawful in Texas to carry a fixed-blade knife as long a the blade is less than 5.5 inches in length.

Yes, Gentle Readers, you can carry a 5-inch hunting knife, but you can't carry a three-inch switchblade."

http://thelawdogfiles.blogspot.com/2006 ... -laws.html" onclick="window.open(this.href);return false;