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Is this knife legal to carry in TX?

Posted: Sat Aug 11, 2012 3:24 pm
by JeepGuy79
I really like OTF auto's and cannot carry my benchmade infidel although I can carry a gun :headscratch but anyway I bought a shrade assisted opening otf knife exactly like the one below. For a cheap knife it locks up really tight and when you open it upside down using your thumb it turns into a dagger immediately. The blade is not on par with any high dollar knife by any means but the deployment is pretty nice.

Whats the verdict? Is this thing legal?

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Re: Is this knife legal to carry in TX?

Posted: Sat Aug 11, 2012 3:27 pm
by WildBill
IANAL, but if it's a dagger, it's not legal.

Re: Is this knife legal to carry in TX?

Posted: Sat Aug 11, 2012 3:29 pm
by tacticool
If it's a "dagger" then it's an "illegal knife" and prohibited by 46.02 to carry. If it looks like a dagger but isn't one, that's different.

Re: Is this knife legal to carry in TX?

Posted: Sat Aug 11, 2012 3:29 pm
by JeepGuy79
The back side edge isnt sharp all the way down... but almost. what is tx def of a dagger?

BTW, the blade is 3.5" and the handle is 5.3" if that matters.

Re: Is this knife legal to carry in TX?

Posted: Sat Aug 11, 2012 3:34 pm
by WildBill
JeepGuy79 wrote:The back side edge isnt sharp all the way down... but almost. what is tx def of a dagger?

BTW, the blade is 3.5" and the handle is 5.3" if that matters.
IANAL. I don't know if the definition is different in Texas, but a dagger is a knife with a double-edged blade designed for stabbing.

Re: Is this knife legal to carry in TX?

Posted: Sat Aug 11, 2012 3:35 pm
by tacticool
Another thing to consider is if the assist is triggered by a button on the handle, Texas may consider it a switchblade. If the assist kicks in after pushing or pulling on the blade, I think that's not a switchblade in the new law, but IANAL.

Re: Is this knife legal to carry in TX?

Posted: Sat Aug 11, 2012 3:41 pm
by JeepGuy79
the "button" is connected to the blade and slides up with it unlike my other otf autos that the button stays in the same place on the handle and shoots the blade in and out via springs. once you kick off the safety and push the button a little ways forward the spring takes over and deploys the blade.

If the whole exposed blade = 100% when deployed then I would say 85% of it is sharp.

Re: Is this knife legal to carry in TX?

Posted: Sat Aug 11, 2012 3:44 pm
by RPB
My niece came home with a "questionable" knife she hesitated to show me and we looked and *she* decided the one she brought home was legal to own but not legal to carry so I told her I'd buy her one legal to carry.

First shopping trip (for school) I got her a small flashlight and taught her basics of using it; and bought her some metal tipped rat tail combs which will pierce an old fashioned tin can and other "non-weapon-weapons".

Months later I figured she had forgotten, and when driving past a gun store she says hey lets go in there ... well ... there she found the knife she has. (I told her not to carry it to school, she says "other kids do" I do not know school policy on carrying something to peel your oranges ... her parents know I got it for her and the other items too)

Texas does need to revise knife laws and definitions, or better yet ... repeal them.

Re: Is this knife legal to carry in TX?

Posted: Sat Aug 11, 2012 7:31 pm
by steve817
RPB wrote:
Months later I figured she had forgotten, and when driving past a gun store she says hey lets go in there ... well ... there she found the knife she has. (I told her not to carry it to school, she says "other kids do" I do not know school policy on carrying something to peel your oranges ... her parents know I got it for her and the other items too)

Texas does need to revise knife laws and definitions, or better yet ... repeal them.
A lot of schools have zero tolerance policies with weapons. I would be careful with this if I were her. I remember at least one local case where a girl was kicked out for bringing a butter knife to school in her lunch bag to do just that.

Re: Is this knife legal to carry in TX?

Posted: Sat Aug 11, 2012 7:53 pm
by RPB
steve817 wrote:
RPB wrote:
Months later I figured she had forgotten, and when driving past a gun store she says hey lets go in there ... well ... there she found the knife she has. (I told her not to carry it to school, she says "other kids do" I do not know school policy on carrying something to peel your oranges ... her parents know I got it for her and the other items too)

Texas does need to revise knife laws and definitions, or better yet ... repeal them.
A lot of schools have zero tolerance policies with weapons. I would be careful with this if I were her. I remember at least one local case where a girl was kicked out for bringing a butter knife to school in her lunch bag to do just that.
I know, I informed her how most schools are, I wouldn't doubt that at her school boys do wear knives on their belts and chewin' tobaccy can rings on the back pockets though.

Re: Is this knife legal to carry in TX?

Posted: Sat Aug 11, 2012 8:06 pm
by SpringerFan
Kind of like the Kershaw speed assist knives. I had a hpd buddy tell me they were illegal, and a Harris county deputy tell me they were legal. :headscratch

Re: Is this knife legal to carry in TX?

Posted: Sat Aug 11, 2012 8:13 pm
by Mike1951
But this one is also illegal because of the second, sharpened edge.

Even if the term dagger isn't always clear, two sharpened edges is a no-no.

Re: Is this knife legal to carry in TX?

Posted: Sat Aug 11, 2012 8:15 pm
by RPB
Mike1951 wrote:But this one is also illegal because of the second, sharpened edge.

Even if the term dagger isn't always clear, two sharpened edges is a no-no.
makes it dangerous-er :lol:
we really need to real the stupid laws, and pass a preemption knife law.
It gets tiring keeping dead fish in my pocket so my long fillet knife is legal ...and the smell lowers my car's trade-in value.
:grumble

Re: Is this knife legal to carry in TX?

Posted: Sat Aug 11, 2012 8:34 pm
by jmorris
Illegal in San Antonio :roll:

I haven't talked to a SA LEO yet who's been aware that that law is on the books.

Re: Is this knife legal to carry in TX?

Posted: Sat Aug 11, 2012 9:30 pm
by srothstein
WildBill wrote:I don't know if the definition is different in Texas, but a dagger is a knife with a double-edged blade designed for stabbing.
This is the definition of dagger that I was taught in the academy also. Any knife that has two sharpened edges and is designed to cut by stabbing. I think most officers would only worry about the first part of the second edge. If it is sharpened far enough to cover the curved tip, it is two sharp edges. It would not have to have the second edge sharpened all the way up.