How long is legal for a knife
Posted: Sun Oct 28, 2012 8:05 pm
How long can a pocket knife be without being illegal?
Thanks
Thanks
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Penal Code 46.01 wrote:(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.
Penal Code 46.01 wrote:(11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath and that opens automatically by pressure applied to a button or other device located on the handle or opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force. The term does not include a knife that has a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife.
The tricky part is, what is considered the blade. Is it only the sharp part? Or is it the length of the piece that also has the sharp part?carlson1 wrote:The way I read what you posted is "the blade" can't be more than 5" not the total knife. LEO gave me wring information tonigt (sshock), after a fifteen minute traffi stop and lecture. He said it was my lucky night to get to keep my knife I am just not to carry it again.
It is a Kershaw and the total length is 5".
San Antonio only restricted lock blades under 5-1/2" because they knew State law prohibits carrying a knife over 5-1/2" blade, and that's an attempt to disallow any lock blade in the city (see the code of ordinances in a post I made below) but ... mine are exactly 5-1/2" so I'm legal everywhereC-dub wrote:The tricky part is, what is considered the blade. Is it only the sharp part? Or is it the length of the piece that also has the sharp part?carlson1 wrote:The way I read what you posted is "the blade" can't be more than 5" not the total knife. LEO gave me wring information tonigt (sshock), after a fifteen minute traffi stop and lecture. He said it was my lucky night to get to keep my knife I am just not to carry it again.
It is a Kershaw and the total length is 5".
Also, San Antonio gets even stranger. I think they restrict all folding knives of any length if they lock open.
That's why I carry:http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;
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.
video reviews of the 5-1/2" blade Cold Steel Voyager XL knives with various blade shapesBlade length: 5.5"
Blade Width: .157"
Closed Length: 6.75"
Overall Length: 12.25"
http://library.municode.com/showDocumen ... 66&docID=1" onclick="window.open(this.href);return false;Sec. 21-155. - Possession of knife.permanent link to this piece of content
It shall be unlawful for any person under the age of seventeen (17) to possess or carry any knife on a public roadway or public right-of-way; on any other property in which a governmental entity has an interest; or on private property without the permission of the owner or the person in control of the property within the city limits of the City of San Antonio.
(Ord. No. 79328, § 5, 12-16-93)
Cross reference— Certain knives prohibited generally; exceptions, § 21-17.
Sec. 21-17. - Certain knives prohibited generally; exceptions; penalty for violation.permanent link to this piece of content
(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 (5½) 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)
Cross reference— Regulation of firearms and weapons, § 21-151 et seq.; possession of a knife, § 21-155.
Sec. 21-157. - Carrying of weapons, including concealed handguns, on city-owned premises prohibited; posting of notice.permanent link to this piece of content
(a)
It is the intent of the city council to prohibit any person other than a commissioned security officer employed by the city and licensed peace officers from carrying or possessing weapons including concealed handguns on city-owned premises, including city-owned buildings, parking garages, lots, and other parking areas but excluding city-owned or operated public parks, streets and sidewalks.
(b)
It is the intent of the city council that the term weapon shall include a firearm, handgun, club, illegal knife, knife, and any prohibited weapon listed in Texas Penal Code Section 46.05(a) and have the same meaning as said items are defined in Section 46.01, Texas Penal Code.
(c)
The city council directs the city manager, or his designee to post the appropriate signs and such other notice, in accordance with Section 30.05 of the Texas Penal Code (the Criminal Trespass Law), to carry out the city council's above-stated intent.
(d)
The city manager is authorized to take all steps reasonable and necessary to deny entry or continued presence on city-owned premises to all such persons possessing weapons including concealed handguns, including prosecution of such violators for the offense of criminal trespass.
(Res. No. 95-52-66, 12-21-95)
Editor's note—
Provisions enacted by Res. No. 95-52-66, adopted Dec. 21, 1995, have been included herein at the discretion of the editor as § 21-157
I believe he is completely mistaken if his reason was for lengthcarlson1 wrote:The way I read what you posted is "the blade" can't be more than 5" not the total knife. LEO gave me wring information tonigt (sshock), after a fifteen minute traffi stop and lecture. He said it was my lucky night to get to keep my knife I am just not to carry it again.
It is a Kershaw and the total length is 5".
carlson1 wrote:The way I read what you posted is "the blade" can't be more than 5" not the total knife. LEO gave me wring information tonigt (sshock), after a fifteen minute traffi stop and lecture. He said it was my lucky night to get to keep my knife I am just not to carry it again.
It is a Kershaw and the total length is 5".
The State Police that patrols the State Park outside of Grand Prairie stopped me. He had me empty all of my contents on the hood of his car. His reasoning was of course his "safety." I did run a stop sight in his parkOldgringo wrote:carlson1 wrote:The way I read what you posted is "the blade" can't be more than 5" not the total knife. LEO gave me wring information tonigt (sshock), after a fifteen minute traffi stop and lecture. He said it was my lucky night to get to keep my knife I am just not to carry it again.
It is a Kershaw and the total length is 5".How did the LEO know you had a knife?
Wait, wait, wait. HE was concerned for HIS safety, so he had YOU empty your OWN pockets????carlson1 wrote:He had me empty all of my contents on the hood of his car. His reasoning was of course his "safety."