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Pocket Carry Of Fixed Blade Knife
Posted: Tue Mar 13, 2007 9:41 am
by casingpoint
Can one pocket carry a fixed blade knife in Texas up to 5.5 inches without being in violation?
Posted: Tue Mar 13, 2007 10:15 am
by kauboy
"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.
Enjoy!
Might want this too:
§ 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.
(b) It is a defense to prosecution under this section that
the actor's conduct was incidental to the performance of official
duty by the armed forces or national guard, a governmental law
enforcement agency, or a correctional facility.
(c) It is a defense to prosecution under this section that
the actor's possession was pursuant to registration pursuant to the
National Firearms Act, as amended.
(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; or
(2) was incidental to dealing with armor-piercing
ammunition solely for the purpose of making the ammunition
available to an organization, agency, or institution listed in
Subsection (b).
(e) An offense under this section is a felony of the third
degree unless it is committed under Subsection (a)(5) or (a)(6), in
which event, it is a Class A misdemeanor.
(f) It is a defense to prosecution under this section for
the possession of a chemical dispensing device that the actor is a
security officer and has received training on the use of the
chemical dispensing device by a training program that is:
(1) provided by the Commission on Law Enforcement
Officer Standards and Education; or
(2) approved for the purposes described by this
subsection by the Texas Private Security Board of the Department of
Public Safety.
(g) In Subsection (f), "security officer" means a
commissioned security officer as defined by Section 1702.002,
Occupations Code, or a noncommissioned security officer registered
under Section 1702.221, Occupations Code.
Re: Pocket Carry Of Fixed Blade Knife
Posted: Tue Mar 13, 2007 10:24 am
by KBCraig
casingpoint wrote:Can one pocket carry a fixed blade knife in Texas up to 5.5 inches without being in violation?
By state law, yes; there is no restriction on means or method of carry.
Some cities have their own restrictions, though. There is no preemption on knife laws like there is on gun laws. San Antonio bans locking blades, IIRC.
Kevin
Posted: Tue Mar 13, 2007 10:31 am
by GlockenHammer
If it is sharpened on both sides, that is what makes it a dirk or dagger, right? If so, any length is illegal.
Re: Pocket Carry Of Fixed Blade Knife
Posted: Tue Mar 13, 2007 11:02 am
by Skiprr
KBCraig wrote:Some cities have their own restrictions, though. There is no preemption on knife laws like there is on gun laws. San Antonio bans locking blades, IIRC.
Something
else I wasn't aware of.
And I've walked around in SA with a folding lock-back in my pocket.
Anybody know of any centralized resource that tries to keep up with such local ordinances in Texas and posts them to help us, the uninformed, from unwittingly committing a crime?
Posted: Tue Mar 13, 2007 11:23 am
by AggieMM
Not to get too off-topic, but the San Antonio ban peaked my interest. I did a quick search and found this thread and Municipal Code on:
http://www.thehighroad.org/showthread.php?t=256635
The municipal code is:
Sec. 21-17. Certain knives prohibited generally; exceptions; penalty for violation.
(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 (5 1/2) 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)
Wow, so any knife that locks open? That includes a lot of knives. I wonder if all visitors to Fiesta Texas, Alamo, Sea World, Rive Walk, etc would be exempt by the "traveling" clause?
Ryan
Posted: Tue Mar 13, 2007 11:24 am
by kauboy
GlockenHammer wrote:If it is sharpened on both sides, that is what makes it a dirk or dagger, right? If so, any length is illegal.
Any double sided knife is illegal to carry in Texas, length notwithstanding. I didn't know this and actually carried a boot knife for quite a while when I was younger.
Posted: Tue Mar 13, 2007 1:09 pm
by casselthief
kauboy wrote:"Illegal knife" means a:
HEY! you're spoda highlight the important parts!
Posted: Tue Mar 13, 2007 2:42 pm
by Thane
kauboy wrote:GlockenHammer wrote:If it is sharpened on both sides, that is what makes it a dirk or dagger, right? If so, any length is illegal.
Any double sided knife is illegal to carry in Texas, length notwithstanding. I didn't know this and actually carried a boot knife for quite a while when I was younger.
I too carry a boot knife, although not a double-edged one.
S&W has a "trademarked" line of knives, including several boot knives. Some of these knives are available with a "faux edge." Essentially, it's a double-edged blank that was only sharpened on one side. To understanding, that makes it a "single-edge."
I went looking for this knife on S&W's website, so I could provide a link, but they don't seem to have it in their online catalog. I got it at Sportsmans' Warehouse, though.
Posted: Tue Mar 13, 2007 6:12 pm
by casingpoint
Smith and Wesson knives as well as the Schrade/Old Timer/Uncle Henry lines can be found at
http://www.taylorbrandsllc.com/ and purchased online.
Posted: Tue Mar 13, 2007 6:19 pm
by flintknapper
S&W has a "trademarked" line of knives, including several boot knives. Some of these knives are available with a "faux edge." Essentially, it's a double-edged blank that was only sharpened on one side. To understanding, that makes it a "single-edge."
I went looking for this knife on S&W's website, so I could provide a link, but they don't seem to have it in their online catalog. I got it at Sportsmans' Warehouse, though.
My daughter has this one clipped to the visor of her car. It has a "false edge" and is legal, but I'm not sure all LEO would be aware of that.
http://store.usefulknives.com/products/SWHRT3BF.html
Posted: Tue Mar 13, 2007 6:28 pm
by TIN BENDER
Forgive me but Kauboy mentioned in his post $ 46.05. (8) Chemical dispense stuff. Is pepper spray excluded ??
Re: Pocket Carry Of Fixed Blade Knife
Posted: Tue Mar 13, 2007 6:31 pm
by GrillKing
KBCraig wrote:Some cities have their own restrictions, though. There is no preemption on knife laws like there is on gun laws. San Antonio bans locking blades, IIRC.
So, in San Antonio you can carry a fixed blade knife with a 5.5" blade but a 1" blade 'Swiss Army Knife' key chain is illegal.
Makes sense to me, wouldn't want anyone cutting any loose threads off their clothes to keep them from unraveling.
Posted: Tue Mar 13, 2007 6:58 pm
by txinvestigator
TIN BENDER wrote:Forgive me but Kauboy mentioned in his post $ 46.05. (8) Chemical dispense stuff. Is pepper spray excluded ??
The penal code also defines chemical dispensing device;
Texas Penal Code
46.01 Definitions
(14) "Chemical dispensing device" means a device, other than
a small chemical dispenser sold commercially for personal protection,
that is designed, made, or adapted for the purpose of dispensing a
substance capable of causing an adverse psychological or physiological
effect on a human being.
So no, pepper spray you can buy for self-protection is noy illegal.
Posted: Tue Mar 13, 2007 7:19 pm
by TIN BENDER
THANK YOU. Some of this gets plum' hard to understand. I'm gettin' a good education here. Thank you.