2013 HB 1862 - Legalizing Switchblade Knives.

[txinvestigator]

If thats the case, do you think people are celebrating prematurely? If every Texas city still has a law prohibiting carrying these switchblades than how is this a victory [at least this year]? Wouldnt i have to wait til houston lifts the ban too?

Btw-asking cause i bought a smith wesson spring assisted knife recently, which is another gray area: since it has a button to spring out the blade, is it considered a switchblade?

Where is the button? On the handle or sheath = Switchblade. On the blade somewhere= no

 

[txinvestigator]

Ok, some of these statements have me confused.

We have have a number of threads on here about how the San Antonio (and I think some Corpus law also) lock blade knife law is unenforceable due to the state saying it's ok. IIRC

Now how would this apply differently?

I do not think you have seen that stated here. Texas does not say it is "OK". The state simply does not outlaw it.

 

[tussery]

I do not think you have seen that stated here. Texas does not say it is "OK". The state simply does not outlaw it.

It was said in the CC hometown forum.

Texas state law prohibits carry of knives with blades greater than 5.5 inches. The CC ordinance also prohibits carry of knives with blades greater than 5.5 inches. In Texas any local ordinance which criminalizes activity which is already criminalized by the state is null and void. This is why the SA ordinance is written the way it is ("less than 5.5 inches").

The CC ordinance is also void because it bans knuckles, clubs, etc.

 

[txinvestigator]

It was said in the CC hometown forum.

Re-read what he wrote. He says state law does not allow cities to make it unlawful for someone to do something that the state says is already unlawful. So a state law that makes a 6 inch blade unlawful means a city cannot have a law making 6 inch blades unlawful. However, it does NOT mean that the city cannot make 3 inch blades unlawful.

Texas law specifically states that cities may not enact stricter gun laws than state law (there are some exceptions), but there is no such state law regarding knives. Texas does not have preemption for knives

 

[Bithabus]

Ok, some of these statements have me confused.

We have have a number of threads on here about how the San Antonio (and I think some Corpus law also) lock blade knife law is unenforceable due to the state saying it's ok. IIRC

Now how would this apply differently?

CC is unenforceable, SA is enforceable. The SA ordinance was carefully written.

 

[TX69]

CC is unenforceable, SA is enforceable. The SA ordinance was carefully written.

So again law a biding people should not travel to San Antonio correct?

 

[dtownmj]

Re-read what he wrote. He says state law does not allow cities to make it unlawful for someone to do something that the state says is already unlawful. So a state law that makes a 6 inch blade unlawful means a city cannot have a law making 6 inch blades unlawful. However, it does NOT mean that the city cannot make 3 inch blades unlawful.

Texas law specifically states that cities may not enact stricter gun laws than state law (there are some exceptions), but there is no such state law regarding knives. Texas does not have preemption for knives

Ok even more confused. So what does this mean for switchblade holders in plain english? It sounds like at the end of the day its still illegal to carry a switchblade after sept 1 since cities can chooseto keep the law. (Excuse my ignorance if im incorrect)

 

[txinvestigator]

So again law a biding people should not travel to San Antonio correct?

Yes, that is correct.

 

[matefrio]

Ok even more confused. So what does this mean for switchblade holders in plain english? It sounds like at the end of the day its still illegal to carry a switchblade after sept 1 since cities can chooseto keep the law. (Excuse my ignorance if im incorrect)

Just carry a single edged switchblade 5.5 inches long or shorter and be aware that some cities don't like them. If you're worried look up the city codes.

Corpus Christi and San An. are the only two I'm aware of.

 

[txinvestigator]

Ok even more confused. So what does this mean for switchblade holders in plain english? It sounds like at the end of the day its still illegal to carry a switchblade after sept 1 since cities can chooseto keep the law. (Excuse my ignorance if im incorrect)

You just have to know in what city it is unlawful.

But let's talk about city ordinances. They are class C misdemeanors, meaning the ONLY punishment is a fine. A person CAN be arrested for a Class C violation, but he can also be cited. When was the last time you were searched by the police? Why would an officer want to charge someone with a class C offense? This is what you call a risk/benefit analysis. I was a LEO for a decade in Corpus. I never enforce the knife ordinance. NEVER.

I agree the disparity between towns sucks, but it is what it is.

 

[Bithabus]

So again law a biding people should not travel to San Antonio correct?

Most people simply ignore it, including myself.

 

[Acera]

Ok, got it about the state preemption. Wondered if it applied to more than just guns. Understand now. Yeah, never been searched, don't figure to in the future either. But will realize that SA is out there...................

Thanks,

 

[tussery]

You just have to know in what city it is unlawful.

But let's talk about city ordinances. They are class C misdemeanors, meaning the ONLY punishment is a fine. A person CAN be arrested for a Class C violation, but he can also be cited. When was the last time you were searched by the police? Why would an officer want to charge someone with a class C offense? This is what you call a risk/benefit analysis. I was a LEO for a decade in Corpus. I never enforce the knife ordinance. NEVER.

I agree the disparity between towns sucks, but it is what it is.

I don't think any LEO here does. I have seen people with fixed blades being open carried. I carry a 3.5" XM-18 everyday and have never once been asked about it. It really is the last thing going through my head everyday.