Assisted Opening Knives - Legal in Tx?

Discussion in 'Knives, Tactical Gear, and Survival' started by SIG-SOG, Oct 4, 2009.

  1. SIG-SOG

    SIG-SOG Member

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    I've heard and read on Sigforum that assisted opening knives, or even locking blades are not legal in Tx.

    Anyone know for sure what the deal is?
     


  2. DirtyD

    DirtyD Well-Known

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    carry away....
     
  3. txinvestigator

    txinvestigator TGT Addict

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    Texas has two laws that deal with knives; penal code 46.02, unlawfully carrying weapons and 46.05, Prohibited Weapons.

    Illegal Knives are defined as;

    (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.

    They are covered under 46.02. They are illegal to carry on or about your person if you are not on your own premises or premises under your control; or if you are not inside of or directly en route to a motor vehicle that is owned by you or under the your control.​


    Switchblades are any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that:
    (A) opens automatically by pressure applied to a button or other device located on the handle; or
    (B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force..

    They are covered in 46.05 and are illegal to even posses.

    There was a new law that went into effect on Sept. 1, House Bill 4456, that added to section (B) for switchblades;

    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.
     
  4. Ranger60

    Ranger60 Active Member

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    Gonna poke my 2 cents in and hoping for clarification. First, there is a defense to prosecution that a switchblade may be dealt with as an antique or curio, but still cannot be carried.

    Second, the San Antonio and Austin gun shows often have dealers selling fully automatic knives openly with banners advertising them.

    Third, many years ago, the city of San Antonio passed an ordinance banning the carrying of lock back knives unless used in the course of your occupation. I have never heard of this being enforced.

    Any clarification or details on the above would be greatly appreciated.
     
  5. txinvestigator

    txinvestigator TGT Addict

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    Since there is no definition of those terms in the law, one must turn to the standard dictionary term;

    1an·tique
    Pronunciation: \(ˌ)an-ˈtēk\
    Function: noun
    Date: 1530
    1 : a relic or object of ancient times
    2 a : a work of art, piece of furniture[​IMG], or decorative object made at an earlier period and according to various customs laws at least 100 years ago b : a manufactured product (as an automobile) from an earlier period

    : cu·rio
    Pronunciation: \ˈkyu̇r-ē-ˌō\
    Function: noun
    Inflected Form(s): plural cu·ri·os
    Etymology: short for curiosity
    Date: 1849
    : something (as a decorative object) considered novel, rare, or bizarre : curiosity; also : an unusual or bizarre person

    That means nothing to it being illegal for YOU to possess a switchblade.

    Only those under 5 and 1/2 inches. Texas law prohibits ALL knives OVER 5 and 1/2 inches. I see a loophole.
     
  6. smschulz

    smschulz Paid for CUT TGT Supporter

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    So is it your opinion that one cannot have (defined switchblade above) in one's own home legally? or am I defining 'possess' incorrectly?
     
  7. Texas42

    Texas42 TGT Addict

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    Darn, I wanted to carry around a sword and spear. . . .

    Other than being over 5.5" long, what is a definition of a bowie knife?
     
  8. Texas1911

    Texas1911 TGT Addict

    May 29, 2017
    Austin, TX
    There is nothing to prevent military or LE from possessing a switchblade within their household. That's also the reason why dealers aren't being arrested for trying to sell a switchblade.
     
  9. Texas1911

    Texas1911 TGT Addict

    May 29, 2017
    Austin, TX
    You can legally carry a sword in your car, or have one in your household.

    Not that long ago some A&M students hacked up a robber with a sword in their garage. They weren't charged with anything I don't recall.
     
  10. txinvestigator

    txinvestigator TGT Addict

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    It is not my opinion, it is fact. Unless handled as an antique or curio. In fact, if you look at section 46.02 of the penal code, which makes it unlawful to CARRY an illegal knife, it tells you that the section does not apply in your premises. We all possess illegal knives at home (think kitchen and cooking knives) but possession is not illegal. For you to have them on or about your person would have been illegal were the exception not in place.
     

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