Knife laws

oldguy · May 27, 2008

Not sure where to post this, does anyone know what type of closed knife legal in Texas.?

scobech · May 29, 2008

If by closed knife you mean a folding knife, any fixed or folding knife with a blade less than five-and-a-half inches is legal. With the exception of switchblades with the button on the handle; spring loaded folders with the tab on the blade seem to be okay. Also throwing knives, double edged knives (i.e, daggers) and *sob, say it ain't so* Bowie knives. Here is (most of) the relevant text from the Texas Penal Code, Tile 10, Chapter 46:

"46.01 Definitions
(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, stilletto and poinard
(D) bowie knife;
(E) sword; or
(F) spear."

http://www.texaspolicecentral.com/2007_-_2008_Penal_Code.pdf

juwaba98 · May 29, 2008

Without trying to be a thorn in your side or sounding like I am holding anything personal against you scobech, I think you need to read on a little further regarding the "switchblade" knife. I personally used to carry the neat little Kershaw "speed assist" knife. A criminal investigator with the local sheriff's office informed me that he had checked with the ADA in our wonderful little county here and that by definition it was a switchblade. They are apparently legal to purchase and legal to own but not carry on your person. The definition of "switchblades" are covered in Sect. 46.01 (11) (A) and (B) the latter being the one the ADA decided applied to the Kershaw I carried. Needless to say I kept it but ceased carrying it because there was no reason to take the chance. Just a little more food for thought, and I swear I have nothing against you personally!

Gopher · May 29, 2008

I have heard of several folks being charged with carrying a switchblade because of this. One in the local paper was basically a guy being charged with POP but the knife was the only charge that stuck. I guess any folder that the blade will open with a flick of the wrist is considered a "gravity knife" and you could be charged for that. Depends on how bad "the man" wants you I guess.

scobech · May 30, 2008

juwaba98 said:
Without trying to be a thorn in your side or sounding like I am holding anything personal against you scobech, I think you need to read on a little further regarding the "switchblade" knife. I personally used to carry the neat little Kershaw "speed assist" knife. A criminal investigator with the local sheriff's office informed me that he had checked with the ADA in our wonderful little county here and that by definition it was a switchblade. They are apparently legal to purchase and legal to own but not carry on your person. The definition of "switchblades" are covered in Sect. 46.01 (11) (A) and (B) the latter being the one the ADA decided applied to the Kershaw I carried. Needless to say I kept it but ceased carrying it because there was no reason to take the chance. Just a little more food for thought, and I swear I have nothing against you personally!

Heh - no offense taken!

We're trying to determine the facts and get good information out. I do believe there may be some over zealous LEO's even here in Texas who would prefer to see the general populace disarmed. With "shall issue" CHL in place, that's not going to happen, but it dosesn't seem to stop some from interpreting the law in the most rigorous way possible regarding anything other than a handgun.

Personally, I have and will continue to carry what I feel is appropriate to the situation and trust to the good common sense of whatever authority I may come in contact with (a rarity verging on never so far).

juwaba98 · May 30, 2008

I truly wish you the best in that regard.

Everytime I read the laws and think, "man that's a little vague and could be easily debated", I remember a phrase the aforementioned criminal investigator told me. He would always say, "You may beat the rap but you'll never beat the ride." I always use this (and yes I realize he definitely wasn't the one who coined this phrase as it's been in use for a long, long time) to realize that while I have respect for and faith in LEO's I'm not going to find out how much it will cost me monetarily to prove that they may have been wrong.

txinvestigator · May 30, 2008

For a knife to be a switchblade it has to open by the application of centrifugal force, or by pushing a button located on the handle. I don't care what any criminal investigator thinks.

Switchblades are illegal to even posess

Texas Penal Code

46.01. Definitions.
In this chapter:

(11) "Switchblade knife" means 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.

� 46.05. Prohibited Weapons.

(a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(5) a switchblade knife;

juwaba98 · May 30, 2008

The purchase/owning thing was questionable to me but apparently since a local retailer was selling them off their shelves that was the story given. I'm still not convinced it's a switchblade but I don't wanna take the chance of getting in trouble with it. It operates by applying force to a section on the backside of the blade itself without the use of a button or anything else located on the handle and the best I can tell I think it utilizes a straight spring that receives it's tension from the closing of the knife essentially "loading it up" when you fold it until it's opened by putting pressure on the back edge of the blade. I'm sure there are many people who own a Kershaw similar as they are inexpensive little knives and are a bit of a novelty to some. Anyway, sorry for the rambling, I'll go now.

JKTex · May 30, 2008

txinvestigator said:
For a knife to be a switchblade it has to open by the application of centrifugal force, or by pushing a button located on the handle. I don't care what any criminal investigator thinks.

Switchblades are illegal to even posess

Holy cow. S0 the Buck's that were so popular back when I was in HS and beyond, '70's to early '80's, are considered illegal because you can flip them open with "centrifugal force". It was always cool once you got the "flick" down right so it would open and lock.

Otherwise, you'd flick and it could try to fold back up and catch your hand!!

SIG_Fiend · May 31, 2008

That law needs to be re-worded or repealed. I mean it's just plain stupid to outlaw switchblades in a state where you can concealed carry, and where you can legally own machineguns, etc etc.