Knife laws

[oldguy]

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

 

[scobech]

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]

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]

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]

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]

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]

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]

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]

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]

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.

 

[iratollah]

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

Actually, it is legal to own a switchblade, you just can't carry them. Swordcanes are the same, you can own, just can't carry.

Sec. 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;

(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;

Unfortunate law because in many instances a switchblade is actually safer to handle since you can open and close with one hand. I think switchblades are illegal because of West Side Story. And the law about swordcanes is odd, I can carry a hidden gun but not a hidden sword.

 

[JKTex]

Actually, it is legal to own a switchblade, you just can't carry them. Swordcanes are the same, you can own, just can't carry.

Sec. 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;

(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;

Unfortunate law because in many instances a switchblade is actually safer to handle since you can open and close with one hand. I think switchblades are illegal because of West Side Story. And the law about swordcanes is odd, I can carry a hidden gun but not a hidden sword.

Kinda reads like it's not limited to carrying on one's person, but simply possessing one?

 

[txinvestigator]

Actually, it is legal to own a switchblade, you just can't carry them. Swordcanes are the same, you can own, just can't carry.

Sec. 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;

(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;

.

That does not mean you can own a switchblade. Antique or curio does not mean a brand new knife you bought at the mall. And an affirmative defense to prosecution is one you get to assert in court after being charged with the crime. It is not an exception to or non-applicability to the law. It is not a defense FROM prosecution.

You would have to prove that the knife was an antique or curio.

 

[iratollah]

And an affirmative defense to prosecution is one you get to assert in court after being charged with the crime. It is not an exception to or non-applicability to the law. It is not a defense FROM prosecution.

You would have to prove that the knife was an antique or curio.

Curio is defined as: any unusual article, object of art, etc., valued as a curiosity

My experience from engaging law enforcement in my (successful) efforts to disrupt a local hate group is that if there is an affirmative defense then you will not be able to get city prosecutor to prosecute, thus police are reluctant to cite.

From all of my conversations with DA's and LEOs, you can own a switchblade, you just can't have it on you. So you better not get caught with it on your way home from buying it.

 

[JKTex]

Curio is defined as: any unusual article, object of art, etc., valued as a curiosity

My experience from engaging law enforcement in my (successful) efforts to disrupt a local hate group is that if there is an affirmative defense then you will not be able to get city prosecutor to prosecute, thus police are reluctant to cite.

From all of my conversations with DA's and LEOs, you can own a switchblade, you just can't have it on you. So you better not get caught with it on your way home from buying it.

But according to above, it's illegal to sell so you can't legally buy.

 

[txinvestigator]

Curio is defined as: any unusual article, object of art, etc., valued as a curiosity

According to Merriam Webster;



Main Entry: 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

My experience from engaging law enforcement in my (successful) efforts to disrupt a local hate group is that if there is an affirmative defense then you will not be able to get city prosecutor to prosecute, thus police are reluctant to cite.

As a former LE; IF it is clear that the affirmative defense exists then many prosecutors are reluctant to file. I don't believe that a newly purchased switchblade is a curio. However, how is LE going to discover it in your house?

And if it IS a curio, then you can also carry it. Carrying a switchblade is not listed as a prohibited act; possessing one is.

From all of my conversations with DA's and LEOs, you can own a switchblade, you just can't have it on you. So you better not get caught with it on your way home from buying it.

It is clear by the law that if you can "own" one you can carry it. As I already wrote, carry is not prohibited, possession is. Possession is defined in the penal code as;



actual care, custody, control, or management.

All of the LEOS and DAs I know agree.

 

[iratollah]

Well 46.05 also says I can't own an SBR, silencer or machine gun, yet how many folks on this forum have legal possession of one of the aforementioned? In these cases there is a defense to prosecution as well, so what's the difference?

 

[txinvestigator]

Well 46.05 also says I can't own an SBR, silencer or machine gun, yet how many folks on this forum have legal possession of one of the aforementioned? In these cases there is a defense to prosecution as well, so what's the difference?

Great question. Switchblades are only defensible as an antique or curio. NFA items are defensible if pursuant to the NFA;

Texas Penal Code



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.

Having the NFA paperwork makes it clear that the conduct is obviously within the defense.

 

[htxred]

i was under the understanding that so long as you filled out the paper work to be considered a collector, you're good on owning and selling, but you can only sell th law enforcement and military.

Sig sauer sent some switch/auto knives over to shiloh, they can only sell to military/law enforcement...

 

[htxred]

But according to above, it's illegal to sell so you can't legally buy.

its illegal to sell too? the gunshow at the GRB here in houston has a booth that sells knives with buttons on them that when you push it, a blade pops up outta no where!!! wth im confused!