TexasCHLforum.com

JohnKSa wrote:

having a folding knife without a guard that meets the lenghth requirement and is double edged is perfectly legal????

I don't think you can say that. What they've done is declared this particular knife is illegal because it is a dagger. I don't think that declaration implies that any knife that doesn't meet the same description is legal.

I think this just provides one more addition to the list of things that a dagger can be. But I think the list still only includes the items but is not limited to the items. I.e. it MEETS the definition of a dagger, but does not exclusively define what a dagger is.

Yep.

JohnKSa wrote: BTW, I don't think that a switchblade is illegal to OWN, anymore than a dagger is illegal to own. You just can't carry one in public.

Nope. Switchblades in Texas are illegal to own... unless maybe it's an "antique or curio"

"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
...
(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.
...
(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 shortbarrel firearm solely as an antique or curio; or
...
(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.

pastor1 wrote:Getting back to weapons I'm familiar with (I don't even know what some of those special named knives and clubs are), I was told by the head of our local DPS that a switch knife is not prohibited as long as you have the use of only one arm due to being physically disabled (could someone varify this?). He also said these weapons are legal to have in your home, just not on your person. Years ago I was a security guard. I know the laws have changed for the "rent a cops", but back then we could carry any impact or edged weapen we wanted to including numb chucks, switch blades, and any type of club or nightstick. I had no idea it was against the law for me to carry a club in my truck, CHL not withstanding. I guess a baseball bat would be legal since it's not specifically designed as a weapon!?

You can read up about Texas Weapon laws here:

http://dao-web.dao.hctx.net/ie/TEXAS%20 ... 20LAWS.pdf

Switchblades are prohibited to own/carry. Clubs and such are generally illegal to carry.

A baseball bat or Maglite is okay to carry as they are not designed to be a club.

Some case law:

"Alexander v. State, 617 S.W.2d 269 (Tex. Crim. App. 1981) “The fact that an object is capable of inflicting serious bodily injury or death alone does not bring the object within the definition of club.� “Instruments readily capable of inflicting serious bodily injury but not specifically designed to do so, such as baseball bats and rolling pins, are excluded, if
a person carrying one of them has intent to use them to inflict injury and his criminal design progresses far enough, however, he can be prosecuted for an attempted or completed assault.� The court then found a nylon cord attached to a twelve-inch motorcycle chain was insufficient adaptation to find it to be a club under the statute. Same result in a case where defendant possessed a “tire knocker� (18 inch long piece of
hickory with a leather thong tied through handle) used to check air pressure in truck tires. It was not specially designed, made or adapted for the purpose of inflicting death or serious bodily injury by striking a person. Coleman v. State, 790 S.W.2d 369 (Tex. App.-
Dallas 1990). Items that can be used to commit assault such as baseball bats are not clubs because they are not adapted for the purpose. However a sock with a roll of coins in it has been adapted for the purpose so could be a club."

therooster wrote:

JohnKSa wrote: (C) double edged knife;

why would you want a double edged knife illegal?

Only illegal to carry.

Don't 'ca know that they're "weapons of war" who's "only use is killing"