What are TX knife laws?

[Paladin]

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]

You can read up about Texas Weapon laws here:

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

awsome... thanks for that.


so by this definition:

• (C) dagger including but not limited to a dirk, stiletto, and poniard;
  
  Armendariz v. State, 396 S.W.2d 132 (Tex. Crim. App. 1965) A knife slightly over seven
  inches in length when open, equipped with a double guard, blade that locks open and is
  sharpened on both sides of blade for over an inch meets the definition of a dagger.

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

[JohnKSa]

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.

It would appear that a single-edged blade doesn't qualify, but that's about all I'm sure of.

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.

[Paladin]

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.

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.

[fm2]

I am all in favor of the CHL being made into a CWP.

It goes against all logic to trust a person with one deadly tool and not another one because of popularity or the way it looks. Not that Laws have much to do with logic.

[Gradyk]

The law states. "PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club."

OK I understand that. Then someone showed me this.

PC §46.15. NONAPPLICABILITY. (b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued
under Article 4413(29ee), Revised Statutes, to carry a concealed
handgun of the same category as the handgun the person is carrying;

Question? IF you are carry per b6, that is you have your gun, and license. Then 46.02 does not apply. That's what allows us to concealed carry, however, the law doesn't state that just the portion of the law (section) addressing handgun does not apply, it says 46.02. In pure reading of the law, if I'm carrying I could also have on my person an illegal knife (not Swichblade that's 46.05) or club or both!

Does anyone know of any case law? I couldn't give the person an answer.

[txinvestigator]

The law states. "PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club."

OK I understand that. Then someone showed me this.

PC §46.15. NONAPPLICABILITY. (b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued
under Article 4413(29ee), Revised Statutes, to carry a concealed
handgun of the same category as the handgun the person is carrying;

Question? IF you are carry per b6, that is you have your gun, and license. Then 46.02 does not apply. That's what allows us to concealed carry, however, the law doesn't state that just the portion of the law (section) addressing handgun does not apply, it says 46.02. In pure reading of the law, if I'm carrying I could also have on my person an illegal knife (not Swichblade that's 46.05) or club or both!

Does anyone know of any case law? I couldn't give the person an answer.

\\it is a Concealed Handgun License, not a concealed weapon license. And if you look at the other exceptions in 46.15, the others don't mention carrying a handgun. Why, if you were allowed to carry a club or illegal knife WITH your concealed handgun, would they NOT let you carry such if you are not carrying your handgun?

It is clear to me that a CHL only allows the carry of a handgun

Do a search here and you will see this discussed to death.

[bluelineman]

My suggestion: Make the CHL a true CWP, like in Arizona.

Florida's is a CWP license.

BTW, I ended up getting a CRKT M16 knife at Wally World for $30. I like it so far. It's been pretty handy.

[Derf00]

Texas Law also makes it illegal to even posses a switchblade knife, defined as;


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.

If this is the case, why is it legal to sell butterfly knives in Mall shops?

[KBCraig]

If this is the case, why is it legal to sell butterfly knives in Mall shops?

Because it's a stupid law that no one cares to enforce. It's an add-on charge, or one of those "I can't make a case on anything else, so I'll arrest them for this and see what else we can come up with" laws.

UCW used to be in that same category, then about 20-25 years ago, police started enforcing it equally, instead of against "those people" for whom it was intended.

That's not a bad thing, because it forced a turn of events where we now have a legal way to carry. Even "those people" can now safely carry without worry of being arrested. The best way to get rid of bad laws is to enforce them universally, with no exceptions.

(All gun control laws have racist roots. Yet another reason to overturn them.)

Kevin