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What are TX knife laws?

Posted: Fri Jun 30, 2006 7:56 pm
by bluelineman
What are the TX knife laws (length of blade)? I'm asking this in reference to carrying a knife (in place of a gun) in a place that has a 51% sign or 30.06 sign. Thanks!

Re: What are TX knife laws?

Posted: Fri Jun 30, 2006 8:35 pm
by txinvestigator
bluelineman wrote:What are the TX knife laws (length of blade)? I'm asking this in reference to carrying a knife (in place of a gun) in a place that has a 51% sign or 30.06 sign. Thanks!
Don't get caught up in the 51% sign thing. That refers to handguns only. The 30.06 sign only applies to handguns.

Texas law makes it illegal to carry on or about your person an illegal knife. That is defined as this:


Text
(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 poniard;

(D) bowie knife;

(E) sword; or

(F) spear.



A CHL does not allow you to carry an illegal knife.

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 your knife is not prohibited under one of those, then carry away.

Posted: Fri Jun 30, 2006 8:38 pm
by bluelineman
Thank you sir! :patriot:

I think I'm going to start carrying my knife a little more in the event that I have to doff my gun.

Posted: Fri Jun 30, 2006 10:24 pm
by cyphur
I've carried an CRKT M16 for about 4 years straight now, every day. Full 3.75 inch blade, about 8 inches long open.


tx, does that second quoted section also prohibit a butterfly knife. I interpret

"(B) opens or releases a blade from the handle or sheath by
the force of gravity or by the application of centrifugal force."


to mean a butterfly. Would that be correct?

Posted: Fri Jun 30, 2006 10:36 pm
by sparx
cyphur wrote:does that second quoted section also prohibit a butterfly knife. I interpret

"(B) opens or releases a blade from the handle or sheath by
the force of gravity or by the application of centrifugal force."


to mean a butterfly. Would that be correct?
Yes, since the blade swings opens via the force of gravity or the application of centrifugal force.
(didn't mean to steal the spotlight from tx... just knew the answer to that one)

Posted: Fri Jun 30, 2006 11:07 pm
by cyphur
Thought so, just wanted some clarification. Much thanks!

Posted: Sat Jul 01, 2006 1:53 am
by JohnKSa
The thing that's scary about the "gravity knife" prohibition is that nearly any well made lock blade with a blade approaching or exceeding 4" will flip open-- by the application of centrifugal force.

And, someone who's got a good grip and fast hands can probably flip open even smaller knives with some work.

I also find it interesting that "bowie knives" are prohibited without definition. What's a "bowie knife"? And why was it necessary to prohibit it specifically--that implies there can be bowie knives under 5.5" or they could just leave the length limit and forget about naming bowie knives.

I figure that practically any hunting knife with a fixed blade could be called a "bowie knife" without fear of being contradicted by the law.

In my opinion, the TX knife laws desperately need to be reworked, they're hopelessly ambiguous as they stand.

Here's my suggestion:

"Illegal knife" means a:

(A) knife with a cutting edge over five and one-half inches;

(B) hand instrument designed to cut or stab another by being thrown;

(C) double edged knife;

(D) spear;

(E) any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that is DESIGNED TO:

(a) open automatically by pressure applied to a button or other device located on the handle; or

(b) open or release a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.


Limiting the cutting edge length eliminates measuring ambiguities.

Double-edged is much clearer than prohibiting dirks, daggers, poiniards and stilletos without definition.

There's no need to prohibit bowie knives or swords under the length limit. If they're under they're good, if not, they're already illegal.

Adding the "DESIGN" requirement to the gravity knife/switchblade definition means that if your favorite knife loosens up to the point that the blade will swing open, you can still carry it.

Much simpler, much clearer, all the same things prohibited and much less room for a well-intentioned citizen with a knife to be railroaded by an overzealous cop/prosecutor.

Posted: Sat Jul 01, 2006 3:24 am
by gigag04
In a self defense situation w/o a gun, I'm not sure I'd consider using a knife. Since I have no formal knife training, I would opt for a beer bottle, or crashing a chair across somebody's back...or...my favorite...running to the truck and getting the gun.

Posted: Sat Jul 01, 2006 5:56 am
by flintknapper
JohnKSa wrote:The thing that's scary about the "gravity knife" prohibition is that nearly any well made lock blade with a blade approaching or exceeding 4" will flip open-- by the application of centrifugal force.

And, someone who's got a good grip and fast hands can probably flip open even smaller knives with some work.

I also find it interesting that "bowie knives" are prohibited without definition. What's a "bowie knife"? And why was it necessary to prohibit it specifically--that implies there can be bowie knives under 5.5" or they could just leave the length limit and forget about naming bowie knives.

I figure that practically any hunting knife with a fixed blade could be called a "bowie knife" without fear of being contradicted by the law.

In my opinion, the TX knife laws desperately need to be reworked, they're hopelessly ambiguous as they stand.

Here's my suggestion:

"Illegal knife" means a:

(A) knife with a cutting edge over five and one-half inches;

(B) hand instrument designed to cut or stab another by being thrown;

(C) double edged knife;

(D) spear;

(E) any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that is DESIGNED TO:

(a) open automatically by pressure applied to a button or other device located on the handle; or

(b) open or release a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.


Limiting the cutting edge length eliminates measuring ambiguities.

Double-edged is much clearer than prohibiting dirks, daggers, poiniards and stilletos without definition.

There's no need to prohibit bowie knives or swords under the length limit. If they're under they're good, if not, they're already illegal.

Adding the "DESIGN" requirement to the gravity knife/switchblade definition means that if your favorite knife loosens up to the point that the blade will swing open, you can still carry it.

Much simpler, much clearer, all the same things prohibited and much less room for a well-intentioned citizen with a knife to be railroaded by an overzealous cop/prosecutor.


Well done Sir. I'll vote for this!

Also:
What a shame...that in the State of Texas, the venerable "Bowie Knife" would be deemed illegal. While it does most certainly incorporate design features that make it an effective "fighting" knife, it is also well suited as a "utility knife" for sportsman...and is generally used as such.

Indeed, these laws (as written) are in dire need of change IMO.

Posted: Sat Jul 01, 2006 10:30 am
by KBCraig
My vote for changing the knife laws: eliminate them completely.

Posted: Sat Jul 01, 2006 10:35 am
by bluelineman
gigag04 wrote:In a self defense situation w/o a gun, I'm not sure I'd consider using a knife. Since I have no formal knife training, I would opt for a beer bottle, or crashing a chair across somebody's back...or...my favorite...running to the truck and getting the gun.
I agree with the last 1/2 of your statement. I just would like more options at my disposal.

Posted: Sat Jul 01, 2006 11:43 am
by txinvestigator
flintknapper wrote:
Also:
What a shame...that in the State of Texas, the venerable "Bowie Knife" would be deemed illegal. While it does most certainly incorporate design features that make it an effective "fighting" knife, it is also well suited as a "utility knife" for sportsman...and is generally used as such.

Indeed, these laws (as written) are in dire need of change IMO.
A bowie knife is legal if the person is engaged in a lawful hunting, fishing or other sporting activity and the knife is one commonly used in that activity. ;-)

Posted: Sat Jul 01, 2006 3:43 pm
by flintknapper
txinvestigator wrote:
flintknapper wrote:
Also:
What a shame...that in the State of Texas, the venerable "Bowie Knife" would be deemed illegal. While it does most certainly incorporate design features that make it an effective "fighting" knife, it is also well suited as a "utility knife" for sportsman...and is generally used as such.

Indeed, these laws (as written) are in dire need of change IMO.
A bowie knife is legal if the person is engaged in a lawful hunting, fishing or other sporting activity and the knife is one commonly used in that activity. ;-)

Correct.

The same principle holds true for my "escrima" sticks. It is lawful to have them with me as long as I am traveling to or from the Dojo or am engaged in some other (lawful) activity where I need them. But, if left in my vehicle the rest of the week, some over zealous LEO could cite me for possessing a "club".

Rather than make certain knives "illegal", perhaps it would be better to simply have stiff penalties in place if they are used in commission of a crime.

Posted: Sat Jul 01, 2006 4:42 pm
by TxFire
KBCraig wrote:My vote for changing the knife laws: eliminate them completely.
I'll second that.
:lol: