Knife laws of Texas

[Doug.38PR]

I noticed that carrying of a Bowie Knife (strange considering it's one of our state's most famous icons due to the hero who used it), spring assisted knives, double edged knives, throwing knives etc. are illegal in the Lone Star State. Yet over in Louisiana, some of these same knives are perfectly legal to carry I believe. Why is this? When did all these regulations on knives in Texas take hold? Some left wing breeze blowing out of Austin back in the 60s or something?

I just checked Louisiana law, it isn't as specific, it does list spring assisted knives BUT:

Louisiana - R.S. 14:95. Illegal carrying of weapons is...
(1) The intentional concealment of any firearm, or other
instrumentality customarily used or intended for probable
use as a dangerous weapon, on one's person; or
(4) The manufacture, ownership, possession, custody or use
of any switchblade knife, spring knife or other knife or
similar instrument having a blade which may be
automatically unfolded or extended from a handle by the
manipulation of a button, switch, latch or similar
contrivance...

OWNERSHIP. that is REALLY strange not two years ago I bought a spring assisted knife from a gunshow in West Monroe from someone who had a bunch of similar knives right across the table.
I also bought from this man a double edge short knife with a ankle or belt holster clearly designed for concealed carry for protection. Obviously illegal according to Texas law as it falls under double edge or throwing knife, but according to Louisiana Law, both of these are illegal to carry (in fact according to the law my simple pocketknife is illegal to carry) and one of them is illegal to own.

[seamusTX]

Those laws go back to Reconstruction. There is a certain racial and ethnic bias behind them.

Knife laws are extrememly variable. A knife that is perfectly legal in one area could get you a felony charge in another. I'm talking here about other states -- in Texas, a county or municipality cannot create criminal offenses other than class C misdemeanors.

- Jim
[Edited for clarification]

[Doug.38PR]

Even within Texas I understand. From what I know, it is illegal in San Antonio to carry a pocket knife that locks open whereas in the rest of the state it is perfectly legal.

You sure they go back to reconstruction? Switchblade knives didn't even exist back then.
Assuming they do, were they passed to reconstruction carpetbag government to disarm whites in the South. Such as a riverboat gambler with a knife or pocketpistol or a gentleman with a concealed sword cane or a cracker in the swamp or woods with a bowie knife to his belt? There were also laws passed back then to keep former black slaves from carrying cheap guns (some say that's where the term Saturday Night Special came from) and weapons.

[flintknapper]

I noticed that carrying of a Bowie Knife (strange considering it's one of our state's most famous icons due to the hero who used it), spring assisted knives, double edged knives, throwing knives etc. are illegal in the Lone Star State. Yet over in Louisiana, some of these same knives are perfectly legal to carry I believe. Why is this? When did all these regulations on knives in Texas take hold? Some left wing breeze blowing out of Austin back in the 60s or something?

I just checked Louisiana law, it isn't as specific, it does list spring assisted knives BUT:

Louisiana - R.S. 14:95. Illegal carrying of weapons is...
(1) The intentional concealment of any firearm, or other
instrumentality customarily used or intended for probable
use as a dangerous weapon, on one's person; or
(4) The manufacture, ownership, possession, custody or use
of any switchblade knife, spring knife or other knife or
similar instrument having a blade which may be
automatically unfolded or extended from a handle by the
manipulation of a button, switch, latch or similar
contrivance...

OWNERSHIP. that is REALLY strange not two years ago I bought a spring assisted knife from a gunshow in West Monroe from someone who had a bunch of similar knives right across the table.
I also bought from this man a double edge short knife with a ankle or belt holster clearly designed for concealed carry for protection. Obviously illegal according to Texas law as it falls under double edge or throwing knife, but according to Louisiana Law, both of these are illegal to carry (in fact according to the law my simple pocketknife is illegal to carry) and one of them is illegal to own.

IMO... many of the current knife laws are quite antiquated (if not down right ridiculous) and in dire need of change/review.

Also, as a point of clarification, "spring assisted" knives are not necessarily illegal. Only if their construction falls under the description of a "switch blade" does it apply.

(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.

[aardwolf]

When did all these regulations on knives in Texas take hold? Some left wing breeze blowing out of Austin back in the 60s or something?

The 1860s. Like someone said, it's based on racism and prejudice. Like the Sullivan laws in NY passed to keep guns away from the Italians and the Jews.

[PUCKER]

I can tell you first-hand about about UCW/knives here in Texas.

Here's my story, the long and short of it was that I had a double-edge dagger (apparently illegal in Texas) in my vehicle - I've had this thing since I was 10 years old, my dad bought it for me (grew up in Ohio, where they apparently grew on trees) - it was my boot knife...I had it in my tool box in my old mustang - I kept on putting more and more tools in the toolbox, it got too full...so I put the knife in my glovebox (in retrospect - not a good place for it)....

So flash forward....I'm 20 at the time, a college student that was living at home sometimes, I get pulled over in my hometown for "no front license plate" on the stang...cop asks for DL and insurance - I go to get insurance out of glove box, open it up, the dagger falls out onto the floor, I am NOT reaching for it, I recoil back...the cop (rookie) literally stains his britches...he draws down on me with his sidearm and starts yelling "get out of the car, hands behind your back, etc..." He totally freaks out - cuffs and stuffs me, tows the car, I get booked in, have to spend the night because there is no judge there to arraign me (small town) - my dad goes down there and raises mucho stink with the sgt on duty, it doesn't help - the next day I get arraigned - my dad goes in and verbally beats on the chief of police - the chief admits "yes, a rookie mistake, sorry" and they drop the UCW charges and give me my knife back - of course they have now defaced it - it has the case number etched on it - I still have it, in the evidence bag. Like I told the cop (after I was in "custody" - and I said this as matter of factly/and as sincerely as I could) - if I was going to stab you, you'd already be bleeding out, the knife fell out of the glove box, pure and simple....best part about it is the guys name:

Officer Music....Officer Gaylon Music....His parents must've really had it in for him, how could you name your kid that?? That's gotta be tough. Does "Boy named Sue" come to mind?

I've run into him a few times in years past - he moved over to to next town over, which is next to where I live now. I should also mention that this rookie made quite a bad mistake - while doing inventory of my personal belongings he started to go through my wallet and was writing down my credit card NUMBERS until I quite vocally objected....sheeesh! Anyway, that was over 15 years ago...I think everyone should get arrested once, gives you a unique perspective. I say that sort of tongue-in-cheek.

Now I just carry a perfectly legal (yet MUCH deadlier, at least in my opinion) S&W tactical pocket knife, part serrated, part "normal" blade.

[seamusTX]

You sure they go back to reconstruction? Switchblade knives didn't even exist back then.

The basic law against carrying a handgun, knife longer than X inches, dagger, club, etc., goes back that far. Here's a reference: http://davekopel.org/2A/LawRev/MillerVersusTexas.htm

The penal code was rewritten in the 1970s. I suppose switchblades were added whenever they were invented.

- Jim

[flintknapper]

I can tell you first-hand about about UCW/knives here in Texas.

Here's my story, the long and short of it was that I had a double-edge dagger (apparently illegal in Texas) in my vehicle - I've had this thing since I was 10 years old, my dad bought it for me (grew up in Ohio, where they apparently grew on trees) - it was my boot knife...I had it in my tool box in my old mustang - I kept on putting more and more tools in the toolbox, it got too full...so I put the knife in my glovebox (in retrospect - not a good place for it)....

So flash forward....I'm 20 at the time, a college student that was living at home sometimes, I get pulled over in my hometown for "no front license plate" on the stang...cop asks for DL and insurance - I go to get insurance out of glove box, open it up, the dagger falls out onto the floor, I am NOT reaching for it, I recoil back...the cop (rookie) literally stains his britches...he draws down on me with his sidearm and starts yelling "get out of the car, hands behind your back, etc..." He totally freaks out - cuffs and stuffs me, tows the car, I get booked in, have to spend the night because there is no judge there to arraign me (small town) - my dad goes down there and raises mucho stink with the sgt on duty, it doesn't help - the next day I get arraigned - my dad goes in and verbally beats on the chief of police - the chief admits "yes, a rookie mistake, sorry" and they drop the UCW charges and give me my knife back - of course they have now defaced it - it has the case number etched on it - I still have it, in the evidence bag. Like I told the cop (after I was in "custody" - and I said this as matter of factly/and as sincerely as I could) - if I was going to stab you, you'd already be bleeding out, the knife fell out of the glove box, pure and simple....best part about it is the guys name:

Officer Music....Officer Gaylon Music....His parents must've really had it in for him, how could you name your kid that?? That's gotta be tough. Does "Boy named Sue" come to mind?

I've run into him a few times in years past - he moved over to to next town over, which is next to where I live now. I should also mention that this rookie made quite a bad mistake - while doing inventory of my personal belongings he started to go through my wallet and was writing down my credit card NUMBERS until I quite vocally objected....sheeesh! Anyway, that was over 15 years ago...I think everyone should get arrested once, gives you a unique perspective. I say that sort of tongue-in-cheek.

Now I just carry a perfectly legal (yet MUCH deadlier, at least in my opinion) S&W tactical pocket knife, part serrated, part "normal" blade.

I am surprised they dropped the charge. You were indeed in violation.

[jbirds1210]

I can tell you first-hand about about UCW/knives here in Texas.

Here's my story, the long and short of it was that I had a double-edge dagger (apparently illegal in Texas) in my vehicle - I've had this thing since I was 10 years old, my dad bought it for me (grew up in Ohio, where they apparently grew on trees) - it was my boot knife...I had it in my tool box in my old mustang - I kept on putting more and more tools in the toolbox, it got too full...so I put the knife in my glovebox (in retrospect - not a good place for it)....

So flash forward....I'm 20 at the time, a college student that was living at home sometimes, I get pulled over in my hometown for "no front license plate" on the stang...cop asks for DL and insurance - I go to get insurance out of glove box, open it up, the dagger falls out onto the floor, I am NOT reaching for it, I recoil back...the cop (rookie) literally stains his britches...he draws down on me with his sidearm and starts yelling "get out of the car, hands behind your back, etc..." He totally freaks out - cuffs and stuffs me, tows the car, I get booked in, have to spend the night because there is no judge there to arraign me (small town) - my dad goes down there and raises mucho stink with the sgt on duty, it doesn't help - the next day I get arraigned - my dad goes in and verbally beats on the chief of police - the chief admits "yes, a rookie mistake, sorry" and they drop the UCW charges and give me my knife back - of course they have now defaced it - it has the case number etched on it - I still have it, in the evidence bag. Like I told the cop (after I was in "custody" - and I said this as matter of factly/and as sincerely as I could) - if I was going to stab you, you'd already be bleeding out, the knife fell out of the glove box, pure and simple....best part about it is the guys name:

Officer Music....Officer Gaylon Music....His parents must've really had it in for him, how could you name your kid that?? That's gotta be tough. Does "Boy named Sue" come to mind?

I've run into him a few times in years past - he moved over to to next town over, which is next to where I live now. I should also mention that this rookie made quite a bad mistake - while doing inventory of my personal belongings he started to go through my wallet and was writing down my credit card NUMBERS until I quite vocally objected....sheeesh! Anyway, that was over 15 years ago...I think everyone should get arrested once, gives you a unique perspective. I say that sort of tongue-in-cheek.

Now I just carry a perfectly legal (yet MUCH deadlier, at least in my opinion) S&W tactical pocket knife, part serrated, part "normal" blade.

I am surprised they dropped the charge. You were indeed in violation.

I agree that you were lucky......very lucky after sharing the above statement with the officer. I would have likely taken that as a bit hostile. I am glad things worked out for you.

Jason

[PUCKER]

I agree that you were lucky......very lucky after sharing the above statement with the officer. I would have likely taken that as a bit hostile. I am glad things worked out for you.

Jason

That statement was made during booking...I was being honest - I'm just that way...basically telling the guy that had I intended him harm it would've turned out differently, for both of us. I wasn't exactly a fan of him drawing down on me for a knife falling out of my glovebox, but like I said, lesson learned. What's that saying? I'd rather be lucky than good? Or something like that. Now the knive(s), guns, etc. stay in other places.

[Mike1951]

Here is a reference to switchblades:

Switchblades are illegal weapons in some jurisdictions, often covered by very specific laws—many of which appear to have been enacted at times of moral panic by newspapers and films about supposed knife use. This was most striking in the late 1950s, when films such as The Wild One in 1954, Rebel Without a Cause and High School Confidential in 1955, and the Broadway play West Side Story in 1957 about rebellious youth featured switchblades, and were closely followed by the US Switchblade Act of 1958 (a federal law; individual state laws differ widely).

[Doug.38PR]

Shoot. And my dad remembers when you could buy switchblade knives in the corner drug store for something like .50 cents.

In Louisiana it's illegal to even own a switchblade...yet I bought one from a West Monroe Police gunshow right over the table with several more on display. An ex Sheriff deputy told he he didn't understand it either, said several local sporting and gun stores sell them right over the counter.

[KBCraig]

the US Switchblade Act of 1958 (a federal law; individual state laws differ widely).

It's the original "assault weapons ban", except it didn't expire.

I used to carry my late grandfather's switchblade to school in the 1970s. Loaned it to teachers when needed. Snapped the blade off playing mumblypeg.

[Reloader]

According to an attorney friend of mine who specializes in criminal law, you can own one, just can't carry it. Own as in a collection at home.

[soccerguy59]

Owning and Selling are not illegal, you can't carry is the illegal part.