Knife Laws Texas

[marksiwel]

Yes I know there are websites out there, but I'm crappy with legalise.

So can I carry a Knife Concealed?
Or does the Clip have to be visible.
I know of the under 3.5 inches law

[TexDotCom]

This might be a handy resource: http://knife-expert.com/tx.txt

"Texas - Health, Safety & Morals - 46.02. Unlawful carrying
weapons. (a) A person commits an offense if intentionally,
knowingly , or recklessly carries on or about his person a
handgun, illegal knife, or club. [Exceptions: official;
actor was own premises; was traveling; engaged in lawful
hunting, fishing, or other sporting activity; security
guard].
- 46.01. Definitions. (1) "Club"... includes... (D)
Tomahawk...
(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, stiletto,
and poniard;
(D) sword; or
(E) spear.
(7) "Knife" means any bladed hand instrument that is capable
of inflicting serious bodily injury or death by cutting or
stabbing a person with the instrument.
- 46.03. Places weapons prohibited.
(a) A person commits an offense if, with a firearm, illegal
knife, club, or prohibited weapon [includes switchblade
knives], he intentionally, knowingly, or recklessly goes:
(1) on the physical premises of a school [or school bus];
(2) on the premises of a polling place...
[(3) a court; (4) a racetrack; (5) secured area of an
airport].
- 46.05. Prohibited Weapons. (a) A person commits and 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...
- 46.06. Unlawful transfer of certain weapons.
(a) A person commits an offense if he... (2)... sells...
gives... offers... to any child younger than 18 years any
firearm, or illegal knife [except with written parental
consent].

Texas Case Law:
- "A teacher could not carry weapons in his school room..."
(1889)
- Broken switchblade knife was still a "switchblade knife"
within this section... (1986)
- "Defendant's contention that he took knife to school to
fight demons that plagued him did not defeat requisite
state of mind for conviction..." (1993)


http://www.knife-expert.com"

I don't see anything in there that speaks to carried outright, partially concealed, or all-the-way concealed. I've also never had a worry with either the clip showing or the knife completely in my pocket. IANAL, of course.

[Skiprr]

Keep in mind that certain municipalities also have regulations on the books regarding knives. One that frequently pops up in these discussions is San Antonio.

[mctowalot]

[quote="TexDotCom"]This might be a handy resource: http://knife-expert.com/tx.txt

"Texas - Health, Safety & Morals - 46.02. Unlawful carrying
weapons.

(C) dagger, including but not limited to a dirk, stiletto,
and poniard;

Now I wish I hadn't asked Santa for those dirks and poniards.

[Mikel]

Yes I know there are websites out there, but I'm crappy with legalise.

So can I carry a Knife Concealed?
Or does the Clip have to be visible.
I know of the under 3.5 inches law

What is the under 3.5" law?
I thought it was over 5"

[Keith B]

Yes I know there are websites out there, but I'm crappy with legalise.

So can I carry a Knife Concealed?
Or does the Clip have to be visible.
I know of the under 3.5 inches law

What is the under 3.5" law?
I thought it was over 5"

Law states over 5 1/2 inches. See the statute in the post above.

[Mikel]

Yes I know there are websites out there, but I'm crappy with legalise.

So can I carry a Knife Concealed?
Or does the Clip have to be visible.
I know of the under 3.5 inches law

What is the under 3.5" law?
I thought it was over 5"

Law states over 5 1/2 inches. See the statute in the post above.

Thanks: I thought as much but don't carry anything over 5 anyways. Thought there may be something I did not know about.

[Skiprr]

And here's where you need to check municipal ordinance. To wit, the oft-mentioned oddities of San Antonio:

Sec. 21-17. Certain knives prohibited generally; exceptions; penalty for violation.
(a) It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5 1/2) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.
(b) The above prohibition set forth in subsection (a) shall not be applicable to a person carrying such a knife:
(1) In the actual discharge of his duties as a peace officer, a member of the armed forces or national guard, or a guard employed by a penal institution;
(2) On his own premises or premises under his control;
(3) Traveling;
(4) Engaged in lawful hunting, fishing or other lawful sporting activity; or
(5) Using such a knife in connection with a lawful occupation, during such utilization.
(Code 1959, § 26-28.1)
Cross references: Regulation of firearms and weapons, § 21-151 et seq.; possession of a knife, § 21-155.


So by state law any knife with a blade over 5.5 inches long is illegal (I'll contain my opinions about that, and refrain from asking if Jim Bowie would have come to Texas under that law).

But if you live in San Antonio (not "traveling"), you may not carry any lock-back knife that has a blade LESS than 5.5 inches in length.

Anything wrong with that math?

Blade length, like barrel length, is not an exact science. But in San Antonio, your folder must have a blade that is precisely 5.5 inches long. Ask me later about the Heisenberg Uncertainty Principle...

[koolaid]

I believe Corpus and Dallas County also have additional restrictions on blade length.

[surprise_i'm_armed]

If you don't want to worry about your knife's length
and "switchblade" definition, just carry a BUG of
any length barrel if you're CHL. :-)

SIA