Legal knife

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papajohn1964
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Legal knife

Post by papajohn1964 »

What is the law as far as carrying a fixed blade knife in a scabbard on your belt? I just received one that was made in Bulgaria and would like to show it off a little bit before it goes in the safe. The blade is about 4 1/8" and the overall length is around 9.5".
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speedsix
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Re: Legal knife

Post by speedsix »

...PC46.01(6) covers the knives which a fixed blade is included in...if it's not one of those, and the blade's 5 1/2" or less, you're legal...it seems easier to be sure about a legal fixed blade than a folder, by the time you consider the different actions and local laws...
speedsix
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Re: Legal knife

Post by speedsix »

...a good source for a whole lot more than knife info, keeping in mind it doesn't always reflect the latest changes and the red commentary is just that...not enforceable law and not to be counted on to keep us out of trouble...a lot more detail about the different kind of knives than I've found before...thanks a lot for that...
srothstein
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Re: Legal knife

Post by srothstein »

Our law defining an illegal knife does not differentiate between fixed blade or folding when it comes to size. If it has a blade over 5.5" it is illegal. If it meets one of the other definitions (throwing, dagger, Bowie, etc.) it is illegal.

I would guess from your post that your folding knife does not meet the legal definition of illegal knife or switchblade, which means you can carry it openly in Texas.
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LSUTiger
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Re: Legal knife

Post by LSUTiger »

How is it that it is legal to buy many knives that are defined as "illegal", unless there is some circumstance where they are legal? (not to mention ASP baton,clubs,tomahawks, etc. that are also for sale everywhere)

I can go down to the Gun Show, Academy or Bass Pro etc. and buy all kinds of "illegal" knives. Over 5.5 inches, bowie knives, swords, etc.

IANAL, but in all the laws Ive read(code, definitions, exceptions, etc), I come away with that I can't just have an "illegal" knife while out an about walking on the street but if I am own my own premises or engaged in a lawful activity such as hunting where a knife with a longer blade than 5.5 inches is customarily used then its ok. And possesion while traveling to such activity is also covered.

I know some laws may not be strictly enforced but the fact that the are on the books, confusing and easily misinterpreted makes me want to be very cautious. Also, they are used to rack up charges to arrest you in case they suspect but cant get you for more serious offenses.

Also, some AH LEO that wants to mess with folks can abuse his authority. Judges might throw it out later, but I want to avoid the hassle. Thats the sort of thing that makes people lose respect for the LAW and LEO's.

I general, am I correct in my interpretations, especially with knives? Hypethetically, if I had a bowie knife that I used while hunting that I normally kept at home would be legal. But if I just walk the streets with one then its illegal?
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NEB
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Re: Legal knife

Post by NEB »

The knife laws of Texas also frustrate me. We can carry firearms with a license (and long guns without a license), but we cannot carry an automatic folder? Is the knife somehow more dangerous than the firearm? The problem with knife laws is that they are emotionally based and place a connotative value on an inanimate object. Case in point: "bowie knives" are illegal in Texas. Wha...? Ok. Find for me the definition of bowie knife. As a knife maker, I know what my interpretation of a bowie is, but does "bowie knife" now cover any knife with a clipped blade as that is what the movies portray as a "bowie"? Some dunce of a politician decided that "bowie knives" are only used to make trouble, so they outlawed them. The same holds true with switchblades. I can get my spyderco or benchmade liner lock out of my pocket and into action just as fast as someone can get an automatic out and in use. The ONLY reason automatic/switchblade/gravity knives are outlawed in Texas is because the same dunce politician decided that since the gangsters in the movies use them, they must be only useful to and used by gangsters. :banghead: :banghead: :mad5 :bigmouth :grumble :headscratch :cryin :confused5

Anyway, while I was living in Amarillo, we had an activist DA who decided to interpret knife laws differently than pretty much anywhere else in Texas. They had a perp run from the cops who happened to have an Onion/Kershaw assisted opener on him at the time of arrest. Since he ran, they threw the book at him, and the DA decided that the Kershaw pocket knife was an automatic or switchblade knife even though it didn't meet the definition of the law. He then proceeded to go to various knife stores and Walmart and threaten the proprietors with legal action if they didn't remove their perfectly legal merchandise from the sale floor.

Can you tell this type of thing steams me up? Grr....
speedsix
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Re: Legal knife

Post by speedsix »

...NEB, the legislature settled that last complaint...in our favor...but the knife laws need to be revamped...badly...but that's another forum...
NEB
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Re: Legal knife

Post by NEB »

That's good to hear, speedsix. After I left Amarillo, I never kept up with what happened in that situation. I know Kershaw had helped out legally in several other similar situations in other states, so I'm glad to hear that common sense prevailed.

I don't understand any of the knife laws, really, except maybe ballistic knives or the like. Double edged, dagger, bowie, automatic, gravity...they are all just edged tools and no more dangerous than intent put behind them by the user. And we've already outlawed stabbing someone, so why outlaw the knife? I'd wager near as many people are stabbed by more mundane items like pencils, forks, dinner knives, etc as there are people stabbed by illegal knives every year, and we don't outlaw pencils....

Ok, I know this a CHL forum....I'll shut up now :mrgreen:
speedsix
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Re: Legal knife

Post by speedsix »

...oh, we've been round and round on this one...search " knife laws" to read some older threads...we just don't see the legislature too concerned...yet...

... http://www.knifeforums.com" onclick="window.open(this.href);return false; and http://knifenetwork.com/forum/forumdisplay.php?f=30" onclick="window.open(this.href);return false; might have more current info...
Heartland Patriot

Re: Legal knife

Post by Heartland Patriot »

Basically you are legal to OWN a lot of different edged "cutting tools"...it is what you are allowed to CARRY that makes all the difference. Tomahawks and 7-inch blade K-Bars aren't illegal to OWN, but you can't CARRY them around on your person. I did quite a bit of reading up on this and looking up pictures of the knife types defined in the Penal Code before settling on the fixed blade knife I carry. It is a Boker Magnum Tracker. Not a very expensive knife but the blade only 3.5 inches long and it fits NONE of the types of illegal knives, i.e., throwing, dagger, dirk, stiletto, poniard, or bowie. I am pretty confident that very few LEOs would look at my knife and think that all the sudden I was some sort of threat to society.
speedsix
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Re: Legal knife

Post by speedsix »

...found it for $29.95...good price for a Boker...what kind of sheath does it have and is the blade thick or thin?
RPB
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Re: Legal knife

Post by RPB »

Yeah I had to explain the difference in legal to own and legal to carry to my niece who began her hobby of collecting things she can't carry (that wasn't her intent when she bought it lol)

My cousin sent me this yesterday:
A juggler, driving to his next performance, is stopped by the police.
"What are those machetes doing in your car?" asks the officer.
"I juggle them in my act."
"Oh, yeah?" says the doubtful cop. "Let's see you do it."
The juggler gets out and starts tossing and catching the knives.

Another man driving by slows down to watch.
"wow," says the passer-by. "I'm glad I quit drinking. Look at the test they're giving now!"
I'm no lawyer

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Heartland Patriot

Re: Legal knife

Post by Heartland Patriot »

speedsix wrote:...found it for $29.95...good price for a Boker...what kind of sheath does it have and is the blade thick or thin?
The blade is .1 inches thick at the hilt and along the back (not sure whether that is considered thick or thin, sorry). I think the grind of the blade is called "hollow ground", or something to that effect. And the sheath is black leather loop-type with a single snap strap at the hilt area. That price is about what I paid for mine here in the local area, BTW. Haven't put it through any heavy work, but it seems pretty decent. It isn't the best grade of stainless, though. From my research, I'd say mid-grade (440A, as far as I could tell). Hope this helps.
Heartland Patriot

Re: Legal knife

Post by Heartland Patriot »

RPB wrote:Yeah I had to explain the difference in legal to own and legal to carry to my niece who began her hobby of collecting things she can't carry (that wasn't her intent when she bought it lol)

My cousin sent me this yesterday:
A juggler, driving to his next performance, is stopped by the police.
"What are those machetes doing in your car?" asks the officer.
"I juggle them in my act."
"Oh, yeah?" says the doubtful cop. "Let's see you do it."
The juggler gets out and starts tossing and catching the knives.

Another man driving by slows down to watch.
"wow," says the passer-by. "I'm glad I quit drinking. Look at the test they're giving now!"
"rlol"
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