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What's the Law in Texas Re: Push Knives?

Posted: Mon Apr 25, 2011 9:37 am
by doc540
I've read the actual statute, but if it's under 5.5" is this particular type of knife illegal for carry in Texas?

Single edge push knife
Image

Re: What's the Law in Texas Re: Push Knives?

Posted: Mon Apr 25, 2011 9:39 am
by WildBill
As I recall, Steve Rothstein discussed this kind of knife in an old thread. I believe it is legal. I will try to find the link.

Here it is. He calls it a "Punch Knife". Make sure that you read the entire thread.

viewtopic.php?f=23&t=36888&hilit=knife+dagger&start=30" onclick="window.open(this.href);return false;

Re: What's the Law in Texas Re: Push Knives?

Posted: Mon Apr 25, 2011 9:56 am
by doc540
WildBill wrote:As I recall, Steve Rothstein discussed this kind of knife in an old thread. I believe it is legal. I will try to find the link.

Here it is. He calls it a "Punch Knife". Make sure that you read the entire thread.

viewtopic.php?f=23&t=36888&hilit=knife+dagger&start=30" onclick="window.open(this.href);return false;
Thanks, WB.

Good discussion, but doesn't definitively answer whether or not a single edge push knife is legal to carry. :???:

Re: What's the Law in Texas Re: Push Knives?

Posted: Mon Apr 25, 2011 10:12 am
by WildBill
doc540 wrote:
WildBill wrote:As I recall, Steve Rothstein discussed this kind of knife in an old thread. I believe it is legal. I will try to find the link.

Here it is. He calls it a "Punch Knife". Make sure that you read the entire thread.

viewtopic.php?f=23&t=36888&hilit=knife+dagger&start=30" onclick="window.open(this.href);return false;
Thanks, WB.

Good discussion, but doesn't definitively answer whether or not a single edge push knife is legal to carry. :???:
When Steve said he carried one, I took it to mean that it was legal as long as it had a single edge. I forgot that since he was an LEO he might have been only to carry it because of his job, so I can see your confusion. I sent him a PM, so maybe he will answer your question directly. In the meanwhile maybe one of the other LEO members will weigh in.

Re: What's the Law in Texas Re: Push Knives?

Posted: Mon Apr 25, 2011 10:17 am
by speedsix
...a dagger by definition is double-edged...a single edge should be legal...however, it's a very ineffective design...I'd sooner carry a conventional fixed blade...5" or 5 1/4"...with a hilt or notch to keep fingers off the blade...

Re: What's the Law in Texas Re: Push Knives?

Posted: Mon Apr 25, 2011 10:20 am
by doc540
thanks, but my only question is legality of this type of knife: single edge push knife under 5.5"

sometimes the original question gets forgotten amidst the rabbit trails of other discussions

and I've done it myself :o

Re: What's the Law in Texas Re: Push Knives?

Posted: Mon Apr 25, 2011 10:23 am
by speedsix
...I answered that question first...guess you don't want to hear anything else I have to say...kinda like my wife... :???:

Re: What's the Law in Texas Re: Push Knives?

Posted: Mon Apr 25, 2011 10:26 am
by MoJo
doc,

From what I read the I think knife in question is legal but, a prosecuting attorney may not agree. Why not ask the question to the local DA or, to a LEO you know?

Get it from the horse's mouth.

Re: What's the Law in Texas Re: Push Knives?

Posted: Mon Apr 25, 2011 10:34 am
by WildBill
MoJo wrote:doc,

From what I read the I think knife in question is legal but, a prosecuting attorney may not agree. Why not ask the question to the local DA or, to a LEO you know?

Get it from the horse's mouth.
This is a good idea, but I wouldn't ask just one LEO. ;-)

I am sure that you are aware there are some local laws restricting knives. I understand that San Antonio has stricter laws for knives than the rest of Texas. I don't know about any other cities or counties.

Re: What's the Law in Texas Re: Push Knives?

Posted: Mon Apr 25, 2011 1:25 pm
by Hoosier Daddy
I don't see anything in the definition of "illegal knife" that prohibits push knives. However, that doesn't mean some LEO won't arrest and some DA won't prosecute and some jury won't convict. There are people in prison who didn't break the law. Some of them even get executed if you believe the stories.
WildBill wrote:
MoJo wrote:Get it from the horse's mouth.
This is a good idea, but I wouldn't ask just one LEO. ;-)
Anything short of a written AG opinion (or supreme court decision) is no guarantee. If you get legal advice from LEO, make sure to ask every LEO who might possibly arrest you. If you ask District Attorneys, ask every one who might prosecute you.

Re: What's the Law in Texas Re: Push Knives?

Posted: Mon Apr 25, 2011 1:27 pm
by WildBill
Hoosier Daddy wrote:I don't see anything in the definition of "illegal knife" that prohibits push knives. However, that doesn't mean some LEO won't arrest and some DA won't prosecute and some jury won't convict. There are people in prison who didn't break the law. Some of them even get executed if you believe the stories.
WildBill wrote:
MoJo wrote:Get it from the horse's mouth.
This is a good idea, but I wouldn't ask just one LEO. ;-)
Anything short of a written AG opinion (or supreme court decision) is no guarantee. If you get legal advice from LEO, make sure to ask every LEO who might possibly arrest you. If you ask District Attorneys, ask every one who might prosecute you.
:iagree: I looked at the website and didn't find any AG opinions on "push knives". IANAL

Re: What's the Law in Texas Re: Push Knives?

Posted: Mon Apr 25, 2011 4:25 pm
by Skaven
WildBill wrote:
MoJo wrote:doc,

From what I read the I think knife in question is legal but, a prosecuting attorney may not agree. Why not ask the question to the local DA or, to a LEO you know?

Get it from the horse's mouth.
This is a good idea, but I wouldn't ask just one LEO. ;-)

I am sure that you are aware there are some local laws restricting knives. I understand that San Antonio has stricter laws for knives than the rest of Texas. I don't know about any other cities or counties.

Yeah definitely ask more than one LEO. I had a LEO tell me I couldn't carry a small can of mace you can buy at acadmeny because it was a prohibited weapon.

Re: What's the Law in Texas Re: Push Knives?

Posted: Mon Apr 25, 2011 4:31 pm
by C-dub
Ask a judge if you know one? A criminal judge? I don't know if there's a difference between types of judges like there are with lawyers.

Re: What's the Law in Texas Re: Push Knives?

Posted: Mon Apr 25, 2011 6:04 pm
by WildBill
C-dub wrote:Ask a judge if you know one? A criminal judge? I don't know if there's a difference between types of judges like there are with lawyers.
Usually judges will handle certain types of cases, i.e. traffic or small claims, civil cases, criminal cases for misdemeanors or felonies.

Re: What's the Law in Texas Re: Push Knives?

Posted: Mon Apr 25, 2011 6:32 pm
by seeker_two
speedsix wrote:...however, it's a very ineffective design...I'd sooner carry a conventional fixed blade...5" or 5 1/4"...with a hilt or notch to keep fingers off the blade...
Agreed with everything but the length....I prefer the KA-Bar TDI, myself....not only a good SD knife, but the ergonomics make it a great EDC/EDU knife....

http://www.reactgear.com/KA-BAR-TDI-Law ... b148-p.htm