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EDC of a fixed-blade knife in the pocket

Posted: Sat Jan 18, 2014 11:54 am
by Crash
Is it legal in Texas to carry a fixed-blade knife in one's pocket? If so, what would be the best one?

Re: EDC of a fixed-blade knife in the pocket

Posted: Sat Jan 18, 2014 12:06 pm
by jbarn
Crash wrote:Is it legal in Texas to carry a fixed-blade knife in one's pocket? If so, what would be the best one?
As long as the blade is not double edged or over 5 and 1/2 inches in length, there is no state law prohibiting it.

Re: EDC of a fixed-blade knife in the pocket

Posted: Sat Jan 18, 2014 12:33 pm
by Jumping Frog
jbarn wrote:As long as the blade is not double edged or over 5 and 1/2 inches in length, there is no state law prohibiting it.
.... double edged , over 5 and 1/2 inches, or shaped like a bowie knife. :tiphat:

Re: EDC of a fixed-blade knife in the pocket

Posted: Sat Jan 18, 2014 12:40 pm
by K.Mooneyham
Jumping Frog wrote:
jbarn wrote:As long as the blade is not double edged or over 5 and 1/2 inches in length, there is no state law prohibiting it.
.... double edged , over 5 and 1/2 inches, or shaped like a bowie knife. :tiphat:
Thank you. I'm still ticked that my Baby K-Bar sits in my gun cabinet because of this senseless and useless technicality of the law.

Re: EDC of a fixed-blade knife in the pocket

Posted: Sat Jan 18, 2014 12:51 pm
by hillfighter
Crash wrote:Is it legal in Texas to carry a fixed-blade knife in one's pocket?
Carrying a fixed blade knife is as legal as carrying an AR15. What's best, or even good, depends on the use.

Re: EDC of a fixed-blade knife in the pocket

Posted: Sat Jan 18, 2014 12:55 pm
by WildBill
hillfighter wrote:
Crash wrote:Is it legal in Texas to carry a fixed-blade knife in one's pocket?
Carrying a fixed blade knife is as legal as carrying an AR15. What's best, or even good, depends on the use.
Also how big is your pocket.

Re: EDC of a fixed-blade knife in the pocket

Posted: Sat Jan 18, 2014 1:10 pm
by Maxwell
Make sure you use a sheath... :shock: :cryin

"rlol"

Re: EDC of a fixed-blade knife in the pocket

Posted: Sat Jan 18, 2014 1:39 pm
by TBJK
I intend on carrying a Ka-Bar in a sheath in the middle of my back since my company will not allow firearms. Problem is its hard for me to decide which one is like. I like the Mark 1, short Ka-bar USMC or Short Ka-bar Black.

Re: EDC of a fixed-blade knife in the pocket

Posted: Sat Jan 18, 2014 2:02 pm
by K.Mooneyham
TBJK wrote:I intend on carrying a Ka-Bar in a sheath in the middle of my back since my company will not allow firearms. Problem is its hard for me to decide which one is like. I like the Mark 1, short Ka-bar USMC or Short Ka-bar Black.
Good luck with that. My comment above is in reference to the line in Texas Penal Code that prohibits the carry of "bowie" knives, notice the little b there. That means that if it can be construed as being shaped like a Bowie knife, then it is prohibited to carry said knife, even if the other criteria are met. You might carry it your whole life and never have a problem...or you might be stopped for something and the LEO doesn't like you carrying that and you get a weapons charge against you. And you may beat the weapons charge, but its going to cost you.

Exerpt from TPC 46.01:
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) bowie knife;

(E) sword; or

(F) spear.

Re: EDC of a fixed-blade knife in the pocket

Posted: Sat Jan 18, 2014 2:18 pm
by jbarn
K.Mooneyham wrote:
TBJK wrote:I intend on carrying a Ka-Bar in a sheath in the middle of my back since my company will not allow firearms. Problem is its hard for me to decide which one is like. I like the Mark 1, short Ka-bar USMC or Short Ka-bar Black.
Good luck with that. My comment above is in reference to the line in Texas Penal Code that prohibits the carry of "bowie" knives, notice the little b there. That means that if it can be construed as being shaped like a Bowie knife, then it is prohibited to carry said knife, even if the other criteria are met. You might carry it your whole life and never have a problem...or you might be stopped for something and the LEO doesn't like you carrying that and you get a weapons charge against you. And you may beat the weapons charge, but its going to cost you.

Exerpt from TPC 46.01:
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) bowie knife;

(E) sword; or

(F) spear.

I am very interested in this. Do you have any cases you can reference that a small bladed knife was determined to be a Bowie Knife?

Do you know of an accepted description of a Bowie Knife

TIA

Re: EDC of a fixed-blade knife in the pocket

Posted: Sat Jan 18, 2014 2:37 pm
by WildBill
jbarn wrote:
K.Mooneyham wrote:
TBJK wrote:I intend on carrying a Ka-Bar in a sheath in the middle of my back since my company will not allow firearms. Problem is its hard for me to decide which one is like. I like the Mark 1, short Ka-bar USMC or Short Ka-bar Black.
Good luck with that. My comment above is in reference to the line in Texas Penal Code that prohibits the carry of "bowie" knives, notice the little b there. That means that if it can be construed as being shaped like a Bowie knife, then it is prohibited to carry said knife, even if the other criteria are met. You might carry it your whole life and never have a problem...or you might be stopped for something and the LEO doesn't like you carrying that and you get a weapons charge against you. And you may beat the weapons charge, but its going to cost you.

Exerpt from TPC 46.01:
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) bowie knife;

(E) sword; or

(F) spear.

I am very interested in this. Do you have any cases you can reference that a small bladed knife was determined to be a Bowie Knife?

Do you know of an accepted description of a Bowie Knife

TIA
First of all I am not a lawyer so I am not offering legal advice.

There is some old case law, but IANAL so I don't know how this relates to current laws. It's not very specific, but
Art. 1161. [1027] [606] [501] "Bowie-knife" and "dag-ger".-A "bowie-knife" or "dagger" as here and elsewhere used
means any knife intended to be worn upon the person which is capable of inflicting death and not commonly known as a pocket
knife.
I have also read that a bowie knife has a double guard [between the knife blade and handle]. I think that this characteristic of the knife, rather than the size and shape of the blade determines if is a meets the definition of bowie knife. It still seems to me to be very subjective.

In modern culture, it may be like the Crocodile Dundee scene "This is a knife!" IMO, the law against bowie knives appears to have a stem from the believe that gentlemen can carry pocket knifes, but only a low class person would carry a knife that is designed to inflict death.

Bowie knives were the equivalent of high capacity assault rifles in the early 1900s.

Re: EDC of a fixed-blade knife in the pocket

Posted: Sat Jan 18, 2014 3:26 pm
by jbarn
WildBill wrote:
jbarn wrote:
K.Mooneyham wrote:
TBJK wrote:I intend on carrying a Ka-Bar in a sheath in the middle of my back since my company will not allow firearms. Problem is its hard for me to decide which one is like. I like the Mark 1, short Ka-bar USMC or Short Ka-bar Black.
Good luck with that. My comment above is in reference to the line in Texas Penal Code that prohibits the carry of "bowie" knives, notice the little b there. That means that if it can be construed as being shaped like a Bowie knife, then it is prohibited to carry said knife, even if the other criteria are met. You might carry it your whole life and never have a problem...or you might be stopped for something and the LEO doesn't like you carrying that and you get a weapons charge against you. And you may beat the weapons charge, but its going to cost you.

Exerpt from TPC 46.01:
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) bowie knife;

(E) sword; or

(F) spear.

I am very interested in this. Do you have any cases you can reference that a small bladed knife was determined to be a Bowie Knife?

Do you know of an accepted description of a Bowie Knife

TIA
First of all I am not a lawyer so I am not offering legal advice.

There is some old case law, but IANAL so I don't know how this relates to current laws. It's not very specific, but
Art. 1161. [1027] [606] [501] "Bowie-knife" and "dag-ger".-A "bowie-knife" or "dagger" as here and elsewhere used
means any knife intended to be worn upon the person which is capable of inflicting death and not commonly known as a pocket
knife.
I have also read that a bowie knife has a double guard [between the knife blade and handle]. I think that this characteristic of the knife, rather than the size and shape of the blade determines if is a meets the definition of bowie knife. It still seems to me to be very subjective.

In modern culture, it may be like the Crocodile Dundee scene "This is a knife!" IMO, the law against bowie knives appears to have a stem from the believe that gentlemen can carry pocket knifes, but only a low class person would carry a knife that is designed to inflict death.

Bowie knives were the equivalent of high capacity assault rifles in the early 1900s.

Thanks. Good info

Re: EDC of a fixed-blade knife in the pocket

Posted: Sat Jan 18, 2014 6:20 pm
by AdioSS
I've been carrying 4-5.5" (& occasionally longer...) fixed blades in a sheath hanging from my belt & tucked into the front edge of my left rear pocket for a while. Behind that I have a flashlight & then a spare mag. Some knives don't fit in some pants, so I use different ones for different occasions. I like that position sorta similar to the TDI Ka-Bar idea. The knife can be drawn very quickly to defend against a potential gun grab or if the situation calls for something more personal than a gun...

Re: EDC of a fixed-blade knife in the pocket

Posted: Sat Jan 18, 2014 6:53 pm
by AdamJ1555
No spears?!?!? No spears?!?!?!?

What a horrible law!

Re: EDC of a fixed-blade knife in the pocket

Posted: Sat Jan 18, 2014 7:21 pm
by snorri
AdamJ1555 wrote:No spears?!?!? No spears?!?!?!?
Don't worry. There's a hunting exception if you want to use them for boar.