Texas knife laws.

Discussion in 'Cold Steel' started by Simplespeed, Jan 5, 2011.

  1. Jan 5, 2011 #1
    Simplespeed

    Simplespeed XDTalk Member

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    Iv got a couple questions. Iv read the laws but i always assume im missing or misunderstanding something and i need to know. I need to know that i know the law to feel comfortable using my knife i need to.

    Can i carry a concealed fixed blade knife?
    Is the blade length limit 5 1/2in.?
    Where can i not carry it?
    Can a folding knife be carried anywhere and does it have to be concealed?


    Thanks in advance.
     
  2. Jan 5, 2011 #2
    insatiable ONE

    insatiable ONE XDTalk 4K Member

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    FOUND THIS SO FAR

    What I found pertinent

    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)
     
  3. Jan 5, 2011 #3
    Simplespeed

    Simplespeed XDTalk Member

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    So you can take a legal knife onto school premises, but you really cant?

    Not too concerned with that since i dont go onto any school properties but its strange.
     
  4. Jan 5, 2011 #4
    AKC

    AKC XDTalk 5K Member

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    If it's legal to carry and not a prohibited weapon as defined. But article 7 is a bit confusing as how it defines what a "knife" is.

    Pssshh, I carry a Kershaw Blackout in my pocket, 4.5" ESEE 4 and a SOFfari 13" machete in my go bag.

    Just don't be a *******.
     
  5. Jan 5, 2011 #5
    insatiable ONE

    insatiable ONE XDTalk 4K Member

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    It appears NO-


    - 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]

    Texas Case Law:
    - "A teacher could not carry weapons in his school room..."
    (1889)
     
  6. Jan 5, 2011 #6
    AKC

    AKC XDTalk 5K Member

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    What's really stupid is. They define what types of knives are illegal. But you can legally carry up to 5.5 inches as long as it's not one of those illegal knives.

    Any knife is capable of inflicting serious injury regardless of size and type. this law is silly.
     
  7. Jan 5, 2011 #7
    Simplespeed

    Simplespeed XDTalk Member

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    I think #7 is just defining what a knife is. #6 defines what an illegal knife is based on length and style. I understand everything besides the part where it contradicts itself about carrying on school property. It says its ok, then it says a teacher cannot carry weapons into his school room. Technically that means i could since i am not a teacher. Best bet is to just leave the blades and guns in the car when going into a school bank or court.

    I was also curious as to what the laws were about carrying concealed fixed blades and folding knives in places that serve alcohol but it appears there are no such laws.
     
  8. Jan 5, 2011 #8
    AKC

    AKC XDTalk 5K Member

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    No law for carrying a legal knife into bars. I carry my ESEE 4 IWB when I know I'll be going out to the bars and leave the gun at home.

    I want the ESEE 5 which is max legal carry. Imagine the look on the jack wagon's face when I pull that beast out! :shock: Ha ha!

    All joking aside I'd rather avoid that situation all together. But I wouldn't hesitate to stop a threat with a knife if that's my only way out.
     
  9. Jan 5, 2011 #9
    KNO3

    KNO3 XDTalk 20K Member Founding Member

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    Iv is not equal to I've.
    Sorry I'm not usually a grammar nazi, but this bothered the hell out of me.
     
  10. Jan 5, 2011 #10
    Simplespeed

    Simplespeed XDTalk Member

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    Awesome. This was one of my main concerns.
     

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