nalioth
Member
Next time, you should look at the posting dates.snow said:
You exhumed a SIX YEAR OLD thread.
The legislation has met several times since then and a lot of laws have changed (as has been mentioned).
Bowie Knives, Texas Law, and Exceptions
- Thread starter Anthony
- Start date
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You exhumed a SIX YEAR OLD thread.
The legislation has met several times since then and a lot of laws have changed (as has been mentioned).
DAVIDSDIVAD
member
What laws have been changed in the past six years, Mr. Rude-for-no-reason?
nalioth
Member
Rude?DAVIDSDIVAD said:
Bumping 6 year old threads to the top is rude.
Starting a new thread with the OPs question and referencing this one would have been the courteous thing to do.
There is a reason a few forums lock down inactive threads.
DAVIDSDIVAD
member
So two rudes make a right, eh?
For every person saying "bahh, thread necromancy!" there's another saying "omg use teh search this question is posted all the time"
Big whoop.
For every person saying "bahh, thread necromancy!" there's another saying "omg use teh search this question is posted all the time"
Big whoop.
Posed question by a friend
I purchased a knife from budk.com...(The Bushmaster Survival Knife) and he posed the question that it fell into the category of a bowie knife... I have done research on the categories of knives and survivals are in their own category... as the question SNOW posed about his SEALpup Elite... it is specifically listed as a survival knife on wikipedia and federal and state laws exclude survival knives from all regulations... it is possible and legal to carry on ones person... a survival knife... though i would suggest putting something in your wallet or other place on your person that proves the fact that it is indeed a survival... Survival knives usually have the signature thick blade with a sawback on it.
Survival knives are knives intended for survival purposes in a wilderness environment, often in an emergency situation when the user has lost most of his/her main equipment. Military units issue some type of survival knife to pilots in the event their plane may be shot down. Survival knives can be used for trapping, skinning, wood cutting and other uses. Hunters, hikers, and outdoor sport enthusiasts use survival knives. Some survival knives are heavy-bladed and thick; others are lightweight or fold in order to save weight and bulk as part of a larger survival kit. Their functions often include serving as a hunting knife
Survival Knife
As far as Texas laws go knives that are of more than 5.5" are permitted during hunting and travel or by active or retired military and law enforcement... in the case of travel it must be in your trunk where it is not readily accessible.
I purchased a knife from budk.com...(The Bushmaster Survival Knife) and he posed the question that it fell into the category of a bowie knife... I have done research on the categories of knives and survivals are in their own category... as the question SNOW posed about his SEALpup Elite... it is specifically listed as a survival knife on wikipedia and federal and state laws exclude survival knives from all regulations... it is possible and legal to carry on ones person... a survival knife... though i would suggest putting something in your wallet or other place on your person that proves the fact that it is indeed a survival... Survival knives usually have the signature thick blade with a sawback on it.
Survival knives are knives intended for survival purposes in a wilderness environment, often in an emergency situation when the user has lost most of his/her main equipment. Military units issue some type of survival knife to pilots in the event their plane may be shot down. Survival knives can be used for trapping, skinning, wood cutting and other uses. Hunters, hikers, and outdoor sport enthusiasts use survival knives. Some survival knives are heavy-bladed and thick; others are lightweight or fold in order to save weight and bulk as part of a larger survival kit. Their functions often include serving as a hunting knife
Survival Knife
As far as Texas laws go knives that are of more than 5.5" are permitted during hunting and travel or by active or retired military and law enforcement... in the case of travel it must be in your trunk where it is not readily accessible.
Bartholomew Roberts
Member
That's news to me. Can you point me towards where I can find this exception for survival knives in Texas or federal law?
Under Section 46.01 of the Texas Penal Code, an "illegal knife" is defined as:
Section 46.02 defines the unlawful carrying of weapons:
An "illegal knife" can be possessed on your premises or in your motor vehicle. There is no requirement in statute that the knife be kept in your trunk.
Texas Weapon Laws
Under Chapter 46.02 subsection A it states
Under the statutes and the case law interpreting the statutes it is illegal to carry a pistol, club or illegal knife on your person or generally inside the passenger compartment of your vehicle including the glove compartment. This applies even though the weapon is
taken apart or unloaded. If you need to transport a handgun you may do so in the trunk of a vehicle.
Artumion is completely incorrect and his interpretation of the TX law must not be treated as authoritative. There is no classification of "survival knife" under state or federal law. While possession may be legal for knives defined as illegal knives under TX penal code there is no exemption for carry for civilians and you may have them on your premises or in your vehicle. Carry excludes-
The actual law is here http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm
The actual law is here http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm
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shiftyer1
Member
I've never been under the impression I need to transport any firearms in my trunk. Especially in the last few years? There are other ways to met the concealed requirement other than that, including a glove box.
I'm in central Texas and its not uncommon to see a fixed blade knife on someones belt and nobody gives a second look.....unless they're a knife nut too
I believe 5 1/2 inches in the max. I've carried my Kbar and never got a second look.
Although you'd look funny cutting your sausage and brisket with a bowie knife. I don't think I'd find much use for one day to day. I do wish I had the option if I wanted to!
I'm in central Texas and its not uncommon to see a fixed blade knife on someones belt and nobody gives a second look.....unless they're a knife nut too
I believe 5 1/2 inches in the max. I've carried my Kbar and never got a second look.Although you'd look funny cutting your sausage and brisket with a bowie knife. I don't think I'd find much use for one day to day. I do wish I had the option if I wanted to!
Wow! It has been a long time since I opened this thread!
Since posting this I have researched the question very closely with the help of a local lawyer and some LEO contacts.
Bottom line...there is no trace of an exception I could find.
I wrote it off and bought an 11-inch Bowie fighter from someone else. It is a beautiful piece, but I carry one of two old John Greco knives with 5 1/2 inch single edged blades in an IWB rig along with my concealed handgun.
If the law ever changes I will worry about it then.
Thanks for resurrecting an old favorite.
- Anthony
Since posting this I have researched the question very closely with the help of a local lawyer and some LEO contacts.
Bottom line...there is no trace of an exception I could find.
I wrote it off and bought an 11-inch Bowie fighter from someone else. It is a beautiful piece, but I carry one of two old John Greco knives with 5 1/2 inch single edged blades in an IWB rig along with my concealed handgun.
If the law ever changes I will worry about it then.
Thanks for resurrecting an old favorite.
- Anthony
Bartholomew Roberts
Member
Artumion said:
No, it does not state that. I quoted the entirety of Section 46.02 of the Texas Penal Code in the post you are responding to. Nowhere in that post does it require you to carry a pistol, club, or illegal knife in your trunk. Hso highlighted the relevant portion of the statute.
If you have some statutory authority for the claims you are making, I'd like to see it; but Section 46.02 of the Texas Penal Code is not it.
Wolfebyte
Member
Wow.. Holy resurrection day!
Ok, the following is somewhat dated, but apparently still used. Existing Case Law for Texas on Weapon/Knife laws.
http://ss.utpb.edu/media/files/university-police/TEXAS-WEAPON-LAWS.pdf
The handgun (46.02) is out of date, take into consideration since the MPA of 2009, having a loaded handgun, concealed in the vehicle is no longer an offense as long as you are not in the commission of a crime, nor being stopped for an offense greater than a class C.
Ok, the following is somewhat dated, but apparently still used. Existing Case Law for Texas on Weapon/Knife laws.
http://ss.utpb.edu/media/files/university-police/TEXAS-WEAPON-LAWS.pdf
The handgun (46.02) is out of date, take into consideration since the MPA of 2009, having a loaded handgun, concealed in the vehicle is no longer an offense as long as you are not in the commission of a crime, nor being stopped for an offense greater than a class C.
Bartholomew Roberts
Member
That is a handy document. Thanks for sharing it! As you noted, it is a bit dated and much of the 46.02 section was made obsolete when they rewrote that in 2009; but still a very handy reference for linking Texas case law to statute!
mdauben
Member
Except I would also expect that 99% of people (including LEOs) have no idea what constitutes a "bowie knife", other than perhaps a big, scary knife. At its most basic, a bowie knife is a clip point blade. This is a basic blade shape that has been used for years in hunting and outdoor knives. Are they all illegal?
Its a different state, but AL has the same ban on "bowie knifes" and a case law that I have seen determined that a large chef's knife counted as a "bowie knife".
And that's the problem with people trying to make up excluding definitions to suite their personal tastes in the face of real legal hazards doing so. Case law in many states abounds with knives that get classified as "bowie" knives simply because of the presence of a clip point on a larger blade.
ApacheCoTodd
member
I gotta say:
"Bowie"= bad knife regardless of length.
Seal Pup looks like many folk's definition of a Bowie.
Get something else or don't look for sympathy when you get sideways with an LEO over applying the law or lookin' to make a point.
Reading the Texas DPS PDF makes me think they threw Bowie in there deliberately without a definition or guidelines identifying a Bowie in order to have a catch-all Rambo/Survival knife potential charge.
Or looked at another way - given how much attorney one can afford - if they don't define what Bowie is, how is one to defend one's self that the knife is not a Bowie should it come to convincing a Judge or Jury?
With these kinds of things one really must ignore the hypothetical/theoretical and jump straight to the point of - is it worth the hassle at the other end if the configuration the knife alone could lead to an extreme legal outcome?
"So, Mister Smith, it says here there's a concealed weapon charge?"
Mr Smith's response in a whiny tone...
"But the guys on the internet and at the gun shows said it wasn't a Bowie..."
As for the thread resurrection - spending time in Texas in different professional and social/hunting scenarios - I'm glad to have read this.
"Bowie"= bad knife regardless of length.
Seal Pup looks like many folk's definition of a Bowie.
Get something else or don't look for sympathy when you get sideways with an LEO over applying the law or lookin' to make a point.
Reading the Texas DPS PDF makes me think they threw Bowie in there deliberately without a definition or guidelines identifying a Bowie in order to have a catch-all Rambo/Survival knife potential charge.
Or looked at another way - given how much attorney one can afford - if they don't define what Bowie is, how is one to defend one's self that the knife is not a Bowie should it come to convincing a Judge or Jury?
With these kinds of things one really must ignore the hypothetical/theoretical and jump straight to the point of - is it worth the hassle at the other end if the configuration the knife alone could lead to an extreme legal outcome?
"So, Mister Smith, it says here there's a concealed weapon charge?"
Mr Smith's response in a whiny tone...
"But the guys on the internet and at the gun shows said it wasn't a Bowie..."
As for the thread resurrection - spending time in Texas in different professional and social/hunting scenarios - I'm glad to have read this.
1SOW
Member
Artumion : It's now legal in TX to carry a loaded handgun in your vehicle with exceptions for those with felony arrests, etc. etc.. without a CHP.
Deltaboy1984
Member
We carry Bowies during Civil war events and so far have had only one issue which a shift SGT fixed with a simple shut up and sit down kid and then told me to have a good day.
ApacheCoTodd
member
When you read the DPS guidelines, re-enactors - in role - are specifically exempted.
Deltaboy1984
Member
Yes we try to keep up to date on DPS regs because we want to keep in good graces with the LEO community. I had one Deputy after seeing my Bowie when out and got a 8 inch one to carry on his duty belt.
Re-enacting is tons of fun and often gets us head turning looks.
Re-enacting is tons of fun and often gets us head turning looks.
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