legality on knives

[txhoghunter]

I wasn't sure where this thread should go, it is a non-firearm related thread, but is also a legal question. Mods, please move if needed.

Anyways, I was wondering if anyone knows the laws governing carrying a knife? Specifically, in Texas?

 

[THe Dove]

Are we talking about a little folding pocket knife or a hunting type knife in a sheath????

The Dove

 

[txhoghunter]

Sorry I forgot to specify. I am asking about a folding knife

 

[TXSurf]

Folding knives to be carried can have a blade length of up to 5.5" in Texas

 

[jcreid06]

TX Penal Code 46.01 "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.

"switchblade knife" means any knife that has a blade that folds, closes or retracts into the handle or sheath and that opens automatically by pressure applies to a button or other device located on the handle or opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force. the term does not include a knife that has a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion applied to the blade by hand, wrist or arm to overcome bias toward closure and open the knife.

Those are definitions of the two. It is against the law to carry an illegal knife if you are not on your premises or a premise under your control or inside or directly en route to a motor vehicle that is owned by you or under your control. Penal Code 46.02.

Penal Code 46.05 states that it is illegal to even possess a switchblade no matter if your on your property or not. It also includes other weapons but since this question was about knives I will leave it at that.

To sum it up again. You may posses a illegal knife on your property or in your vehicle. You may never possess a switchblade no matter where you are.

 

[hso]

See individual municipal codes for the exceptionally weird (no locking blades under 5.5" in San Antonio).

 

[txhoghunter]

Thanks guys, that is exactly what I was looking for. Now, just a few more if you can:

Are there any extra restrictions on college campuses? Courtrooms?

And for the sake of asking, I understand that even licensed CCW holders cannot have a concealed gun in a business that makes 51%+ of its profit from the sale of alcohol (or something along those lines, I'm not old enough to CCW so its regulations are not my strong suit), but does this apply to knives as well?

 

[jcreid06]

As long as the knife is legal you can carry it anywhere.

 

[txhoghunter]

Age restrictions? Like, are 10 year olds legally allowed to walk around with a 5.5" knife?

 

[jcreid06]

I do not believe there are laws against a 10 yr old possessing a knife. I guarantee there are regulations at the kids school that would get him suspended or expelled for good while if he brought a knife on campus. So just check where he is going to be. My question though is why would a child need a 5.5" knife? That's a large knife.

 

[txhoghunter]

Hypothetical situation to make sure the question was understood, I surely hope no ten year old is running around with a 5.5" knife....

 

[64zebra]

there are no laws on age restrictions for knives

 

[nalioth]

You may never possess a switchblade no matter where you are.

Afraid not.

The same restrictions apply as for any other "illegal knife".

Please read the law and quit spreading FUD

Texas Penal Code §46 - Weapons

 

[hirundo82]

You may never possess a switchblade no matter where you are.

Afraid not.

The same restrictions apply as for any other "illegal knife".

The restrictions are different because the "illegal knife" restriction is only for carry (§46.02), whereas the switchblade restriction is a §46.05 (Prohibited Weapons) restriction.

You may possess an "illegal knife" for any lawful purpose on your own premises or premises under your control, in your vehicle, or if you qualify for one of the §46.15 exceptions (hunting, fishing, &c.). The only lawful purpose recognized for possession of a switchblade is as a collectible.

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an 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;

 

[gatorjames85]

Funny you should ask. I just had a case where my client was charged for improper exhibition of a dangerous weapon. The alleged weapon was a pocketknife. In Florida, "common pocketknives" are exempt from the definition of "weapon". Whether a knife is a "common pocketknife" is a question of fact for the jury. I got a not guilty BTW

 

[nalioth]

The only lawful purpose recognized for possession of a switchblade is as a collectible.

Which confirms my correction of the following, no?

You may never possess a switchblade no matter where you are.

 

[Remo223]

^ now define "switchblade". Some places consider "spring assist" and "auto opening" two different mechanisms.

 

[Remo223]

Here's how knife laws were explained to me once...by a LEO. take it with a grain of salt though cuz LEOs have their own personal opinions on things and they don't all have the same opinions.

According to the LEO: nobody cares if you carry a knife that is a little over the legal limit unless you are breaking a law or have a history of crime. Lots of knives can be considered "tools" rather than weapons even though they are over the length limit provided they don't LOOK like a combat weapon.

Now, that's just one cop. The next cop could take one look at the knife and throw your butt in jail.

 

[jcreid06]

Originally Posted by nalioth

Afraid not.

The same restrictions apply as for any other "illegal knife".

Please read the law and quit spreading FUD

Texas Penal Code §46 - Weapons

Afraid your wrong. If you read my original reply to this thread I quoted the Penal Code 46.05 which pertains to switchblades and other prohibited weapons that you may never posses. So I am not spreading FUD. I have read the law and am very familiar with it.

Now as an LEO and to answer as what I would do if i encountered someone with a switchblade or illegal knife it all depends on why I am in contact with you. If your being cool and have one more than likely I won't take it. However if at anytime during my contact you start acting a fool I will take the knife and place you in jail.

As far as the curio or antique comment it is a defense to prosecution. Meaning that you have the burden to prove in court that the said item is indeed an antique.

As far as what constitutes a switchblade, the basic interpretation is if you press a button and the blade opens automatically or if you use centrifugal force to open/close the blade it is considered a switchblade.

 

[nalioth]

jcreid06, the law specifically states you may possess switchblades as "curios or antiques".

This directly contradicts

You may never possess a switchblade no matter where you are.

 

[hso]

Illegal and prohibited are two different things in TX law. There are defenses to prosecution for prohibited knives like switchblades in which conditions for legal ownership are allowed solely as an antique or curio, but carry does not appear to be. Not so with illegal knives with the exception of carry of Bowies and Swords for historical demonstration or cerimony. You may own, but not carry an illegal knife.

(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.

No switchblades listed under "Illegal".

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an 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; or

To be certain, switchblade laws can be convoluted, but TX is pretty clear. You can own them if you keep them for personal collecting or keepsake purposes, but you can't carry them.

 

[AlexanderA]

jcreid06 wrote:

TX Penal Code 46.01 "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.

****
Those are definitions of the two. It is against the law to carry an illegal knife if you are not on your premises or a premise under your control or inside or directly en route to a motor vehicle that is owned by you or under your control. Penal Code 46.02.

Does this mean that it's illegal in Texas to carry a sword at a reenactment or Renaissance Fair? What about a socket bayonet?

 

[64zebra]

no, there are other exceptions in the footnotes in this section of the law specifically for this type of reenactment

PC 46.15 (e) The provisions of Section 46.02 prohibiting the carrying of an illegal knife do not apply to an individual carrying a bowie knife or a sword used in a historical demonstration or in a ceremony in which the knife or sword is significant to the performance of the ceremony.

 

[Ed N.]

Funny you should ask. I just had a case where my client was charged for improper exhibition of a dangerous weapon. The alleged weapon was a pocketknife. In Florida, "common pocketknives" are exempt from the definition of "weapon". Whether a knife is a "common pocketknife" is a question of fact for the jury. I got a not guilty BTW

I know that switchblades are legal in Florida, but are they considered a "common pocketknife" or do they require a CCW to carry?

 

[jcreid06]

the law specifically states you may possess switchblades as "curios or antiques"

It specifically states that

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
.
.
.
(5) a switchblade knife

It is a defense to prosecution that it was an antique or curio. WHICH means that the owner has the burden of proof in court that the item was an antique or curio. So if for some reason an officer comes to your house, finds the switchblade and confiscates the switch blade it is up to you to convince the courts that it was an antique or curio.

So when I said that it was illegal to own a switchblade no matter what it is taken as the literal meaning from the Penal Code. It does not state in statute 46.05 that it is legal to possess it in your home like it does in 46.02 concerning illegal knives. It specifically states that it is illegal to possesses, manufactures, transports, repairs, or sells and doesn't give the designation saying its ok to have it at your house.

As I hinted in my previous response it still is an officers discretion as to if he is going to confiscate the switchblade. If you are cooperative with the officers most of the time they will be cool, at least that is how I try to work.