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Return to “EDC of a fixed-blade knife in the pocket”
- by jbarn
- Mon Jan 20, 2014 3:53 pm
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: EDC of a fixed-blade knife in the pocket
- Replies: 37
- Views: 10291
Superman wrote:TxLobo wrote:...
(C) dagger including but not limited to a dirk, stiletto, and poniard;
Armendariz v. State, 396 S.W.2d 132 (Tex. Crim. App. 1965) A knife slightly over seven
inches in length when open, equipped with a double guard, blade that locks open and is
sharpened on both sides of blade for over an inch meets the definition of a dagger.
...
I'm very interested in this portion. So a "dagger" is over seven inches? Anything under that I can carry...even if both sides of the blade are sharpened? Of it not, then I can have a dagger with a sharpened blade on the back side as long as the back side is sharp for only 1 inch or less?
I've been looking at some cold steel push daggers, but I gave up on them because of this part of the law. I've only heard that "dagger" means that both sides of the blade is sharp. This could change everything
Remember, that any knife with a blade over 5 1/2 inches in length is an illegal knife. And, that case describes a particular knife in a particular criminal case.
- by jbarn
- Sat Jan 18, 2014 3:26 pm
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: EDC of a fixed-blade knife in the pocket
- Replies: 37
- Views: 10291
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
- by jbarn
- Sat Jan 18, 2014 2:18 pm
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: EDC of a fixed-blade knife in the pocket
- Replies: 37
- Views: 10291
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