Knife Carry Questions
Moderators: carlson1, Charles L. Cotton
Re: Knife Carry Questions
Go back and read 46.02 then read 46.15.
46.02 says:
PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an
offense if the person intentionally, knowingly, or recklessly carries on or about his
or her person a handgun, illegal knife, or club if the person is not:
(1) on the person’s own premises or premises under the person’s control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned
by the person or under the person’s control.
(a-1) A person commits an offense if the person intentionally, knowingly, or
recklessly carries on or about his or her person a handgun in a motor vehicle or
watercraft that is owned by the person or under the person’s control at any time in
which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a
violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, “premises” includes real property and a
recreational vehicle that is being used as living quarters, regardless of whether
that use is temporary or permanent. In this subsection, “recreational vehicle”
means a motor vehicle primarily designed as temporary living quarters or a
vehicle that contains temporary living quarters and is designed to be towed by
a motor vehicle. The term includes a travel trailer, camping trailer, truck camper,
motor home, and horse trailer with living quarters.
(a-3) For purposes of this section, “watercraft” means any boat, motorboat,
vessel, or personal watercraft, other than a seaplane on water, used or capable of
being used for transportation on water;
(b) Except as provided by Subsection (c), an offense under this section is a Class
A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is
committed on any premises licensed or issued a permit by this state for the sale
of alcoholic beverages
46.15 say:
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces
or state military forces as defined by Section 431.001, Government Code, or as
TEXAS CONCEALED HANDGUN LAWS
52TEXAS CONCEALED HANDGUN LAWS
53
a guard employed by a penal institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting activity on the
immediate premises where the activity is conducted, or is en route between the
premises and the actor’s residence, motor vehicle, or watercraft, if the weapon is
a type commonly used in the activity;
(4) holds a security officer commission issued by the Texas Private Security
Board, if the person is engaged in the performance of the person’s duties as an
officer commissioned under Chapter 1702, Occupations Code, or is traveling
to or from the person’s place of assignment and is wearing the officer’s uniform
and carrying the officer’s weapon in plain view;
(5) acts as a personal protection officer and carries the person’s security officer
commission and personal protection officer authorization, if the person:
(A) is engaged in the performance of the person’s duties as a personal
protection officer under Chapter 1702, Occupations Code, or is traveling to or
from the person’s place of assignment; and
(B) is either:
(i) wearing the uniform of a security officer, including any uniform or
apparel described by Section 1702.323(d), Occupations Code, and
carrying the officer’s weapon in plain view; or
(ii) not wearing the uniform of a security officer and carrying the officer’s
weapon in a concealed manner;
(6) is carrying a concealed handgun and a valid license issued under
Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;
If you read it literally, it says that a person who is carrying a concealed handgun with valid CHL or is traveling is NOT bound by 46.02. Does that mean that you can carry a bowie knife and night stick? You be the judge.
46.02 says:
PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an
offense if the person intentionally, knowingly, or recklessly carries on or about his
or her person a handgun, illegal knife, or club if the person is not:
(1) on the person’s own premises or premises under the person’s control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned
by the person or under the person’s control.
(a-1) A person commits an offense if the person intentionally, knowingly, or
recklessly carries on or about his or her person a handgun in a motor vehicle or
watercraft that is owned by the person or under the person’s control at any time in
which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a
violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, “premises” includes real property and a
recreational vehicle that is being used as living quarters, regardless of whether
that use is temporary or permanent. In this subsection, “recreational vehicle”
means a motor vehicle primarily designed as temporary living quarters or a
vehicle that contains temporary living quarters and is designed to be towed by
a motor vehicle. The term includes a travel trailer, camping trailer, truck camper,
motor home, and horse trailer with living quarters.
(a-3) For purposes of this section, “watercraft” means any boat, motorboat,
vessel, or personal watercraft, other than a seaplane on water, used or capable of
being used for transportation on water;
(b) Except as provided by Subsection (c), an offense under this section is a Class
A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is
committed on any premises licensed or issued a permit by this state for the sale
of alcoholic beverages
46.15 say:
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces
or state military forces as defined by Section 431.001, Government Code, or as
TEXAS CONCEALED HANDGUN LAWS
52TEXAS CONCEALED HANDGUN LAWS
53
a guard employed by a penal institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting activity on the
immediate premises where the activity is conducted, or is en route between the
premises and the actor’s residence, motor vehicle, or watercraft, if the weapon is
a type commonly used in the activity;
(4) holds a security officer commission issued by the Texas Private Security
Board, if the person is engaged in the performance of the person’s duties as an
officer commissioned under Chapter 1702, Occupations Code, or is traveling
to or from the person’s place of assignment and is wearing the officer’s uniform
and carrying the officer’s weapon in plain view;
(5) acts as a personal protection officer and carries the person’s security officer
commission and personal protection officer authorization, if the person:
(A) is engaged in the performance of the person’s duties as a personal
protection officer under Chapter 1702, Occupations Code, or is traveling to or
from the person’s place of assignment; and
(B) is either:
(i) wearing the uniform of a security officer, including any uniform or
apparel described by Section 1702.323(d), Occupations Code, and
carrying the officer’s weapon in plain view; or
(ii) not wearing the uniform of a security officer and carrying the officer’s
weapon in a concealed manner;
(6) is carrying a concealed handgun and a valid license issued under
Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;
If you read it literally, it says that a person who is carrying a concealed handgun with valid CHL or is traveling is NOT bound by 46.02. Does that mean that you can carry a bowie knife and night stick? You be the judge.
Texas LTC Instructor
NRA Basic Pistol Instructor
NRA Life Patron Member TSRA Member
USMC 1972-1979
NRA Basic Pistol Instructor
NRA Life Patron Member TSRA Member
USMC 1972-1979
Re: Knife Carry Questions
Howdy, that is certainly what it looks like in the statutes. However, as has been discussed here, I don't think it's been tested in the courts yet and us law abiding don't want to be the test case.
RoyGBiv, that sure is an interesting setup. I think if I did something like that I might not opt for a knife with as curved a handle, but that looks doable.
RoyGBiv, that sure is an interesting setup. I think if I did something like that I might not opt for a knife with as curved a handle, but that looks doable.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
Re: Knife Carry Questions
Unless you expand on that it really means nothing. Do you know of a legal fixed blade knife that is measurable better than a folder when CC or is there some other point you are trying to make?The Rooster wrote:Let's hope the UBG who want to disarm us have the same blind spot.EEllis wrote:Now I'm speaking of fixed knives in plain view because I don't know of any that are good for CC.
Re: Knife Carry Questions
I've got that knife and quite like it. I just figure with all the choices of folder that between the assist and auto knives that I don't see a major benefit to carrying one canceled because even lifting a shirt slows you down when a folder can be carried openly with much less drama. I like my Ka bar but ......RoyGBiv wrote:Planning for concealed carry.EEllis wrote:It seems to me that legal or not the carry of a fixed blade is unusual enough to attract more attention than I would want without a specific purpose in mind. I also think it would be asking for problems if your reason for carrying is self defense where you can't carry a gun. Show up at a school and legal or not you have a good chance of ending up speaking with a cop about it and being told not to carry it again. Now I'm speaking of fixed knives in plain view because I don't know of any that are good for CC.
The knife I posted above can be carried like this.. (not same knife, not my photo, BTW.. Just similar.)
Easy enough to conceal under a shirt. I've also seen it done with the sheath between the belt and pants. With the right setup, all you see is enough of the grip to grab.
Re: Knife Carry Questions
Not to mention the OP specifically mentioned locations where he couldn't carry under his CHL. If you can't carry a handgun I doubt that it would get you out of other weapon charges.C-dub wrote:Howdy, that is certainly what it looks like in the statutes. However, as has been discussed here, I don't think it's been tested in the courts yet and us law abiding don't want to be the test case.
RoyGBiv, that sure is an interesting setup. I think if I did something like that I might not opt for a knife with as curved a handle, but that looks doable.
The Ka bar looks a bit counter intuitive but you would be surprised about how well it works for what they designed it for. Check out some of the YouTube video for the ka bar TDI
Re: Knife Carry Questions
Very interesting little knife. I especially like how quick it can be deployed compared to a folder. I like my little shuffle and it could be a great self defense blade, but it would probably take at least 3 seconds to deploy. If I come across this little TDI I would might get it now.EEllis wrote:Not to mention the OP specifically mentioned locations where he couldn't carry under his CHL. If you can't carry a handgun I doubt that it would get you out of other weapon charges.C-dub wrote:Howdy, that is certainly what it looks like in the statutes. However, as has been discussed here, I don't think it's been tested in the courts yet and us law abiding don't want to be the test case.
RoyGBiv, that sure is an interesting setup. I think if I did something like that I might not opt for a knife with as curved a handle, but that looks doable.
The Ka bar looks a bit counter intuitive but you would be surprised about how well it works for what they designed it for. Check out some of the YouTube video for the ka bar TDI
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
Re: Knife Carry Questions
Contact Steve Miles at Central Texas Combatives Training Group (CTCTG). He's also a member of this forum, as are other members of CTCTG (like me). The facebook page is https://www.facebook.com/CTCTG;" onclick="window.open(this.href);return false; there is also a website http://www.combativestraininggroup.com/forum/index.php" onclick="window.open(this.href);return false;.RoyGBiv wrote:.
....I need to find a good defensive knife class now...
Steve also runs Salado Martial Arts (in Salado, TX, of course), and this past year he was been offering knife defense sessions one Saturday per month (you will see pics on the Facebook site), for IIRC $20, which is a steal. I'm not sure he is running them for the last couple months of the year because he is bringing in some seminars with Tom Sotis as well as part of the CTCTG, and I suspect his plate is pretty full. But do contact him.
I know Salado is a bit of a drive from Fort Worth (would be well worth the trip at least once tho), but another option is to contact Robert Klenka (also a TexasCHLforum and CTCTG member) who teaches CHL and martial arts related stuff in Fort Worth. In fact, I just went to look up Robert's contact info, and he is running a knife seminar on October 25th -- see here http://www.combativestraininggroup.com/ ... /#msg23962" onclick="window.open(this.href);return false; and here: " onclick="window.open(this.href);return false; . Again, only $20, and you will get some good stuff. Altho the focus of the courses I mentioned seem to be defense against a knife, you learn lots about how to use one on your own behalf as well, such as accessing your own knife once an attack is under way (and this is directly transferable to accessing your pistol too). (CTCTG also practices empty hand, pistol, rifle, shotgun, etc).
There's actually plenty of knife training available in texas without spending a ton of $$, it's mostly a matter of making the time and effort to go. The occasional big name seminars run a few dollars, but the real valuable stuff is being able to practice with others on a regular basis, and that's what CTCTG is about.
Oh, and there are plenty of fixed blade knives suitable for everyday carry and defense, and they are not terribly expensive either since there are no moving parts. If you want to carry a great big bowie or something, then it gets tougher, but the 2"-3" bladed ones are very good easy to carry around and provide plenty of capability. One of my favorites is this one: " onclick="window.open(this.href);return false;.
Best wishes. Hope to see you at one of the CTCTG events.
USAF 1982-2005
____________
____________
Re: Knife Carry Questions
Yes. It is not overly common in most areas of the state, but some municipalities do have local restrictions. There is no knife pre-emption law in Texas, so they can do what they will, unlike concealed carry..I believe San Antonio has some law that is different than 5.5"... Might want to check around if you live in SA.
Re: Knife Carry Questions
Cities can only make Class C at most so worst case it's a $500 fine if they catch you and successfully prosecute.
Re: Knife Carry Questions
I usually wear a concealed fixed blade neck knife, no matter what else I'm carrying. Even when I workout. I can't think of any place that's off limits by law that doesn't usually have metal detectors.C-dub wrote:Other than the secure area of an airport, I can't think of any other places that are strictly off limits for legal pocket knives. There are places that prohibit them, like courthouses as mentioned in another thread, but that will be their own rules.
-
Topic author - Senior Member
- Posts in topic: 11
- Posts: 9551
- Joined: Wed Jan 05, 2011 11:41 am
- Location: Fort Worth
Re: Knife Carry Questions
Thanks very much for the references....ELB wrote:Best wishes. Hope to see you at one of the CTCTG events.
Not much time to post/online stuff this week... will check these out over the weekend.
Much appreciated.
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
-
Topic author - Senior Member
- Posts in topic: 11
- Posts: 9551
- Joined: Wed Jan 05, 2011 11:41 am
- Location: Fort Worth
Re: Knife Carry Questions
If I was the Judge, I might think about pressing my luck like that.howdy wrote:You be the judge.
it'll be expensive for the first person that tries/needs to use that loophole, but, it does appear to be a loophole.
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
Re: Knife Carry Questions
You sound like OCT.EEllis wrote:I don't see a major benefit to carrying one canceled because even lifting a shirt slows you down
-
- Senior Member
- Posts in topic: 1
- Posts: 772
- Joined: Sun Feb 24, 2013 11:39 am
- Location: Garland, TX.
Re: Knife Carry Questions
You can add Six Flags over Texas to list of no knives. I found out first hand. I will not be going back ever. No CHL carry and no knives= no TXGLOCK21.pancho wrote:I usually wear a concealed fixed blade neck knife, no matter what else I'm carrying. Even when I workout. I can't think of any place that's off limits by law that doesn't usually have metal detectors.C-dub wrote:Other than the secure area of an airport, I can't think of any other places that are strictly off limits for legal pocket knives. There are places that prohibit them, like courthouses as mentioned in another thread, but that will be their own rules.
"Laugh about everything or cry about nothing."
NRA Life Member & TSRA Member/ Former USAF
NRA Life Member & TSRA Member/ Former USAF
Re: Knife Carry Questions
That is silly. If you want to make a counterpoint then do so. The hit and run comments without bothering to even state the issue is getting old.victory wrote:You sound like OCT.EEllis wrote:I don't see a major benefit to carrying one canceled because even lifting a shirt slows you down
Really tho with folder having come so far and the current legality of auto knives I have to wonder if there is much of an advantage to a concealed fixed knife.