Texas knife law applying to carrying knives.

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Bstead
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Texas knife law applying to carrying knives.

#1

Post by Bstead »

I have always carried a knife, but hadn't really read the law till after my CHL class. It's honestly pretty nuts and the way they went about trying to outlaw switch blades and bailsongs is way out there. For one thing I don't think the type of knife matters if someone is sticking you up with one kitchen knife, Swiss army knife, or switch blade is irrelevant. Likewise it doesn't matter to me if they are using any type of knife legally etc.


“Switchblade knife” means any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that:
(A) opens automatically by pressure applied to a button or other device located on the handle; or
(B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.

The biggest issue I have is the part about centrifugal force. For one what does it matter to start with, but more importantly I personally don't activate a bailsong like that. I open a bailsong the same way I open a single blade folder; by holding the handle and quickly pushing out then pulling back. That applies for both my assisted opening and completely manual folders. I don't operate them by pushing on the knob on the blade. So, by definition every knife I own could be considered a switch blade or not based on how I operate them. They have gone after people possessing bailsongs using that definition what's to stop them going after people using folders? I just wanted to see what some of y'all think.

Thomas

Re: Texas knife law applying to carrying knives.

#2

Post by Thomas »

Hi, and welcome to the forum!

I can't say I've ever heard of a bailsong before. What's the difference between that and a butterfly knife?

"by the application of centrifugal force." - That's odd. All you have to do is loosen the knife a bit and then it's pretty easy to do. Of course now with assisted opening knives and finger-assisted blades, that really isn't relevant anymore.

Of course I just bought an automatic knife, but I won't be going out in public with it anytime soon. A) It's a felony to possess unless you're carrying out official duties, in Texas. B) The knife is pretty big and sticks out of the pocket a bit. (I bought it for my job.)

Of course Section of the Penal Code states "Sec. 46.15. NONAPPLICABILITY. (b) Section 46.02 does not apply to a person who: (6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;"
And Section 46.02 is what makes it an offense to carry an illegal knife. There is another topic where it is discussed whether or not carrying under the authority of a CHL means you can also carry an illegal knife. If you're interested in that, you'll have to dig that one up. Of course that section doesn't mention automatic knives :grumble

Thomas

Re: Texas knife law applying to carrying knives.

#3

Post by Thomas »

Ah, thanks.

Also, welcome to the forum schalacer!

tommyg
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Re: Texas knife law applying to carrying knives.

#4

Post by tommyg »

Anything to make life hard for honest people....A criminal will carry anyway...Laws like this do more harm than good
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JALLEN
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Re: Texas knife law applying to carrying knives.

#5

Post by JALLEN »

What is a "butterfly knife?"

What about the SOG Flash II I've been carrying here (and when I've been in Texas) for years?
Luckily, I have enough willpower to control the driving ambition that rages within me.

Thomas

Re: Texas knife law applying to carrying knives.

#6

Post by Thomas »

JALLEN wrote:What is a "butterfly knife?"

What about the SOG Flash II I've been carrying here (and when I've been in Texas) for years?
Spring-assisted is legal, as long as you initiate the opening of the knife by moving the blade and not a button.

In my opinion, most spring-assisted knives are more dangerous than automatic knives because they can open unwanted-ly very easily.

Topic author
Bstead
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Re: Texas knife law applying to carrying knives.

#7

Post by Bstead »

Thanks for the responses. I didn't think I was alone in finding the knife carrying laws to be a bit nuts.
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AEA
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Re: Texas knife law applying to carrying knives.

#8

Post by AEA »

I don't normally carry a knife. But I did at one time look at the laws and I seem to remember that there is a defense to prosecution for CHL holders in there somewhere concerning some knives.
Alan - ANYTHING I write is MY OPINION only.
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RPB
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Re: Texas knife law applying to carrying knives.

#9

Post by RPB »

seriously considering ordering a newer/better 5.5" bladed knife (mine has no pocket clip, doesn't stay as sharp as it should and the scabbard/knife sheath is worn out)


looking at one about the same size as what I carried i college/keep in car glove compartment now since the sheath wore out (I could add a pocket clip I suppose, but I want a new one)
looking at:

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;
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 prefer the folding pocket clip type, but I suppose I could belt carry a fixed blade one of similar size into the 30.06 posted hospital along with my PepperBlaster on a belt holster
Last edited by RPB on Wed Oct 03, 2012 12:35 pm, edited 1 time in total.
I'm no lawyer

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RPB
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Re: Texas knife law applying to carrying knives.

#10

Post by RPB »

I just found a bargain so I got two
one Tanto with serrations and one clip point
http://www.midwayusa.com/product/793974 ... roductDesc" onclick="window.open(this.href);return false;
Cold Steel Voyager XL Folding Tactical Knife 5-1/2" AUS 8A Stainless Steel Blade Grivory Handle Black
Technical Information

Folding or Fixed Blade: Folding
Blade Steel: AUS 8A stainless steel
Handle Material: Grivory
Blade Shape: Clip Point or Tanto
Serrated: Plain Edge or Partially
Pocket Clip: Yes
Carry Options: Tip Up, Ambidextrous
Locking Mechanism: Tri-Ad
Blade Finish: Stainless
Rockwell Hardness: 57-59
Opening Method: Thumb Stud
Blade length: 5.5"
Blade Width: .157"
Closed Length: 6.75"
Overall Length: 12.25"
Weight: 6.5 oz
$59.00 each
Image
and
Image
===============================================

Now, with my customized fighting cane I made of Hickory, like Louisville Slugger baseball bats, and these below Items, I'm ready to go for my medical tests at the 30.06 posted clinics
http://www.midwayusa.com/" onclick="window.open(this.href);return false;

Cold Steel Voyager XL Clip Folding Tactical Knife 5.5" Clip Point AUS 8A Stainless Steel Blade Grivory Handle Black
Product #: 793974 $59.99 1 $59.99

Cold Steel Voyager XL Tanto 50/50 Edge Folding Tactical Knife 5.5" Partially Serrated Tanto Point AUS 8A Stainless Steel Blade Grivory Handle Black
Product #: 866825 $59.99 1 $59.99

DeSantis Pepper Pocket Holster Ambidextrous Kimber Pepper Blaster II Leather Brown
Product #: 767583 $9.99 1 $9.99

Kimber Guardian Angel Pepper Blaster II Pepper Spray Gel 10% OC Red
Product #: 344219 $38.99 2 $77.98


Kimber Pepper Blaster II Carrying Pouch Nylon Black (belt holster)
Product #: 374219 $18.99 1 $18.99

In Stock Product Subtotal: $226.94
Postage, Handling & Insurance: $4.21
NRA Round-Up Contribution: $0.85
In Stock Grand Total: $232.00


This Obamacare stay healthy junk is costing me too much when I go to a 30.06 posted hospital for tests. :lol:
Heck, I might sign up for college courses now ...
Last edited by RPB on Mon Nov 19, 2012 8:49 am, edited 8 times in total.
I'm no lawyer

"Never show your hole card" "Always have something in reserve"

dave_in_austin
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Re: Texas knife law applying to carrying knives.

#11

Post by dave_in_austin »

Personally, I have never seen a folding knife that opens using centrifugal force. Centrifugal (or centripetal for that matter) acts only in a direction away from or towards the point of rotation (the pivot pin in the knife) and as such cannot do any work causing a change in the state of a folding knife (unless the length of the blade changes resulting in a movement toward or away from the pivot pin) . The opening of butterfly type knife is due to the torque that the user applies to the knife which imparts angular momentum to the blade and handle. When the user applies a counter torque to the handle to stop its movement, the angular momentum of the blade causes it to continue rotating and open up out of the handle. To say this is opening with the application of centrifugal force has no basis in scientific fact. This is just another case where the lawyers tried to use a scientific term and got it wrong.

jordanmills
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Re: Texas knife law applying to carrying knives.

#12

Post by jordanmills »

Oddly, you can carry an "illegal knife" if you have a CHL and are carrying a concealed handgun of a type your license covers. But you have to be carrying a concealed handgun.

steve817
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Re: Texas knife law applying to carrying knives.

#13

Post by steve817 »

jordanmills wrote:Oddly, you can carry an "illegal knife" if you have a CHL and are carrying a concealed handgun of a type your license covers. But you have to be carrying a concealed handgun.
First time I have heard this, got a source?
Last edited by steve817 on Wed Oct 03, 2012 6:43 pm, edited 2 times in total.
"Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.."
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RPB
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Re: Texas knife law applying to carrying knives.

#14

Post by RPB »

jordanmills wrote:Oddly, you can carry an "illegal knife" if you have a CHL and are carrying a concealed handgun of a type your license covers. But you have to be carrying a concealed handgun.
yeah I know that argument, and I've read the statutes.
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;
Sec. 46.15. NONAPPLICABILITY.
b) Section 46.02 does not apply to a person who:



However
what I'm doing ...... I'm planning for the rare events of visiting a medical Imaging place/hospital that is 30.06 posted and I can't carry so I can'
t meet the >>> "and are carrying a concealed handgun of"

so, with my Glock and other pistols stored in the car, I'll go in with

Two 5.5" bladed knives, one concealed. one undecided
Two Kimber Pepper Blasters, one concealed, one open carried in the belt pouch
One concealed 5.5" bladed knife
Two open carried (maybe three, they are not semi-auto :mrgreen: mini crossbows http://www.misdefenseproducts.com/Mini- ... c-465.html" onclick="window.open(this.href);return false;
One AK-47, with 30 rounds (or my Folder SKS with 52 round mag) concealed
One hickory walking cane from Canemasters I customized.

I know what you are thinkin'' "What? No steeel toed pointy boots?"

nah, I wear sandals 12 months a year, but bought some camo croc type shoes today ... so no one will notice.
I"ll be so camouflaged the medical imaging machine will overlook me "rlol" http://www.crocs.com/camo-shoes/realtre ... zAodfG4Afw
I'm no lawyer

"Never show your hole card" "Always have something in reserve"

RPB
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Re: Texas knife law applying to carrying knives.

#15

Post by RPB »

steve817 wrote:
jordanmills wrote:Oddly, you can carry an "illegal knife" if you have a CHL and are carrying a concealed handgun of a type your license covers. But you have to be carrying a concealed handgun.


First time I have heard this, got a source?
The Statutes, in my layman's opinion say that, but it was not the intent of the legislature and you probably would be arrested and possibly convicted by a judge who doesn't care what the law is ...

This has been discussed a lot here and on pother forums, search for Sec. 46.15. NONAPPLICABILITY Knife or "46.15 b) (6)"

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;
Sec. 46.15. NONAPPLICABILITY.
b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;

=========================

As I said, I'll carry 3 semi-auto pistols, why would I need a knife with a 6" blade/butterfly knife/stilletto/dagger etc?
If the only way to carry an "illegal knife" is in places you can already carry a pistol, carry 2 or 3 pistols and a legal knife for orange peeling, whittling etc..

I carry a knife and other tools when I'm denied access to my pistols
That's when I can carry a long gun, unless "firearms" are prohibited, that's what crossbows knives and pepper spray are for
:evil2:

The WALKING cane stays with me everywhere, as does my several feet long keychain (short-chain fighting) https://www.google.com/search?q=chain+f ... 09&bih=593" onclick="window.open(this.href);return false;
short-chain videos
https://www.google.com/search?q=chain+f ... 09&bih=593" onclick="window.open(this.href);return false;

so i see no reason to have an "illegal knife" even if the statute says I can, if that's what it says.
I'm no lawyer

"Never show your hole card" "Always have something in reserve"
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