Texas Knife Laws - New Info

[Heartland Patriot]

Okay, let me ask a question in regards to this one. I have a K-Bar "baby" version my wife bought me for a present a while back. The blade on it measures 5 and 1/4 (ONE QUARTER) inches, but it is a FIXED blade and is carried in a sheath. My knowledge of Texas knife laws is about non-existent. And thus I haven't carried it anywhere. Is this sort of knife illegal to carry on your person? The blade is shorter than the 5 and 1/2 (ONE HALF) inches rule, but does it being fixed make it "illegal", or the fact that it has a guard? Or that it is in the "style" of a fighting knife? Maybe the OP could carry something like this one if it is NOT illegal...and maybe I will learn something new from you folks. Thanks.

[srothstein]

Heartland Patriot, the potential problem for carrying your knife is not the length. The law only makes longer than 5.5 inches illegal (well, state law - some cities like San Antonio have ordinances the other way). But, the law also forbids carrying bowie knives and does not put a size limit on them. There is a great deal of gray area on this, especially with the law using the lower case "b" instead of upper case. This has generally been interpreted to mean anything in the style of a Bowie knife, including technically those little one inch blade souvenir replicas. Most cops will go with the blade shape of having a clip point and only one edge sharpened. Some might look further at it and some will ignore it. It will really depend on the cop and the individual circumstances, but in any case it is a gray area, IMHO.

[Bullwhip]

TX needs knife preemption. We need to repeal all knives from the "prohibited weapnons" category too. Bowie knife isan "illegal knife"? Jim Bowie died at the Alamo wearing one (I like to think he went down swinging one), but Texas says you can't carry one? that's wrong!

[9mmfan]

By that rationale, as the GM of a bar I can carry anywhere, open or concealed. For real. Look it up. Nonapplicability. The last time I perused the statutes, it simply stated "46.02 does not apply... to an alcoholic beverage license or permit holder, or an employee of a license or permit holder who oversees the operation of the licensed or permitted premises." Under the SPIRIT of the law, I understand that I am allowed to possess a weapon on the licensed or permitted premises ; be it a handgun (S&W 637, 'bout to be an EMP 9MM), a club (any of the number of baseball bats we have behind the bar), or an illegal knife (none of which are currently on premise, though I suspect a machete could make a statement. We are a friendly place.) Under the LETTER of the law, I can have any of those 'bout anywhere I care to be. However, I do not care to have to hire a lawyer to explain these finer points. Therefore, I choose to follow the SPIRIT of the law, which goes along with common sense. Jack McCoy taught me this after several years of Law & Order. If you want to have a club or illegal knife, have it in your home, your car, or your place of business. Other than that, if you get busted for possession of such, just hope that some hair-splitting guy like me is on your jury. Otherwise, will bake you a cake. :)

[Heartland Patriot]

Heartland Patriot, the potential problem for carrying your knife is not the length. The law only makes longer than 5.5 inches illegal (well, state law - some cities like San Antonio have ordinances the other way). But, the law also forbids carrying bowie knives and does not put a size limit on them. There is a great deal of gray area on this, especially with the law using the lower case "b" instead of upper case. This has generally been interpreted to mean anything in the style of a Bowie knife, including technically those little one inch blade souvenir replicas. Most cops will go with the blade shape of having a clip point and only one edge sharpened. Some might look further at it and some will ignore it. It will really depend on the cop and the individual circumstances, but in any case it is a gray area, IMHO.

So, let me get this straight: A K-Bar (or similar) type knife is potentially illegal because it is, or can be, considered to be a "Bowie knife"? Somehow I don't think that either Jim Bowie or the K-Bar company would agree...and I, probably along with a LOT of other people, are getting darned tired of this "gray area" business...sounds like a way for some politicians to win elections and some lawyers to line their pockets at the expense of the rest of us out here in the real world...because I just don't see how the rest of us win by not having clear laws to follow...

[hirundo82]

This was discussed around here a lot several years back. The conclusion seemed to be (per Mr. Cotton IIRC) that the intention of the legislature was to make §46.02 non-applicable to CHLs for handguns only.

...son just moved to San Antonio...believe they have an ordinance against any lockback knife carried on the person...

From the San Antonio municipal ordinances:

Sec. 21-17. - Certain knives prohibited generally; exceptions; penalty for violation.

(a)It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5½) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.

I'm not sure why they want to outlaw a basic safety device for knives, but my conclusion is that if you want to carry more than a Swiss Army knife in San Antonio you have to carry:
1) a lockblade with blade exactly 5.5" long (note SA only prohibits blades less than 5.5". and state law only prohibits blades over 5.5"), or
2) a fixed blade (within the limits set by state law obviously).

[speedsix]

...betcha they typoed that one when they passed it...it makes no sense...

[SomeFourMenToura]

TX needs knife preemption. We need to repeal all knives from the "prohibited weapnons" category too. Bowie knife isan "illegal knife"? Jim Bowie died at the Alamo wearing one (I like to think he went down swinging one), but Texas says you can't carry one? that's wrong!

That might be. And I agree with you. Not all knives are illegal so to speak. Like the kitchen knife.

[speedsix]

TX needs knife preemption. We need to repeal all knives from the "prohibited weapnons" category too. Bowie knife isan "illegal knife"? Jim Bowie died at the Alamo wearing one (I like to think he went down swinging one), but Texas says you can't carry one? that's wrong!

That might be. And I agree with you. Not all knives are illegal so to speak. Like the kitchen knife.

...welcome to the forum...read rule #1...

[G.A. Heath]

The arguments about the exemption in 46.15 can be two edged swords. For the folks who believe its a blanket exemption to 46.02 it can also be an arrest, trial, and possible conviction since we have no case law or AG opinion. For those who say our license says "Concealed Handgun License" and not a "Concealed Weapons License" they have to remember that the CHL is used for more than concealed carry as it is. Our CHL doesn't say anything about being a Voter ID, but as of the first it now serves as one. Our CHL doesn't say anything at all about being a pass to get into the State Capital faster, but it works for that too. Our CHL says nothing at all about skipping NICS checks, but it lets us do that as well.

[speedsix]

...the whole reason I got the CHL was to legally carry guns...I can legally carry a fixed blade knife of a length that will be an excellent defensive weapon...I see no need to become the test case to carry a knife that is forbidden by law, when everything in CHL law deals with HANDGUNS...choose your battles wisely...if you're found guilty of UCW, you're jeapordizing your CHL...seems silly to me...

[Keith]

Its funny because Walmart in Texas is selling Winchester Bowie knives with 7to8 inch inch blades with sheaths but you cant legally carry them

[apostate]

Its funny because Walmart in Texas is selling Winchester Bowie knives with 7to8 inch inch blades with sheaths but you cant legally carry them

Not downtown. Hunting is another story. See 46.15

[Heartland Patriot]

...the whole reason I got the CHL was to legally carry guns...I can legally carry a fixed blade knife of a length that will be an excellent defensive weapon...I see no need to become the test case to carry a knife that is forbidden by law, when everything in CHL law deals with HANDGUNS...choose your battles wisely...if you're found guilty of UCW, you're jeapordizing your CHL...seems silly to me...

In all seriousness, can someone please give me some examples of knives that will NOT be considered illegal due to the SHAPE or STYLE of the knife blade and is not a folding pocket knife such as the plain old Buck I've had since I don't remember when (and a short explanation as to why those shapes are less "evil" in the eyes of the law). I understand the length thing. My 'baby" K-Bar is shorter than 5.5"...but according to some it MIGHT be CONSTRUED to be LIKE a little b "Bowie knife", so I'm simply flirting with disaster if I were to wear it outside of my home. It was (I thought) a nice present from my wife...and it simply sits in my gun cabinet. (I'm not trying to antagonize speedsix or anything of the sort...I just really don't understand the laws on this one. )

[speedsix]

...look at the Bowie type blade...and choose another...a Tanto is not a Bowie...a sheepfoot isn't...many styles of blades, all under 5.5" are available as fixed or folders...and are legal in Texas...(NOT San Antonio)...most knife shops will sell you anything you have money for....and don't care about the carry laws...but you can find a lot of choices that are legal...


...these are Bowies...stay away from this style of blade...also double edged and round styles...

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