Texas Knife Laws - New Info

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Heartland Patriot

Re: Texas Knife Laws - New Info

#31

Post by Heartland Patriot »

speedsix wrote:...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...

http://www.google.com/#sclient=psy&hl=e ... 93&bih=499" onclick="window.open(this.href);return false;

Okay, I kind of get what you are saying. So to get the concept straight, I'll ask one last set of questions on this: is a FIXED BLADE tanto-style (for instance) knife under 5.5" legal? Or does it being fixed blade have anything to do with it? Also, is it allowed to have a guard? I was always taught that the simplest machines and tools are the least likely to break. And a good knife has a lot of uses. I really hate being without one. Thank you for the reply.

apostate
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Re: Texas Knife Laws - New Info

#32

Post by apostate »

Texas state law does not directly distinguish between fixed blade and folding knives. (The San Antonio municipal ordinance is another matter, as is state law outside Texas.)

Arguably there are indirect distinctions. For example, a fixed blade knife is clearly not a switchblade. ;-)

PATHFINDER
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Re: Texas Knife Laws - New Info

#33

Post by PATHFINDER »

Endeavoring to construct "perfectly" worded statutes in any language - let alone English - is a kin to chasing air bubbles around a waterbed.

Consider Section 46.035(a) - intentional failure to conceal a handgun by a licensee . A person may lawfully carry an AK , and an AR openly strung over each shoulder- but may not intentionally fail to conceal a holstered 1911 AT THE SAME TIME. Makes no sense whatsoever. The Legislature simply did not consider such a scenario when constructing 46.035(a). The focus of attention was the invisioned scenario of a CHL holder intentionally displaying his/her armed condition in public (I believe) in a "threatening" manner- which can involve a very subjective question of fact. It was determined by the Legislature to require concealment by licensees rather than leave the "barn door" open to a stampede of 42.01 (a)(8) complaints (disorderly conduct - display of deadly weapon in public in a manner calculated to cause alarm).

Although it fails the common sense test to allow a licensee to carry a handgun in lawful defense - but not a "Bowie Knife"-
SPECIFICITY ( CHL & HANDGUN) RULES OUT GENERALITY .

At least that's my take .

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Re: Texas Knife Laws - New Info

#34

Post by tanker1983 »

I have a Kershaw Trooper 5.5' blade. Is IT legal to carry? I keep it in the truck all the time.
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speedsix
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Re: Texas Knife Laws - New Info

#35

Post by speedsix »

...nope...what you've pictured is a "dagger"...two sharp edges...prohibited...fixed blades in Texas are not all illegal, just one in a prohibited blade type...used to carry an Uncle Henry in a sheath under my shirt in a front jeans pocket attached to the belt...comfy and fast...not illegal...under 5.5" and not a forbidden type...it makes me weary how complicated Texas has the knife laws...but they're here...in La. the blade had to be 5.5" or less and nothing else forbidden but switchblades...much simpler...we just gotta find out who's stumpin' the new knife laws in Austin and support them...we could get it cleaned up next session...

...it's always easier to over-regulate the THING...instead of punishing the actions of the PERSON who picked it up...politician's credo...
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G.A. Heath
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Re: Texas Knife Laws - New Info

#36

Post by G.A. Heath »

speedsix wrote:we just gotta find out who's stumpin' the new knife laws in Austin and support them...we could get it cleaned up next session...
In that case I suggest looking into kniferights.org
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speedsix
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Re: Texas Knife Laws - New Info

#37

Post by speedsix »

...thanks for that link!!!

...fixed blades are legal in Texas state law...concealed or not...as are guards on knives...neither is prohibited...but some cities can be stricter...once you get a bit of training with a knife, you kinda hafta have one around for the rest of your life...you can be legal and well armed with a good knife in Texas...just gotta dance around their hazy laws...I see guys carrying illegal Bowies and other knives on their belt at Home Dippy often...noone really cares...kinda depends on where you are and what you're up to how much official attention you get...

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Re: Texas Knife Laws - New Info

#38

Post by RPB »

Just a note about switchblades.

Texas law
Illegal under Texas law

Federal law
Was/may still be, illegal under Federal law BUT ...There used to be (unsure now) an exemption under Federal law for people who only had 1 hand (The Federal law exception didn't change the fact it was illegal under Texas law)

Murphy's law
Never carry one in a front pocket, there'll always be a Police officer in the store near you when you lean against a counter and it opens up with the blade in a place which makes you skeered to take a step and ..... well, just don't carry them .... don't ask how I know, but teens aren't as smart as old people are. Self-performed hernia surgery isn't a goal for which to strive. (And trying to be explaining to your date why you aren't going to go with her to another aisle to look at this or that ...while a policeman is within ear-shot is precarious in more ways than one)

IMHO Hardly worth owning one, even as an antique/curio ... I used to collect them as collectables in the 1960s, but disabled them and got rid of them many many years ago.
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Re: Texas Knife Laws - New Info

#39

Post by johnson0317 »

I have several knives, and plan to get many more, but my favorite EDC is a Kershaw Tanto Blur. I used to carry this hooked into the waistband of my scrubs. Keep in mind that this is an assisted opening knive. Well, I am not sure what assisted it, but it opened in my pants. I am so glad I was in a relatively private place where I could carefully remove it. It left a little pinpoint hole to remind me to be more careful. I have since then bought several pairs of scrubs that have multiple pockets in them. It is great cause I can carry the knife, my Streamlight PT-2l, and my Leatherman with me at all times. The streamlight is actually an effective light on the lowest setting, and I use it many times a day to look at pupils, etc.


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Re: Texas Knife Laws - New Info

#40

Post by mreavis »

OK so I have to ask...

Assuming this means it is legal for a CHL holder carrying his handgun, in all places he legally can, IS exempt from illegal knife and club restrictions. And I quote "swords". Considering I see nothing about concealment for the knifes or clubs. This would mean I could carry a sword or mace around on my back while legally carrying my handgun?

I think this is the quickest way to test case this. It also leads me to believe there is no protection. Because unless I am missing something- if you can carry a 6 inch fixed blade or an ASP and be legally protected from that. I am buying a sword.
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G.A. Heath
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Re: Texas Knife Laws - New Info

#41

Post by G.A. Heath »

mreavis wrote:OK so I have to ask...

Assuming this means it is legal for a CHL holder carrying his handgun, in all places he legally can, IS exempt from illegal knife and club restrictions. And I quote "swords". Considering I see nothing about concealment for the knifes or clubs. This would mean I could carry a sword or mace around on my back while legally carrying my handgun?

I think this is the quickest way to test case this. It also leads me to believe there is no protection. Because unless I am missing something- if you can carry a 6 inch fixed blade or an ASP and be legally protected from that. I am buying a sword.
In theory: yes it would be legal as long as you have your CHL and handgun on your person as well.
In practice: You will probably get arrested for the swords.
In court: Who knows, a wise paralegal once told me "No sane person wants a case to go to court, you can never tell what will happen."
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Re: Texas Knife Laws - New Info

#42

Post by gigag04 »

Wow this is new...
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Fangs
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Re: Texas Knife Laws - New Info

#43

Post by Fangs »

gigag04 wrote:Wow this is new...
Um, sarcasm? ;-)
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Re: Texas Knife Laws - New Info

#44

Post by longtooth »

Fangs wrote:
gigag04 wrote:Wow this is new...
Um, sarcasm? ;-)
I think so. :thumbs2:
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Re: Texas Knife Laws - New Info

#45

Post by speedsix »

nighatwasim88 wrote:
speedsix wrote:...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...
wow this well informative..... :thewave

...welcome to the forum, nighatwasism88, lots of good information here...jump right in and enjoy us...(or endure us, as the case may be)...
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