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Need new knife laws in Texas

Posted: Sat Feb 12, 2011 10:01 pm
by cclacy
I posted this in the Texas 2011 Legislative area of the site, but I know that area doesn't necessarily get a lot of traffic. I just wanted to post it here and see if I got any more responses.

I was wondering if Charles or someone else has any ideas on a Rep or Senator who would be friendly to the idea of writing some bills expanding our knife rights here in Texas for this session. There has been a trend in a few states in recent years of making automatic knives (switchblades) legal. The laws that outlawed such knives are remnants from the 1950's, and I would love Texas to do something about it. I personally find it a bit ridiculous that I can carry a handgun but not an automatic knife in my state. Since assisted open knives are legal (which has also been clarified on the federal level, which is great), I see no reason autos shouldn't also be legal. In a practical sense, there really is no difference. New Hampshire, of all places, recently changed state law allowing automatic knives to be carried.

Also Arizona recently made there state knife laws pre-emtive. I actually assumed it was that way in Texas (as state gun laws are) until I recently read that San Antonio outlaws pocket knives with a blade that locks (which are 99.9% of pocket knives). To have one for actual use that didn't lock would be a pretty dangerous tool (to the user) to use. I'd like to see the law in Texas change so cities can't outlaw knives that would otherwise be legal under state law (as our gun laws in the state are written).

I'm a huge supporter of gun rights and went on an all out phone call, flyer hand out, and letter writing campaign in '09 for campus and parking lot carry. I was on the phone with Alice Tripp (TSRA lobbyist) every few days getting updates. She is great btw. I passed out flyers to dozens of people (that had all the bill info and rep and senator contact info on them). I also got two local gun stores to put the flyers I made in their stores for customers to take copies. I'll do the same this time around. I just feel like our rights where knives are concerned often get overlooked. I wouldn't even be totally opposed to a Florida model that has a concealed WEAPONS permit, where one can carry things along with their handgun like auto knives or batons.

I know I'm preaching to the choir here. I just wanted to know if anyone has any ideas on who might write such a bill or bills. I plan to contact my rep and Senator, but neither seem to be too friendly to the cause. Senator Steve Ogden voted against Campus carry in '09. He insisted on the Petroleum company exemption to parking lot carry ( Senate version of the bill ) when it was in committee. I'm not sure I'll get very far with him.

Any comments or suggestions would be appreciated.

Re: Need new knife laws in Texas

Posted: Sat Feb 12, 2011 10:24 pm
by Thomas
:iagree:

Some (legal) assisted open knives are much more dangerous than switchblades, because they are made to open at the lightest touch, and often that means opening in pockets when the carrier of the knife isn't aware of it. That's right, switchblades are safer than current spring assisted knives.

I open carry my knife a lot, in public (clipped to the inside of my pocket). I am thinking about obtaining a safer knife for myself. I would open carry that in public too because I've never had anyone hassle me about it. I honestly don't know the laws about knives in Texas. A knife is a tool. I don't think it should be restricted.

Re: Need new knife laws in Texas

Posted: Sat Feb 12, 2011 11:22 pm
by Beiruty
Maybe ban the auto knifes for felon and allow it to CHLer?

Re: Need new knife laws in Texas

Posted: Sat Feb 12, 2011 11:57 pm
by G.A. Heath
I'm willing to bet that http://www.kniferights.org/" onclick="window.open(this.href);return false; is looking at the same issues and may already have some answers to your questions. At least check them out.

Re: Need new knife laws in Texas

Posted: Sun Feb 13, 2011 6:35 am
by speedsix
...how about a new law punishing the criminal USE of knives of any type with a stiff penalty and no leeway for a judge or jury to lessen it...and leave the rest of us alone? Punish the guilty would be a novel idea...instead of restricting and repressing the innocent...

Re: Need new knife laws in Texas

Posted: Sun Feb 13, 2011 9:05 am
by LongHairedRedneck
speedsix wrote:...how about a new law punishing the criminal USE of knives of any type with a stiff penalty and no leeway for a judge or jury to lessen it...and leave the rest of us alone? Punish the guilty would be a novel idea...instead of restricting and repressing the innocent...

Unfortunately politicians don't think this way.....wait a minute, do politicians even think? Or have common sense?

Re: Need new knife laws in Texas

Posted: Sun Feb 13, 2011 10:18 am
by Greybeard
Methinks the agenda(s) are already way too full with other issues that people have been working on for years to get much support this session.

Re: Need new knife laws in Texas

Posted: Sun Feb 13, 2011 12:20 pm
by Fangs
This discussion has come up a few times, and from what I remember of the posts, pretty much everyone here agrees with you. Some think that the exception granted to CHLers to carry a handgun also negates all of 46.02, although I don't think there's been any case law on the matter.

It is pretty ridiculous that Texas trusts me to carry as many guns as I can conceal, but not a "club".

How hard would it be to sneak a specifically worded exception to 46.02 for CHLers into something like the parking lot bill?

Re: Need new knife laws in Texas

Posted: Sun Feb 13, 2011 12:46 pm
by cclacy
I agree that an exemption for CHL folks on other prohibited weapons (clubs, illegal knives, etc) could be added as an amendment to another related bill. That would at least be a start. And what's the deal with Bowie knives and double edged blades being illegal? That's another really out-dated provision in the law that never really made sense to begin with.

Re: Need new knife laws in Texas

Posted: Sun Feb 13, 2011 5:39 pm
by Rebel
cclacy wrote:I agree that an exemption for CHL folks on other prohibited weapons (clubs, illegal knives, etc) could be added as an amendment to another related bill. That would at least be a start. And what's the deal with Bowie knives and double edged blades being illegal? That's another really out-dated provision in the law that never really made sense to begin with.
When most people find out that Bowie knives are illegal it shocks them as Texas is so closely associated with the Bowie.

Re: Need new knife laws in Texas

Posted: Sun Feb 13, 2011 7:30 pm
by jamisjockey
speedsix wrote:...how about a new law punishing the criminal USE of knives of any type with a stiff penalty and no leeway for a judge or jury to lessen it...and leave the rest of us alone? Punish the guilty would be a novel idea...instead of restricting and repressing the innocent...
"rlol"

We can't have that kind of free thinking when there is fear-mongering to be had. Surely, public safety outweighs personal freedom? :smilelol5:

Re: Need new knife laws in Texas

Posted: Sun Feb 13, 2011 9:06 pm
by ELB
I agree that knife laws across the board are warped and need to be changed.

But I think the bigger scheme of things this is unlikely (as in never) to be changed unless the self-defense reasoning/debate/issue is broadened to include all forms of self-defense, not just guns, especially handguns.

Just getting to "shall issue" for handguns sucked up pretty much all the political energy for 20 years. In the next few years, at minimum, the energy will be expended on widening the impact of Heller and McDonald (i.e. handgun-centric) and fending off the periodic resurrections of magazine capacity limitations and "assault weapon" bans.

I hope I am wrong and the self-defense portion of 2A rights can be broadened to SD in general, not just with handguns, but I am pessimisic.

Re: Need new knife laws in Texas

Posted: Mon Feb 14, 2011 5:33 pm
by HankB
speedsix wrote:...how about a new law punishing the criminal USE of knives of any type with a stiff penalty and no leeway for a judge or jury to lessen it...
You mean we don't ALREADY have a law on the books punishing criminal use of a knife?

Re: Need new knife laws in Texas

Posted: Mon Feb 14, 2011 5:38 pm
by speedsix
...read the part after the AND...that would be the new part...we have PLENTY of laws in place to reduce crime...but they seem to have a hard time doing the enforcing part...instead "they" just make more and stricter for those of us to keep who don't break them in the first place...and the street scum ignore those, too...if we can legislate the second part...they'll see a drop in crime...

Re: Need new knife laws in Texas

Posted: Mon Feb 14, 2011 6:02 pm
by Mr.ViperBoa
Thomas wrote::iagree:

Some (legal) assisted open knives are much more dangerous than switchblades, because they are made to open at the lightest touch, and often that means opening in pockets when the carrier of the knife isn't aware of it. That's right, switchblades are safer than current spring assisted knives.
I have been carrying one for years and have never had it come open in my pocket.