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Knife Question

Posted: Sun Sep 25, 2005 2:42 pm
by JLaw
Is it legal to carry a fixed blade knife (<5 1/2 inches of course) concealed? Such as under a button up shirt, not visible in a belt sheath or anything like that. The only reason I ask is because I never see anyone carrying a fixed blade knife in a belt sheath, and I try to not be noticed in public. I'd be a little worried about alerting the sheeple and someone saying something. Maybe I'm just being too cautious.
Anyways, any answers/comments???

Thank you.

JLaw

Posted: Sun Sep 25, 2005 2:45 pm
by one eyed fatman
Check http://www.pack.org. I think the legal blade length here is 4 1/2.

Posted: Sun Sep 25, 2005 6:13 pm
by moriar
Last I knew, in Texas any ordinary folding knife of less than 5 1/2 inch blade is not prohibited from carry.

An "Illegal Knife" is, however. Bigger that 5 1/2 inch blade, and it's an "Illegal Knife". I don't recall if a knife specifically designed to be a weapon is an illegal knife.

Be advised that San Antonio specifies it to be "unlawful" to carry any knife of blade less than 5 1/2 inches that "upon opening becomes a fixed blade knife". They don't define "fixed blade knife" anywhere, so I don't know if they mean the knife is no longer capable of being closed without the use of other tools, or if they mean to include knives where you have to operate a safety-catch release to close. They also do not specify any kind of punishment, or what degree of crime it is. (It may also be illegal to enforce, as the city ordinance also prohibits the carry of a 2-inch locking switchblade, which is already addressed in the State Law.)

Personally, I'm never without my Leatherman Wave, which has about 3.5 inch blade, or thereabouts.

Posted: Mon Sep 26, 2005 12:01 am
by txinvestigator
It is unlawful to carrry on or about your person an illegal kife. Those are defined by the penal code as



(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, stilletto*,
and poniard;

*So in original. Probably should be "stiletto".

(D) bowie knife;

(E) sword; or

(F) spear.

Posted: Mon Sep 26, 2005 9:38 am
by Paladin
If you've got your CHL and are legally carrying your handgun, the 'illegal knife' thing shouldn't be a problem for you.

Although just the same I wouldn't recommend walking around town wearing samuari swords ;)

Posted: Mon Sep 26, 2005 12:07 pm
by 30Carb
go to packing.org

click on the down arrow of "Jump to state" box;

click on Texas;

After the disclaimer page and at the new page, scroll down on the right side of the screen to "Texas Knife Laws".

Posted: Mon Sep 26, 2005 12:09 pm
by 30Carb
Paladin wrote:If you've got your CHL and are legally carrying your handgun, the 'illegal knife' thing shouldn't be a problem for you.

Although just the same I wouldn't recommend walking around town wearing samuari swords ;)
It will be a BIIIG problem for anyone to carry an illegal knife. CHLs are only for handguns.

Posted: Mon Sep 26, 2005 12:55 pm
by txinvestigator
30Carb wrote:
Paladin wrote:If you've got your CHL and are legally carrying your handgun, the 'illegal knife' thing shouldn't be a problem for you.

Although just the same I wouldn't recommend walking around town wearing samuari swords ;)
It will be a BIIIG problem for anyone to carry an illegal knife. CHLs are only for handguns.
And you have opened a big can of worms. There are a few here, not me, who mistakenly belive a CHL allows you to carry an illegal knife or club.

I know that DPS and the Dallas Sheriff's office will arrest a CHL holder carrying an illegal knife or club.

Posted: Mon Sep 26, 2005 1:09 pm
by Paladin

Posted: Mon Sep 26, 2005 8:00 pm
by JLaw
Well, I'm not talking "illegal knife or club". I've got a 3 1/2" Ka-Bar knife that would be a good "Uh-oh" knife. Good for carry to work, since carrying a firearm is forbidden and the shop is posted, and also good for absolute last ditch backup the rest of the time. I know I can by law carry this legal fixed blade knife in a belt sheath, but can it be carried concealed (under shirt, etc). Or does the word of the law not really go that much into detail on this question?

Posted: Mon Sep 26, 2005 8:52 pm
by 30Carb
Paladin,

Florida does not have a concealed handgun license. It has a "Concealed Weapon or Firearm License" (CWL). Texas has a Concealed Handgun License (CHL). On the face of it, there appears to be a big difference.

Don't get me wrong. I would prefer Texas' CHL to be a CCW or CWL. I too would like to be able to carry a Bowie knife or sword (not that I would) if the occasion called for it, and without fear of arrest. I sympathize with your position, but I just don't believe it. I have never seen anyone of any authority state that Texas' CHL was actually a CCW or CWL. Hell, if I do the range qualification using a revolver, I can't even carry a semiautomatic.

Posted: Mon Sep 26, 2005 9:36 pm
by KBCraig
JLaw wrote:Well, I'm not talking "illegal knife or club". I've got a 3 1/2" Ka-Bar knife that would be a good "Uh-oh" knife. Good for carry to work, since carrying a firearm is forbidden and the shop is posted, and also good for absolute last ditch backup the rest of the time. I know I can by law carry this legal fixed blade knife in a belt sheath, but can it be carried concealed (under shirt, etc). Or does the word of the law not really go that much into detail on this question?
There is no mention of "concealed", nor "open", in the prohibition against carrying a weapon.

Your Ka-Bar is not an "illegal knife" unless it's a dirk, dagger, stiletto, or bowie (grrrrrrr! :x ). There's no prohibition on carry, concealed or otherwise.

Of course, there is no statutory definition of those knife varieties. And to outlaw a knife made famous by a hero of the Alamo... I'm not even a Texan, and that gets my goat!

Kevin

Posted: Mon Sep 26, 2005 11:03 pm
by Paladin
30Carb wrote:
Paladin,

Florida does not have a concealed handgun license. It has a "Concealed Weapon or Firearm License" (CWL). Texas has a Concealed Handgun License (CHL). On the face of it, there appears to be a big difference.

Don't get me wrong. I would prefer Texas' CHL to be a CCW or CWL. I too would like to be able to carry a Bowie knife or sword (not that I would) if the occasion called for it, and without fear of arrest. I sympathize with your position, but I just don't believe it. I have never seen anyone of any authority state that Texas' CHL was actually a CCW or CWL. Hell, if I do the range qualification using a revolver, I can't even carry a semiautomatic.
As I said in the other thread, I'm not a lawyer... but the reasoning in the thread rings true to me. The thread says that the DPS says it's okay. I'd love to see a formal statement by the DPS (one way or the other).

Posted: Mon Sep 26, 2005 11:47 pm
by txinvestigator
Paladin wrote:
30Carb wrote:
Paladin,

Florida does not have a concealed handgun license. It has a "Concealed Weapon or Firearm License" (CWL). Texas has a Concealed Handgun License (CHL). On the face of it, there appears to be a big difference.

Don't get me wrong. I would prefer Texas' CHL to be a CCW or CWL. I too would like to be able to carry a Bowie knife or sword (not that I would) if the occasion called for it, and without fear of arrest. I sympathize with your position, but I just don't believe it. I have never seen anyone of any authority state that Texas' CHL was actually a CCW or CWL. Hell, if I do the range qualification using a revolver, I can't even carry a semiautomatic.
As I said in the other thread, I'm not a lawyer... but the reasoning in the thread rings true to me. The thread says that the DPS says it's okay. I'd love to see a formal statement by the DPS (one way or the other).
I will be in instructor certification school on the 10th. I will ask legal and Sgt Riddle. Regardless of the answer they give, I will post it here. Although I asked the last time I was there and was told the DPS will arrest even a CHL holder for carrying a club or illegal knife.

Re: Knife Question

Posted: Thu Sep 29, 2005 7:55 am
by Bubba
JLaw wrote:I... reason I ask is because I never see anyone carrying a fixed blade knife in a belt sheath...
I have numerous times in Weatherford and Mineral Wells. On of the guys working in the produce section at Walmart always wears one. Seems practical to me. None of the ones I saw appeared to be larger than 5 1/2 inch blade.
Use the right tool for the job !!!