What is an "Illegal Knife" ?

[bobcat50]

I need some clarification about "illegal knives" in Texas. There are many different knife makers that make "assisted open" knives, such as Kershaw's Ken Onion knives and Gerber's F.A.S.T. knives. These are sold at Academy and many other retailers throughout Texas. They have a thumb stud or a finger stud on the knife blade itself and when you start to open the blade by pressing on this stud then gravity or a spring or centrifugal force allows the blade to swing open. It is not a push button like a traditional "switch blade". Are these types of assisted open knives considered to be illegal in Texas ?

[flintknapper]

Yes, legal in Texas.

You can use the "search" function here to find much discussion on it.

[gigag04]

Switchblade is a prohibited weapon. An Illegal knife is any knife with a blade of 5.5"

Different rules apply re: prohibited weapon vs illegal knife.

[bobcat50]

What is the difference between a prohibited knife and an illegal knife? Are the kind of knives I described in my first post on this topic "prohibited"?

[snorri]

What is the difference between a prohibited knife and an illegal knife? Are the kind of knives I described in my first post on this topic "prohibited"?

In general:

A prohibited weapon (46.05) is illegal to possess anywhere.

An illegal knife (46.01) is illegal to carry (46.02) but is not prohibited to possess in your own home. For example, a 6" chef knife is fine in your own kitchen, but not to carry for self defense.

Yes, there are exceptions.
No, I'm not a lawyer.

[davidtx]

It is my understanding that cities can have their own laws defining illegal knives. E.g. In San Antonio, lock blade knives are illegal.

[Stupid]

In the previous discussions, I raised the point that, in the penal code, as long as you are a CHL and carrying a handgun, you can carry any illegal knife as you see fit. However, there's no test case and please don't listen to my interpretation as I am not a lawyer and I am stupid.

Here's the actual code:


(b) Section 46.02 does not apply to a person who:

...

(2) is traveling;

(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity;

...

(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;

[TexasGal]

There are state laws and there are federal laws. I saw a post somewhere here about the length allowed in federal buildings being MUCH less than what is allowed by the state. Seems like it was less than 2 inches?