At a Glance:
- Relevant Statutes: “Location-restricted knife” means a knife with a blade over five and one-half inches. ...
- Restricted Knives: Any knife with a blade longer than 5-½ inches.
- Concealed Carry: Concealment or open carry of knives and/or ‘location restricted knives’ is not an issue.
What are the Texas laws regarding location restricted knives?
Texas Penal Code § 46.03 entitled “Places Weapons Prohibited” regulates location restricted knives and provides in relevant part: A person commits an offense if he intentionally, knowingly, or recklessly possesses or goes with a location restricted knife (on the premises of a business that has a permit or license issued under state law if
What is a “knife” in Texas?
(7) “Knife” means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument. Texas Penal Code § 46.03 entitled “Places Weapons Prohibited” regulates location restricted knives and provides in relevant part:
What does “location restricted knife” mean?
In this chapter: …..(6) “Location-restricted” means a knife with a blade over five and one-half inches; (7) “Knife” means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.
Do you need a permit to carry a knife in Texas?
You don’t have to have a permit to carry knives in Texas. It is illegal to carry a “location-restricted” knife to/near specific locations. The Texas state legislature does not limit other knives. The state legislature is covered by the Unlawful Carrying Weapons law as well as some case precedents. § 46.02. Unlawful Carrying Weapons
What knives are illegal in Texas?
Location Restricted Knives Texas Penal Code 46.01 defined an illegal knife as a knife with a blade over five and one-half inches in length, a hand instrument designed to cut or stab another by being thrown, a dagger, dirk, stiletto, poniard, bowie knife, sword, or spear.
How long of a knife can you carry in Texas?
(5.5)46.02) in Texas. BOTTOM LINE Summary: Any adult can carry any knife legal to possess anywhere as long as it is not over five and a half (5.5) inches. You can carry longer knives almost everywhere, except as noted below. There is no separate rule for concealed carry, you may carry open or concealed, however you want.
Can you carry a gravity knife in Texas?
Gravity knives, which have blades released from their handles or sheaths by the force of gravity, are still prohibited in Texas. The main change involves knives with blades longer than 5.5 inches.
Is a double edge knife legal in Texas?
H.B. 1935 (Texas Knife Law Reform Bill) eliminated ownership and restrictions on knives with blades longer than 5.5 inches, including daggers, double-edged knives, swords, dirks, poniards, dirks, stilettos, and Bowie knives.
Can I carry a knife in my car in Texas?
They may carry them at home, in their vehicles, or in their boats. They may also legally carry these blades while walking to these vehicles. This allows juveniles to legally carry blades for hunting and fishing purposes.
Are brass knuckles illegal in Texas?
On behalf of Granger and Mueller PC posted in Criminal Law on Monday, October 21, 2019. September saw some new laws on the books in Texas, including one that now makes it legal to carry brass knuckles to defend yourself in the event you are in trouble.
What weapons are illegal in Texas?
The following firearms and ammunition are prohibited in Texas, unless they are validly registered under federal law:Machine guns.Short-barrel firearms.Armor-piercing ammunition.Zip guns.
Are OTF knives illegal in Texas?
Switchblade Knives now Legal in Texas Switchblade knives are legal to carry, use, and manufacture in Texas as of Sept. 1, 2020. Since the 1950s, it has been illegal to own or use a switchblade knife in the state of Texas.
Can I carry a butterfly knife in Texas?
Butterfly Knife However, because the law which made switchblade knives illegal was repealed in 2013, butterfly knives are now legal to own in Texas.
Can a felon carry a pocket knife in Texas?
The felon in possession of a weapon charge means that anyone convicted of a felony cannot own or possess a switch-blade, a butterfly knife, a clubbing instrument, a Taser or a stun gun.
What's the longest knife you can carry?
Knives that are usually legal to carry almost anywhere include multi-tool devices, Swiss Army knives, and utility knives, and knives with blades that are shorter than 2.5 inches.
Are tomahawks legal in Texas?
End of dialog window. Tomahawks, nightsticks, maces and blackjacks will be legal to carry in Texas as of Sept. 1. That's when the clubs, along with brass knuckles and security key chains, will be removed from the list of restricted weapons in Texas, under a plan approved by state lawmakers and signed into law by Gov.
What is the maximum length of a knife you can carry?
A. In the State of California, there is no maximum length for knives in general. However, the maximum legal length for a switchblade knife is 2 inches. Additionally, it is illegal to carry daggers or dirks concealed, and also illegal to carry many types of knives which are designed for concealment.
Is it legal to carry a switchblade knife in Texas?
Switchblade Knives now Legal in Texas Switchblade knives are legal to carry, use, and manufacture in Texas as of Sept. 1, 2020. Since the 1950s, it has been illegal to own or use a switchblade knife in the state of Texas.
What weapons are illegal in Texas?
The following firearms and ammunition are prohibited in Texas, unless they are validly registered under federal law:Machine guns.Short-barrel firearms.Armor-piercing ammunition.Zip guns.
Is it legal to carry a machete in your car in Texas?
With the passage of the new law in 2017, Bowie knives, swords, spears, daggers and machetes, all of which have been illegal to carry in Texas for years, became legal so long as the knife blade is no longer than 5 1/2 inches.
Where are knife laws found in Texas?
Texas knife laws are primarily found in the Court’s decisions, or case law , as the statutes are short and do not provide much information about the meaning of terms.
What is an illegal knife in Texas?
Now Texas defines an illegal knife as a knife with a blade longer than 5½ inches. The 2017 bill removed all criminal penalties associated with carrying most knives in the state of Texas.
What is a dagger in Texas?
Former Texas Penal Code 1161, in connection with the law of assault with intent to murder, defined daggers and bowie knifes as any knife intended to be worn upon the person, which is capable of inflicting death, and is not commonly known as a pocket knife. In Armendariz v. State, the Court upheld Mr. Armendariz conviction for unlawfully carrying a dagger. It found that the weapon Mr. Armendariz carried, which was slightly over seven inches in length when open, equipped with a double guard, had a blade that locked in place when open and was sharpened on both edges for slightly more than an inch from the point, was a dagger, not a pocketknife.
How long can a knife be in Texas?
According to Chapter 46 of the Texas Penal Code, it is also forbidden for any persons under the age of 18 to possess knives with blades longer than 5.5" in length. It is a crime for a person under the age of 18 to intentionally, knowingly, or recklessly carry on or about his or her person a location restricted knife.
Why was the switchblade affirmed in Texas?
Smith’s conviction for carrying a switchblade with a broken release mechanism, because Mr. Smith retained the blade with a rubber band, but had no difficulty using the knife as a switchblade.
How does a switchblade knife work?
An automatic switchblade knife, as defined by the Texas code, has a blade that folds, closes, or retracts into the handle, and opens automatically by applying pressure to a button on the handle, by gravity, or by centrifugal force (rotating the knife).
What is the Texas knife law?
Texas knife laws are primarily found in the Court’s decisions, or case law, as the statutes are short and do not provide much information about the meaning of terms. Under Article 1, Section 23 of the Texas State Constitution, Texans enjoy a broadly interpreted right to bear arms that include knives. However, Article 1, Section 23 also grants the ...
What are location restricted knives?
Unfortunately, during the 2017 legislative process, as a result of a tragic University of Texas stabbing just blocks from the Capitol, a minor amendment was added to stipulate that knives with blades over 5 1/2 inches are now defined as “location-restricted knives.” These knives may be carried throughout the state except in a narrow list of places such as schools, colleges, correctional facilities, amusements parks, houses of worship, and bars that derive more than 51% of their income from alcohol sales, as well as some other locations. Minors are also restricted as to when they can carry these knives. CLICK HERE for a complete listing of the current bans for Location-Restricted Knives.
What is knife rights?
Knife Rights is America’s grassroots knife owners’ organization; Rewriting Knife Law in America™ and forging a Sharper Future for all Americans™. Knife Rights efforts have resulted in 32 bills enacted repealing knife bans in 22 states and over one hundred cities and towns since 2010, as well as numerous litigation victories.
Can you carry a Bowie dagger in Texas?
In 2017 our bill removed all of the “illegal knives” in Texas law, finally allowing Texans the right to carry a Bowie knife, dagger and others in public. In 2019 our bill removed the ban on carry of clubs (including tomahawks) and possession of knuckles (including trench knives and the like).
Is a switchblade legal in Texas?
In 2013 Knife Rights’ repeal of Texas’ switchblade ban was enacted. In 2015 Knife Rights’ signature Knife Law Preemption was enacted, nullifying all local knife ordinances more restrictive than Texas state law, including two of the “10 Worst Anti-Knife Cities in America” at the time, San Antonio and Corpus Christi. In 2017 our bill removed all of the “illegal knives” in Texas law, finally allowing Texans the right to carry a Bowie knife, dagger and others in public. In 2019 our bill removed the ban on carry of clubs (including tomahawks) and possession of knuckles (including trench knives and the like).
What is a prohibited weapon?
A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05 (Prohibited Weapons) (a):
Is a location restricted knife a felony?
If the weapon that is the subject of the offense is a location-restricted knife, an offense under this section is a Class C misdemeanor, except that the offense is a felony of the third degree if the offense is committed under Subsection (a) (1).
Is a handgun a defense to prosecution in Texas?
Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code.