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Laws/rules concerning carrying a knife

4,929 Views | 21 Replies | Last: 9 yr ago by schmellba99
AgBQ-00
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If I were to carry a fixed blade knife on my person what are the rules/laws concerning that? The wording of the laws I've read seems very confusing. Almost like it is not illegal to do so but there are so many caveats it makes it practically illegal. Do any of you have guidelines or guidance?
Illustrious Potentate
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Rule #1 - Don't bring a knife to a gun fight.
txyaloo
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quote:
If I were to carry a fixed blade knife on my person what are the rules/laws concerning that? The wording of the laws I've read seems very confusing. Almost like it is not illegal to do so but there are so many caveats it makes it practically illegal. Do any of you have guidelines or guidance?
How big of a blade? Texas has a legal category called an illegal knife. "Illegial knives" are illegal to carry on or about your person unless you have a CHL and are also carrying your gun.

Illegal Knife:
quote:
(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, stiletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
If your knife doesn't fall into any of those categories, you should be good. FYI - a dagger generally means the knife blade is sharpened on both sites.
malenurse
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When was the wording changed? Those knives used to be referred to as "prohibited" knives. Not "illegal" knives.
AgBQ-00
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My knife has a 4 1/2" inch blade and is sharpened only on one side. Looks like the one below
txyaloo
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quote:
When was the wording changed? Those knives used to be referred to as "prohibited" knives. Not "illegal" knives.
They've been "illegal knives" for at least the last 15 years. No clue before then.
CactusThomas
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One game at kyle field last year, I saw an older guy with a cowboy hat, tucked in shirt and a full sized fixed blade hunting knife in a belt sheath.

I love that place.
SECeded
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G. hirsutum Ag
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I keep a kbar in my hunting bag as well as a boot knife that is sharpened on both sides so I guess that makes it a dagger. I'm not too worried about it
Tree Hugger
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How big of a blade? Texas has a legal category called an illegal knife. "Illegial knives" are illegal to carry on or about your person unless you have a CHL and are also carrying your gun.


So what changes if you have a CHL? Can I carry a nice longsword then?
dubi
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quote:
quote:
How big of a blade? Texas has a legal category called an illegal knife. "Illegial knives" are illegal to carry on or about your person unless you have a CHL and are also carrying your gun.


So what changes if you have a CHL? Can I carry a nice longsword then?

I think you can carry anything you desire with a CHL but you must be carrying your gun.
txyaloo
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quote:
quote:
How big of a blade? Texas has a legal category called an illegal knife. "Illegial knives" are illegal to carry on or about your person unless you have a CHL and are also carrying your gun.


So what changes if you have a CHL? Can I carry a nice longsword then?
If you have a CHL/LTC, and you are carrying your handgun, you can also carry an "illegal knife or club". TPC 46.02 (unlawful carrying of weapons) doesn't apply to a CHL holder while carrying their handgun.
powerbiscuit
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quote:
quote:
If I were to carry a fixed blade knife on my person what are the rules/laws concerning that? The wording of the laws I've read seems very confusing. Almost like it is not illegal to do so but there are so many caveats it makes it practically illegal. Do any of you have guidelines or guidance?
How big of a blade? Texas has a legal category called an illegal knife. "Illegial knives" are illegal to carry on or about your person unless you have a CHL and are also carrying your gun.

Illegal Knife:
quote:
(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, stiletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
If your knife doesn't fall into any of those categories, you should be good. FYI - a dagger generally means the knife blade is sharpened on both sites.


where does a machete fall into this group?
RogueAg
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I guess I'm not following the logic of requiring a CHL holder to be carrying their firearm before they can carry one of these "illegal" knives.

It would seem that simply having the CHL should be enough. How is whether or not you're carrying a firearm relevant?
guyace
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NVM found it. TPC 46.15(b)(6)
quote:
Sec. 46.15. NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
(6) is carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a shoulder or belt holster;
htownag10
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quote:
Rule #1 - Don't bring a knife to a gun fight.
That's not Rule 1 on TexAgs
txyaloo
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quote:
I guess I'm not following the logic of requiring a CHL holder to be carrying their firearm before they can carry one of these "illegal" knives.

It would seem that simply having the CHL should be enough. How is whether or not you're carrying a firearm relevant?
Sometimes the Legislature does things that don't make sense.

Whether you're carrying a handgun is relevant, because 46.15 (which exempts CHL holders from 46.02) specifically says you have to be carrying a handgun to be exempt from UCW.
FSGuide
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So when I'm out and about and see someone with a BFK on their belt I should assume they're carrying? I saw a dude at a festival Saturday with what had to be 8" fixed blade on his belt. And there were cops all around on foot patrol. They had to have seen him too.
txyaloo
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quote:
So when I'm out and about and see someone with a BFK on their belt I should assume they're carrying? I saw a dude at a festival Saturday with what had to be 8" fixed blade on his belt. And there were cops all around on foot patrol. They had to have seen him too.
I think most of the people with a CHL have no idea about that provision of the penal code. I suspect in your situation, the cops were just overlooking it. Also, at festivals/fairs, you can carry a big knife if it's part of a "costume".

This thread has some details of a guy who tested the law at the Capitol.

http://www.bladeforums.com/forums/showthread.php/1052690-Texas-Illegal-Knife-CHL-Handgun-Jail-Charges-Test-Case
FSGuide
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It wasn't that kind of festival. It was a typical 4th of July street vendor festival. This guy was wearing jeans, boots, a sleeveless shirt and a belt with a huge buckle and the big knife. For anyone, especially a cop to overlook it they would have to be Stevie Wonder.
txyaloo
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quote:
It wasn't that kind of festival. It was a typical 4th of July street vendor festival. This guy was wearing jeans, boots, a sleeveless shirt and a belt with a huge buckle and the big knife. For anyone, especially a cop to overlook it they would have to be Stevie Wonder.
You weren't at a "taste of the Australian Outback" festival?

Sounds like you're describing Crocodile Dundee.
FSGuide
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quote:
quote:
It wasn't that kind of festival. It was a typical 4th of July street vendor festival. This guy was wearing jeans, boots, a sleeveless shirt and a belt with a huge buckle and the big knife. For anyone, especially a cop to overlook it they would have to be Stevie Wonder.
You weren't at a "taste of the Australian Outback" festival?

Sounds like you're describing Crocodile Dundee.
HA! Nope. It was the 4th of July Bluegrass festival in Wylie.
schmellba99
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quote:
Texas has overly restrictive knife control laws.
Texas has a bunch of stupid ass laws, period.
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