So what's the deal with knives now?

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Ruark
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So what's the deal with knives now?

#1

Post by Ruark »

I haven't kept up with the "knife" bills, with OC and CC getting all my attention. I do know several knife-related bills died. What "knife" bills did we end up with, and what do they do?
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Taypo
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Re: So what's the deal with knives now?

#2

Post by Taypo »

We got the "San Antonio has to follow the same rules as the rest of the state" law passed :)
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jmra
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Re: So what's the deal with knives now?

#3

Post by jmra »

I'm not up on knife laws. Anyone have a link to the state regulations?
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Taypo
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Re: So what's the deal with knives now?

#4

Post by Taypo »

Pretty good summary here:
http://www.knifeup.com/texas-knife-laws/" onclick="window.open(this.href);return false;
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Re: So what's the deal with knives now?

#5

Post by jmra »

Taypo wrote:Pretty good summary here:
http://www.knifeup.com/texas-knife-laws/" onclick="window.open(this.href);return false;
Thanks
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cprems
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Re: So what's the deal with knives now?

#6

Post by cprems »

A quick question...

I know a guy who has military knives all over the length of 5.5 inches. I wanted to start collecting these types of knives but want to know if the are legal to own?

Can anyone clarify if collecting these types (K-Bar etc) are legal to do so?
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Re: So what's the deal with knives now?

#7

Post by Bladed »

cprems wrote:A quick question...

I know a guy who has military knives all over the length of 5.5 inches. I wanted to start collecting these types of knives but want to know if the are legal to own?

Can anyone clarify if collecting these types (K-Bar etc) are legal to do so?
Those types of knives have always been legal to own, but they still won't be legal to carry. There was a bill that would have lifted the ban on carrying so-called "illegal knives," but its Senate sponsor John Whitmire pulled it at a last minute (as it was poised for final passage), due to an unrelated spat with the House author Harold Dutton.

The one knife bill that did pass added knives to the list of weapons municipalities and counties are prohibited from restricting. That means that, come September 1, the strict knife ordinances in San Antonio and Corpus Christi will be null and void.

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Re: So what's the deal with knives now?

#8

Post by cprems »

Many thanks for the clarification.

I understand that I can't have it on my person but I can in my vehicle, correct? Does this include hunting/fishing? I am not familiar with the knife laws as I haven't carried one in many years. Perhaps it's time to get up to date on the current laws as to not run afoul of them.
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Jumping Frog
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Re: So what's the deal with knives now?

#9

Post by Jumping Frog »

cprems wrote:Many thanks for the clarification.

I understand that I can't have it on my person but I can in my vehicle, correct? Does this include hunting/fishing? I am not familiar with the knife laws as I haven't carried one in many years. Perhaps it's time to get up to date on the current laws as to not run afoul of them.
The relevant code:
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
So having an illegal knife in your premises or vehicle is legal.

As far as Hunting/Fishing is concerned, here is the relevant excerpt from the Nonapplicability statute:
Sec. 46.15. NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
(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, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;
So you could wear such a knife while hunting or fishing, but make sure you leave it in the truck if you stop for breakfast! :mrgreen:
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Re: So what's the deal with knives now?

#10

Post by cprems »

Jumping Frog wrote:
cprems wrote:Many thanks for the clarification.

I understand that I can't have it on my person but I can in my vehicle, correct? Does this include hunting/fishing? I am not familiar with the knife laws as I haven't carried one in many years. Perhaps it's time to get up to date on the current laws as to not run afoul of them.
The relevant code:
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
So having an illegal knife in your premises or vehicle is legal.

As far as Hunting/Fishing is concerned, here is the relevant excerpt from the Nonapplicability statute:
Sec. 46.15. NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
(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, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;
So you could wear such a knife while hunting or fishing, but make sure you leave it in the truck if you stop for breakfast! :mrgreen:
Thanks for the break down of the applicable laws. I really appreciate it. :tiphat:
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Re: So what's the deal with knives now?

#11

Post by CJD »

If you have a CHL and are carrying you are exempt from section 46.02, which in mine and many others interpretation means you may carry an "illegal knife."

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Re: So what's the deal with knives now?

#12

Post by Taypo »

CJD wrote:If you have a CHL and are carrying you are exempt from section 46.02, which in mine and many others interpretation means you may carry an "illegal knife."
I think I can see the interpretation but I'm not sure if I'm willing to be the test case on this one.

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Re: So what's the deal with knives now?

#13

Post by Bladed »

Taypo wrote:
CJD wrote:If you have a CHL and are carrying you are exempt from section 46.02, which in mine and many others interpretation means you may carry an "illegal knife."
I think I can see the interpretation but I'm not sure if I'm willing to be the test case on this one.
That's one of those "You may not do the time, but you'll still do the ride," interpretations. That clearly isn't the intent of the law, but it is technically what the law says, so you'd probably be arrested, and you'd very likely be charged, but you'd probably be able to get the charges dismissed.

At least one (I think former) member of this board had charges of carrying an "illegal knife" dismissed that way. Unfortunately, there haven't been any court rulings on the law, so there is no case law to fall back on.

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Re: So what's the deal with knives now?

#14

Post by CJD »

Bladed wrote:
Taypo wrote:
CJD wrote:If you have a CHL and are carrying you are exempt from section 46.02, which in mine and many others interpretation means you may carry an "illegal knife."
I think I can see the interpretation but I'm not sure if I'm willing to be the test case on this one.
That's one of those "You may not do the time, but you'll still do the ride," interpretations. That clearly isn't the intent of the law, but it is technically what the law says, so you'd probably be arrested, and you'd very likely be charged, but you'd probably be able to get the charges dismissed.

At least one (I think former) member of this board had charges of carrying an "illegal knife" dismissed that way. Unfortunately, there haven't been any court rulings on the law, so there is no case law to fall back on.
I thought that it wasn't the intent at first, but then wasn't sure. If someone is trusted enough to carry a handgun, then they should logically be trusted enough to carry an "illegal knife." Otherwise it's silly. Also, if they wanted it only to apply to handguns, they could have used language similar to SB11: "the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies.."

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Re: So what's the deal with knives now?

#15

Post by Bladed »

CJD wrote:
Bladed wrote:
Taypo wrote:
CJD wrote:If you have a CHL and are carrying you are exempt from section 46.02, which in mine and many others interpretation means you may carry an "illegal knife."
I think I can see the interpretation but I'm not sure if I'm willing to be the test case on this one.
That's one of those "You may not do the time, but you'll still do the ride," interpretations. That clearly isn't the intent of the law, but it is technically what the law says, so you'd probably be arrested, and you'd very likely be charged, but you'd probably be able to get the charges dismissed.

At least one (I think former) member of this board had charges of carrying an "illegal knife" dismissed that way. Unfortunately, there haven't been any court rulings on the law, so there is no case law to fall back on.
I thought that it wasn't the intent at first, but then wasn't sure. If someone is trusted enough to carry a handgun, then they should logically be trusted enough to carry an "illegal knife." Otherwise it's silly. Also, if they wanted it only to apply to handguns, they could have used language similar to SB11: "the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies.."
The key thing to note with regard to intent is the fact that the exception applies to a CHL holder only if he or she is carrying a concealed handgun. If the intent were to exempt CHL holders altogether, the law wouldn't require a CHL holder to be carrying a handgun before being able to carry an "illegal knife."
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