You can find more details about regulations regarding knives in article 1, § 23 of the Texas State Constitution. This state recognizes the right to keep and bear arms but there are some laws that exist to help reduce crime.
The state of Texas does not forbid any kind of knives. In the past, individuals could not own a switchblade knife but this law changed on September 1st, 2013. The law of the state of Texas still includes a definition of the term “switchblade”.
There is a definition of the term “switchblade” in the Texas Penal Code (§ 46.01 (11)). The penal code defines “switchblade” as any knife with a blade that can be retracted, closed or folded. The blade is closed, folded or retracted into the handle of the knife and it is released when pressure is applied to an opening device such as a button on the handle of the knife. The term “switchblade” also includes knives with a blade that is folded or retracted into the handle and that is released with gravity or with centrifugal force. The term “switchblade” is not used to refer to knives that include a detent, a spring or other similar mechanisms that are designed to create a bias when closing the knife. If there is a need to use the hand, wrist or arm to apply pressure and overcome the bias to open or close the knife, the knife is not a switchblade knife.
Since this definition talks about knives that can be opened with gravity or with centrifugal force, gravity knives are included in this definition. The law changed in 2013 to allow switchblades, which means gravity knives are also allowed.
This definition states that there is a difference between switchblade knives and knives with a mechanism that is operated manually. This means that pocket knives and other similar knives are not considered as switchblades.
Concealment is not forbidden because the Texas constitution allows individuals to conceal carry weapons as long as it is legal for them to own the weapon. It is legal to carry a concealed knife unless the knife is considered as illegal.
There are a few requirements a person has to meet in order to be legally able to carry a weapon. Handguns illegal knives and clubs can only be carried on private property or inside of a vehicle or watercraft. It is legal to carry a handgun, illegal knife or club on the way to the vehicle or the watercraft.
The Texas Constitution has more details on unlawful weapons in § 46.02:
– A knife is considered as illegal if the blade is longer than five and a half inches.
– Items that can cut or stub by being thrown are not legal.
– Dirks, stilettos, poniards and other daggers are not legal.
– Bowie knives are not allowed.
– Swords and spears are also forbidden.
These illegal knives cannot be carried by an individual. However, this is a statutory definition. Some of the terms used are outdated, such as dagger, stiletto, bowie knife or dirk. Any item sold as a dagger, bowie knife or dirk would, therefore, be illegal in Texas. There is one objective standard used to determine if a knife is legal or not. Anything with a blade longer than five and a half inches is not legal to carry. Knife owners need to be careful with the knife they choose to carry. The length of the blade is an important factor, but owners also need to avoid knives with blade designs that could be considered as illegal.
The five and a half inch rule is the standard used to determine if a knife is legal.
Under § 46.06, illegal knives cannot be transferred to minors.
No weapons are allowed in schools, which are weapons free zones under § 46.03.
This information that is presented as a brief description of the laws and not as any kind of legal advice. aStraightArrow will not and cannot be a legal service provider. The use of the site does not create any sort of client/lawyer relationship. The knife laws are interpreted differently by prosecuting attorneys, enforcement officers, and judges. aStraightArrow suggests you consult legal counsel for further guidance.