Texas Legal Info

I EDC a CRKT MyTighe 1091K. I have carried it since the day I got it (about 6months ago) and have never had any problems with it. Today I was in line at a grocery store and there was a cop in line behind me. He noticed the kniofe clipped in my back pocket next to my wallet and asked to see it. I showed it to him and he seemed VERY interested in it. He later went on to discuss that is an illegal knife to carry but wouldn't do anything about it as long as I stopped carrying it.


The thing is, I know it is NOT illegal. Blade is less than 5.5". It is single edged. Everything about it complies with the state laws. I purchased it at House Of Blades (I'm sure some of you have heard of it) and they assured me several times that it is in fact legal to carry.

What I need your help with is finding a copy of State Laws that I can print out and keep in my wallet in case any grumpy Officers try and confiscate it from me. I have googled several different phrases and all I'm finding are referrences to the laws and explanations. What I'm looking for is the word fo word regulation straight out of the penal code. I want something that an Officer can't fight with. If I print out a thread from bladeforums which simply lists the laws, I doubt an Officer would really believe it. I guess you could say, I'm looking for something admissable in a court of law.

THANK YOU for any help you may have to offer

I posted this at bladeforums.com as well but I am asking here to get as much help as possible

The spring assist is likely what there is an issue with. It may fall into the switchblade category.

I just went and did some reading. Assisted opening knives are a gray area regardless of what any dealer/mfg/etc says. They may also be subject to local/city/etc ordinances that are more restrictive than state/federal statues.

Sounds like a good way to get into trouble...

That's kind of what I was thinking.

Someone at a knife store once told me "If you have to touch the blade to open it, then it's not a switchblade" I have always thought of that as the main difference between assisted-open and switchblade. IIRC, the CRKT website says something about you must manually open the blade 30 degrees before the torsion bar will flick the blade out. I thought a switchblade was more like: Press this button here and WHAM! the blade is out.

Is there any legal info that defines a switchblade?

Here you go.
http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.010.00.000046.00.htm#46.05.00

See 46.01.(6). But the whole thing is worth reading. It also clarifies switchblade. Assisted opening knives, activated by thumbstuds or flippers are not legally switchblades in Texas. A Benchmade Axis lock knife may be because a good one can be flipped open by centrifugal force.

One CPF'er has posted a couple of times that assisted opening knives are illegal in San Antonio. That can only be a city ordinance and can only be punished by fine, not jail.

Just remember, you can't win an argument with a LEO on the street. Be courteous and respectful and you'll get better treatment than if you argue forcefully. You will probably get a dismissal from the district attorney or win in court but that's terribly expensive and troublesome. I agree that that's not "right", but that's the way it is.

Another edit - something that troubles me is poster quoting what someone in the coffee shop or knife store or or manufacturer or whatever giving information. Always go directly to the law. Nothing else matters. Every state has differing laws. Such as switchblades being legal for military and LEO. That is only "in performance of their duties". It is not legal for an LEO to carry one off duty or military to carry one on leave. That's the law in Texas.

Damn, I did all that and forgot to post the link. Been a long day.

matt0 said:

...

Is there any legal info that defines a switchblade?

Click to expand...

Yes, but AO knives aren't listed. If you had to pick a section of EXISTING law to apply to them..... would it be a regular folding knife or the switchblade category?

Next time be sure to mention that it's for hunting and you are on your way to hunt at this very minute. All but the most restrictive state have broad exceptions for all type of weapons when they are carried to/from their place of use: hunting/gun range/archery range/etc.

Like BIGIRON says, Texas Penal Code chapter 46 contains the info you want.

46.01
(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.
(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.

(11) "Switchblade knife" means any knife that has a
blade that folds, closes, or retracts into the handle or sheath, and
that:
(A) opens automatically by pressure applied to a
button or other device located on the handle; or
(B) opens or releases a blade from the handle or
sheath by the force of gravity or by the application of centrifugal
force.

Click to expand...

-LT

That looks similar to SOG's SAT, which is used on knives like their Trident, one of which I can carry legally even in CA. You could try the Texas Legislative Council's site, with a webpage which links to each chapter of the Penal Code. I think you want to start with Chapter 46, Section 1, "Definitions," which defines the terms used.

Chapter 46 said:

(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.

Click to expand...

Then we have this from the same Section:

Chapter 46 said:

(11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that:
(A) opens automatically by pressure applied to a button or other device located on the handle; or
(B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.

Click to expand...

Switchblades are prohibited by Section 5:

Chapter 46 said:

§ 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.

Click to expand...

So, since your knife doesn't fall under "Illegal Knife" in Section 1, Paragraph 6, and isn't a switchblade by the definition in Section 1, Paragraph 11 (which basically means a button on the handle or a gravity knife), I must concur that your knife is legal.

Be careful quoting regulations to a cop. It might not go over too well. :tinfoil:

Cool knife, BTW.

Note: When I started composing this post, there were zero replies. It may be a bit redundant now, but I'm posting it anyway.

Edited my earlier post to insert the link that I had intended when I started that post!!!!

Here it is again:

http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.010.00.000046.00.htm#46.05.00

GEEZ you guys are quick to reply!

I am not going to try and argue with an officer. If they tell me to do something, I will sure as hell do it. If they tell me I must leave it in my car before entering a building, I can live with that. Not ALL officers know EVERY law (no offense or disrepect torwards any LEOs on here). In the event that the knife gets taken from me on grounds that it is "illegal" in the eye of the Officer, I just want to have some documentation that it is in fact legal.

If I know I am headed somewhere that will have some sort of security checkpoint I generally bring a smaller less aggressive MANUAL-open knife with me to avoid attracting attention.

Thanks everybody for all the help. And yes, it is a cool knife. I absolutely LOOOOOVE the way it opens. You can almost just think to yourself "OPEN!" and it will do it. Worth EVERY penny (and then some)

That's one of the great things about a SWAK. There have such innocent image -- "but officer, I need it to tighten the screw on my bicycle..". I would really like to have the thumbopening lockblade model (Trekker? maybe) with a yellow or red handle instead of black. Just more innocent looking. And easier to find in low light.

If you get a knife confiscated, be sure to get a receipt.

I purposely do not carry an assisted opening knife anymore because of the grey area they fall in. Even if they do not fall in the definition of switchblade it is not worth going to jail over. Even "(B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force," would include a Axis lock.

I would say yes assisted opening knives are legal to own and carry, but IMHO they are not worth going to jail over from a officer who does not fully understand knife laws.

I sometimes edc an assisted opener but I'm always prepared to do a "tactical disposal" if necessary.

I personally do not find that an AO gives enough useful utility that it is worth carrying and braving the possible gray areas mentioned. When a thumb hole/stud etc opens just as easily and has less mecahnaical parts to possibly fail, it just makes sense to me to stay with that, and carry one for each hand .

The cool factor is just not worth the possible headache. Of course that is all personal , just like everything else.

I don't see how BM axis-lock knives are any more problematic than practically any other folder when it comes to ease of opening with a flick of the wrist. It all depends how tight the pivot screw is set. If you don't pull back the axis-lock release on the BM it is very difficult to flick open unless. I have my Mini-Grips a little tighter than the way they came from the factory, and they are no more difficult to flick open than any other folder I have, especially if the pivot screws are a little loose.

Just common sense - if you're going to use the "I'm on my way hunting (or fishing) " better be able to produce a hunting//fishing license and the appropriate gear.

Maybe, "I was on the way to the pawn shop to sell it so I could buy Mom's heart pills".

something to look into, didnt see it mentioned here

but if the blade has a "detent" you should be OK on an AO. check the CA laws (of course may differ for yours) at http://www.equalccw.com/knifelaw.html

his summary "Your lockblade folding knife should have a thumbstud, thumb"hole", thumb "disk" or similar push-thingy, so long as the "thingy" is attached directly to the blade (versus on the grip and linked up via a gearbox of sorts). It should not have a spring that does ALL the opening (yes, the Kershaw Ken Onion series seems to be OK). And finally, the blade needs to have at least some tendency to stay closed in the pocket or whatever bias a "bias towards closure" or "detent" (discussed in more detail later in this chapter)."

so maybe look for that in your TX laws...

Texas is fairly easy (...and I live in Austin.)

5.5" concealed as long as it's not a bowie/sword (so a KaBar on the belt is legal), autos and gravity/bali/butterfly are illegal to carry, but not to own.

That's the law, and it IS that simple. Assisteds are legal as long as they are not fully mechanical (auto) to open. I've had LE friends drool over my full sized nitrous stryker, but never question or tell me it's illegal, as it's not. You have to open the blade 30 degrees for the nitrous to kick.

My son and I also have mini my tighes I got on a whim... the assist on the CRKT's...

You were being hassled.

Well, I know that assissteds are legal. I think the definition of "assissted open" might be misunderstood by some people though.

Lately I have been carrying it unclipped so it's just resting in my pocket.

Hopefully, I won't ever have any other problems.