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Tuesday, June 21, 2011

Illegal Knives in Texas

Some people claim that as a CHL in Texas, you can carry an "illelga knife" (longer than 5.5"). Not true. Actually, for a CHL, the "illegal knife" still applies. The "non-aplicabliity" is only for carrying the handgun. See below.




Texas Penal Code Sec. 46.01. DEFINITIONS
(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.
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 that is owned by the person or under the person's control.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

Sec. 46.15. NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;
http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.46.htm
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5 comments:

  1. ZeeJune 27, 2011 at 10:42 AM

    I've been informed by several people now that the above information is incorrect. Until I see a legal precedent, I wouldn't try it. A police officer is likely to arrest you and let the judge sort it out.

    ReplyDelete
  2. AnonymousMarch 17, 2012 at 10:37 AM

    No, Zee, you had it right the first time.

    The nonapplicability only applies "to carry a concealed handgun" with a valid license (CHL). It does not simply waive all illegal weapons laws for CHL holders. That would be absurd. You can't run around with swords and spears.

    I think plenty of normal utility knives are perfectly suitable for some extreme defense emergency. You don't need a purpose built dagger and permitting such would probably set back our gun rights.

    It's unfair, but this is a political issue and they were wise to keep these restrictions in place.

    ReplyDelete
  3. AnonymousOctober 3, 2012 at 4:36 PM

    Wise to keep them in place? I doubt I would feel any better getting jabbed with a 5.5 inch fixed blade as compared to a 7.5 inch dagger.

    ReplyDelete
  4. AnonymousJune 19, 2013 at 11:29 AM

    Actually, we had an arrest in austin on this issue. The DA declined to prosecute, see:
    http://www.texasguntalk.com/forums/politics/44924-i-didnt-beat-ride-illegal-knife-chl-concealed-handgun-%3D-jail-charges.html

    ReplyDelete
  5. AnonymousJuly 9, 2014 at 4:29 PM

    if you read...Sec. 46.01 makes definitions.
    Sec. 46.02 states what is actually illegal. (to carry a knife defined as illegal in section 1)
    46.15 gives the instances/exceptions to the entirety of sec 46.02...this includes the knife section.

    thus you are legal to carry a long knife if you are also a chl holder AND carrying a gun. you can't just have a chl license and a knife you must at the same time carry the gun. was it their intent? no. but it is how it was written.

    ReplyDelete

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