Benchmade Infidel in Texas

00ChevyScott

00ChevyScott

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I know Texas does not allow switchblades and the like, but I'd really love to buy one of those at some point. Are there any fellow Texans that carry an OTF like the Infidel?

As to carrying it, I've never ever been stopped or asked about any knife I've ever carried, by anyone. I'm not really too afraid of getting called out on having it as I know quite a few people who carry push button auto benchmades and gerbers without any problems. If I were to get pulled over with it or something, well that's what I get for doing something stupid.
 
As a fellow Texan, I can attest that carrying an OTF or any other automatic knife is strictly illegal in Texas. I keep one in the car, and sometimes on my person when going from car to someones dwelling in an area that my seem questionable. But it's always on the way to a house or structure. You get arrested, its your own fault as you said.
 
Just carry the deadliest thing Texas allows and you'll be fine. .45ACP comes to mind.:)
 
David_Parker03 said:
As a fellow Texan, I can attest that carrying an OTF or any other automatic knife is strictly illegal in Texas. I keep one in the car, and sometimes on my person when going from car to someones dwelling in an area that my seem questionable. But it's always on the way to a house or structure. You get arrested, its your own fault as you said.
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Auto opening knife isn't any more deadly than any other knife...why not go with a knife which is legal to have with you?

As for it being your fault if arrested, well, how about you get in a lovely car crash, and the cops find your illegal device while rescuing you?
"Yay, I'm alive...oh crap, I'm being arrested."
You don't have to do anything idiotic (other than having illegal things on you) to get into crummy situations. Just food for thought.
 
glistam said:
You do realize your asking people to admit to committing a 3rd degree felony on a publically-readable forum, right?
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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.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.


Did I miss something? Looks like it's still a misdemeanor. Not that I want a Class A misdemeanor, but it's not a felony that I can tell.
 
Btw I'm not wanting to carry or buy one of these because of self defense or anything like that. If that were the case I would definitely just carry a gun. I just think they look pretty cool, and if I did buy one I more than likely wouldn't leave the house with it unless I knew I was going to be on private property. I just don't hear about anyone ever getting arrested or even ticketed for something like this, so I'm wondering if this is something really enforced in Texas or is this just something that gets tacked on to more serious charges if you're being a-hole already.

As I said earlier, I see random people carrying automatic knives every now and then with care in the world (probably because they don't know or don't care that they're illegal) and have carried them for years. Hell, one of them was an older lady who kept one in her purse.
 
00ChevyScott said:
Did I miss something? Looks like it's still a misdemeanor. Not that I want a Class A misdemeanor, but it's not a felony that I can tell.
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Actually that is the not section I was referring to, but I did goof. It's a Class A misdemeanor.

Switchblades are not "illegal knives" (which have a specific definition that doesn't include them) but rather are covered in a separate section entirely.

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person 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;
(9) a zip gun; or
(10) a tire deflation device.

(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.

(c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.

(d) It is an affirmative defense to prosecution under this section that the actor's conduct:

(1) was incidental to dealing with a switchblade knife, springblade knife, short-barrel firearm, or tire deflation device solely as an antique or curio;
...
(e) An offense under Subsection (a)(1), (2), (3), (4), (7), (8), or (9) is a felony of the third degree. An offense under Subsection (a)(10) is a state jail felony. An offense under Subsection (a)(5) or (6) is a Class A misdemeanor.
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So basically just by owning one you are breaking the law.

Now, as to your other question, generally it is true of almost all weapon violations that it is a tacked-on charge. The numerous cops I have interviewed from multiple states (except perhaps NYC) tell me 99% of weapon violations are after they have already detained someone for another offense. Sometimes the weapon charge is used as a technicality to arrest or prosecute the person when the evidence of their other crime (or intended crime) is too weak to "stick." Sure, there are horror stories where someone is in the wrong place at the wrong time and get's searched. But they're extremely rare (outside of NYC).
 
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00ChevyScott said:
I know Texas does not allow switchblades and the like, but I'd really love to buy one of those at some point. Are there any fellow Texans that carry an OTF like the Infidel?

As to carrying it, I've never ever been stopped or asked about any knife I've ever carried, by anyone. I'm not really too afraid of getting called out on having it as I know quite a few people who carry push button auto benchmades and gerbers without any problems. If I were to get pulled over with it or something, well that's what I get for doing something stupid.
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Why not just carry a 4" lockblade folder with thumbstud, hole in blade, wave or other perfectly-legal fast-opening feature? Autos can be a pain in the butt...more moving parts mean more potential malfunctions, springs that can take a set and fail at the worst possible moment and also the additional expense. Check out Spyderco, CRKT and Cold Steel; they have some rugged, lightweight, quick-opening folders at reasonable prices. Best of all, they are perfectly legal in Texas. Don't risk a felony conviction and the permanent loss of your Second Amendment right to own a firearm by carrying an auto knife.
 
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