Texas definition of switchblade

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damond

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Sep 29, 2005
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Ive seen a few questions on this forum about the definition of switchblade under Texas law so I looked it up and thought Id share it. From my understanding the definition of dagger is anything with a second edge and since the bowie knife has one its illegal too. Knives that are ballistic (by mechanical or explosive action) and anything poisoned (darts, etc) seem to be illegal as well.


TEXAS - HEALTH, SAFETY & MORALS

- 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.

(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.
 
This really perplexes / disappoints me. I bought a knife in Dallas at Academy Sports and Outdoors. It was the Winchester Ranger, very similar to the Gerber Evo. This knife has a little knob on the blade that you can push with your pointer finger and lever the blade out. Now that i've used it for a while, I can flick the knife open inertially. Now judging from the Texas laws, this knife seems to be illegal for sale in Texas, not to mention possession, yet I bought it at the Academy in a rack in sporting goods... What gives? I don't know much about knives or knife laws but by my interpretation this knife is illegal for me to own and for the academy to sell me. Even brand new, if i worked at it, I could inertially flip the knife open with my wrist. What do yall know about this?

Thanks.
 
Knife laws have gotten out of hand. I wonder what Jim Bowie (of Alamo fame) would have done had he seen what's coming.

Jim: What? This knife of mine is someday going to be illegal? And I'm dying for this new Texas? No thanks.
 
Im sure its in there, but it doesnt list switchblades as illegal knives. so does this mean they are legal?
 
never mind, i found it. I think its great how theyve gotten around the law with the assisted openers

Lee
 
pioneeringelements said:
What gives? I don't know much about knives or knife laws but by my interpretation this knife is illegal for me to own and for the academy to sell me. Even brand new, if i worked at it, I could inertially flip the knife open with my wrist. What do yall know about this?

Thanks.
Click to expand...
AFAIK, it still legal for them to sell and for you to buy any knife you want, up to and including swords, big Bowies, etc. provided that you don't carry them as part of your everyday activities. The "carry" part of the law is where you and I get into trouble with any of the "illegal knives." If you want to collect and display them in your own home, you're free to do so. (I've "heard" one can collect switchblades in Tx too, but I don't see that exemption in the laws when you're buying. I guess it would only work if it was a gift or if you were former military or LEO.)
As an example, when my wife bought a dagger, the store taped up the box it came in and strongly advised that she leave it like that until we got home, lest some overzealous LEO confiscate it during a traffic stop, if we were so unlucky.

Matt in Texas
 
The knife laws here in TX arent perfectly clear on definitions, but what I understand is that balisongs are considered automatics here even though last time I checked none of mine open automatically. Being a l.e.o. is the only way you can carry automatics even when they are off duty (plain clothed) since they are considered to be always on duty.
 
PC §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.
(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
36 PC §46.06. TEXAS CONCEALED HANDGUN LAWS
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, or short-barrel firearm solely as an antique or curio;

And then the definition of switchblade is as follows:

PC 46.01
(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.


~~~~~~~

so by my understanding, even the purchase of such a knife was still illegal.

I suppose then that i can carry a 5.5 inch straight blade knife(that's legal in texas), but should the spring break on my pocket knife, it becomes a switchblade.

I go to college here in texas and up in the honors loungue yesterday, I mentioned this to a few guys and they all proceeded to pull out their knives and demonstrate the centrifugal action brought on by normal wear and tear.
 
I went to the Travis County Precinct 3 courthouse with my Leek last week.

I asked an officer about it and I was infomed that any knife with a spring (assisted opening) is considered a switchblade. FYI a state jail felony in a courthouse.
 
The prosecutor in Matagorda County will prosecute the carrier of an assisted opener as carrying a switchblade. I got this straight from a recent former employee (a lawyer) of that office. A Balisong can be opened by centrigal force or gravity, so that makes it illegal in Texas. The key words with prohibited weapons in Texas are "on or about the person." Buy the weapon, take it home in a vehicle's trunk, and take it inside, and you are generally OK. Glove compartments and center consoles, even if locked, will be considered "on or about the person." Same thing for underneath the occupant's seat, or anywhere else readily reached. Certain prohibited items can be carried when participating in a sporting activity or historical reenactment in which that particular item is normally used, which is why hunters and campers can carry knives that otherwise exceed the limits. I am not a lawyer, but do enforce the law; this is not legal advice. As for knives which can be snapped or popped open against the force of the spring, those do not seem to result in prosecutions in my region of Texas. In fact, prosecution for carrying knives which are illegal are quite rare, especially if the detained person is sober and conservative in appearance and behaviour. Long hair, ragged clothing, cruising around bad parts of town, and smelling like a pothead are not indicators of conservative behaviour.
 
Hey, Thanks. I think I can stay out of trouble now. I had a customer the other day ask me about a sheath that would assist in the opening of the standard Buck 110. Looked like more trouble than it was worth to me. Thanks Rex G
 
I try to be helpful. It is amusing to see how people in Texas will try so hard to find a quick-opening method for a folder that falls short of being a switchblade, when fixed blades are quite legal, assuming the other parameters are also legal, i.e., no daggers, dirks, poniards, Bowies, and throwing knives, and of course with a blade not exceeding the 5.5-inch limit. FWIW, most prosecutors will use the number of edges as the guideline for what is legal. One sharpened edge is OK. Multiple sharpened edges, or dagger-like things with a point but no edge as such, will likely cause problems with the law. As I remember, the case law that established two sharpened edges as constituting a dagger arose from a case involving a folder with one inch of the back edge sharpened, so those who are wondering about such knives as those with a sharpened swedge should heed this. I cannot quote the case; I had it saved in my computer but not yet saved to back-up disk when a crash happened.
 
it seems that any knife that a person in texas owns can be considered illegal if the jack booted thug wants to make an issue out of it. it's sad to see so many laws reguarding knives. i am a transplant to tx and i have quite a few edged tools that i own. it seems to me that the government is becomming more afraid of the people that put them in power then needs to be.
i have come to see the future as very bleak for the comman person. i see these laws to protect people, but who are they protecting, themselves? man, has used knives since the begining of time, now they are subject of laws that are a waste of time.
next thing you will see is that a utility knife that you buy at a hardware store will be subject to the laws of the scared politicians. i hope this day will not arrive.
 
Rex G said:
I try to be helpful. It is amusing to see how people in Texas will try so hard to find a quick-opening method for a folder that falls short of being a switchblade, when fixed blades are quite legal, assuming the other parameters are also legal, i.e., no daggers, dirks, poniards, Bowies, and throwing knives, and of course with a blade not exceeding the 5.5-inch limit.
Click to expand...

Welll, in a conversation with the guy behind the knife counter at the Sportsman's Warehouse here in San Antonio who is both a knife enthusiast and a pre-law student, in SA and I think he said Bexar country, ANY fixed blade is illegal except if you have a hunting license, can reasonably prove you are going hunting, the blade is not over 4.5 inches and you are wearing it fully exposed. Also, all lockblades are illegal and assisted openers are considered auto knives. Fortunately that isn't the case here in Medina country that I know of, but I do work in Bexar county and shop, go to the doctor, and otherwise go into San Antonio on a regular basis.

I already ranted on another thread, so won't go off as much here, but it seems a damned insult to the whole Alamo thing and amounts to spitting, and worse on the graves of all the folks who fought for Texas independence and who settled here, dealing with tough, pioneer conditions.

P.S. As to how they can sell these knives in the city limits he told me they get by on a loophole of selling them for "collecting purposes." Not to mention, you can buy it and have it at home, but you are probably breaking the law for transporting from the store to you home.

I may have to start thinking about moving back to Alaska and taking my native Texan by several generations wife with me.
 
okay i talked to a deputy here in midland county, tx. he said that a knife that is opened with a flick of the wrist is an assisted opener not a switch blade. a switch blade is anything that you don't need movement for.
 
Aquaholic said:
I went to the Travis County Precinct 3 courthouse with my Leek last week.

I asked an officer about it and I was infomed that any knife with a spring (assisted opening) is considered a switchblade. FYI a state jail felony in a courthouse.
Click to expand...

Take anything an officer says with a grain of salt. They generally have no idea.
Ask the DA, or a lawyer.(someone who knows the law and case records)
 
eagle12167 said:
yeah, but the officer is the one who is going to do the arest. not the lawyer.
Click to expand...

that doesn't mean anything- if they don't even know the law, they won't be able to educate you.

The cops have to follow the law as well, even the ones they don't know.

You owe it to yourself to find out what the law is- so ask the people who would be prosecuting you if you got arrested. :thumbup:
 
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