Critical Dimensions:

More than 5-1/2 inches tongue length thought about location "restricted knife."


At a Glance:

Texas statutory regulation on the subject of knives, uncovered at chapter 46 that the Penal Code, is objective and based top top measurable aspects. The restraints space limited. There are two species of knives in Texas law, distinguished only by blade length. A ‘location limited knife’ is any type of knife (bladed hand instrument) v a blade end 5-½ inches. If the blade is precisely 5-½ inches, or less, that is just referred come throughout chapter 46 together a ‘knife’. In enhancement to restrictions on areas or locations applicable come a ‘location minimal knife’ there are likewise limitations for human being under the period of eighteen (18).

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Relevant Statutes:

§ 46.01. Definitions

“Location-restricted knife” way a knife through a blade end five and also one-half inches.“Knife” means any bladed hand instrument the is qualified of inflicting major bodily injury or death by cutting or stabbing a person with the instrument.

§ 46.02. Unlawful delivering Weapons§ 46.03. Places weapons Prohibited§ 46.05. Prohibited Weapons§ 46.06. Unlawful transfer of particular Weapons§ 46.15. Non-applicability§ 229.001. Firearms; air Guns; Knives; Explosives (State Preemption)

Restricted Knives:

Any knife v a blade much longer than 5-½ inches.

Concealed Carry:

Concealment or open lug of velvet and/or ‘location minimal knives’ is no an issue.

Restrictions on sale or Transfer:

A location limited knife may not be offered to a person under the period of eighteen (18).

Restrictions on bring in details Locations/Circumstances:

Yes. Location limited knives. See discussion below

Statewide Preemption:

Yes, Texas Local government Code ar 229.001(a)(1)

Discussion:

Blade size

Texas has eliminated some the its front knife regulation which was based upon blade shapes or styles and opening instrument in favor of a legal standing based solely upon blade length. This has been understood by Texas appellate level courts together the size of the ‘flat-edged component of the knife, which contains the sharpened part of the instrument and also any staying flat-edged part up to, however not including, the handle.’ McMurrough v. The State that Texas, 995 S.W. 2d 944 (1999).

The Texas measurement conventional is continual with the znjke.com Protocol because that Measuring Knife Blade size which provides that blade length ‘shall be the right line prolonging from the guideline of the blade to the forward-most aspect of the hilt or handle.’

In the McMurrough case the difference in between the length of the sharpened component of the tongue only, and the length from blade reminder to the manage was about ½ customs for a complete length that 6 inches. The conviction for possession that a knife with a blade much longer than 5-½ inches was upheld. The exact same measurement typical was previously used by the Texas Court of Appeals in Rainer v. State the Texas, 763 S.W. 2d 615 (1989) back the amount of the declared differential is no discernible indigenous the opinion.

znjke.com recommends the increments less the 1/8 inch are impractical when measuring tongue length, and, as appropriate, the measurement have to be rounded down to the next totality 1/8 the an customs increment. Texas might not pick do so. We imply one not shot for the maximum length when picking a knife because that unrestricted carry in any kind of event.

Persons Under the period of 18

It is unlawful every § 46.02 (a4) for a person under the age of 18 to ‘intentionally, knowingly, or recklessly lug on or around his or her person a location-restricted knife’, topic to certain exceptions:

A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly dead on or about his or her human a location-restricted knife;

(2) is younger than 18 years of age at the moment of the offense; and

(3) is not:

(A) on the person’s very own premises or premises under the person’s control;

(B) within of or directly en path to a motor automobile or watercraft the is own by the human or under the person’s control; or

(C) under the straight supervision of a parental or legal guardian that the person.

It is an in similar way unlawful per § 46.06 (a2) to intentionally or knowingly sell, provide, or even offer to market or administer a location limited knife to someone under age 18. One affirmative defense is obtainable if the parent or legal guardian had offered written permission for a sale or ‘effective consent’ because that a non-sale transfer. § 46.06 (c).

There is also an exemption for outdoor searches as collection forth in § 46.15 which provides that § 46.02 does not use to persons:

engaging in lawful hunting, fishing, or various other sporting task on the prompt premises wherein the task is conducted, or is en route in between the premises and also the actor’s residence, motor vehicle, or watercraft, if the weapon is a form commonly offered in the activity;

There room no restrictions for a ‘knife’ v a blade size less 보다 5-½ customs applicable come persons under 18 years of age.

Restricted Locations

Most of the limit on velvet in Texas involves the various locations where a ‘location minimal knife’- blade longer than 5-½ customs – is prohibited. The portion of § 46.03. (Places weapons Prohibited), applicable to such items is together follows:

a) A human commits an offense if the human intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or banned weapon provided in ar 46.05(a):

(1) top top the physical premises that a school or educational institution, any type of grounds or structure on i beg your pardon an task sponsored through a college or educational school is gift conducted, or a passenger transportation vehicle of a school or educational institution, even if it is the school or educational institution is publicly or private, unless:

(A) pursuant to written regulations or composed authorization that the institution; or

(2) ~ above the basic of a polling location on the work of an choice or while at an early stage voting is in progress;

(3) ~ above the basic of any type of government court or workplaces utilized through the court, uneven pursuant to written regulations or created authorization the the court;

(4) on the premises of a racetrack;

(5) in or into a secured area of one airport; or

(6) within 1,000 feet of basic the ar of which is designated through the Texas room of Criminal Justice together a place of execution under article 43.19, password of Criminal Procedure, top top a day the a sentence of death is set to be imposed on the designated premises and the person received an alert that:

(A) going in ~ 1,000 feet of the premises through a weapon noted under this subsection was prohibited; or

(B) own a weapon noted under this subsection within 1,000 feet of the premises was prohibited.

(a-1) A human commits an offense if the person intentionally, knowingly, or recklessly own or goes with a location-restricted knife:

(1) top top the basic of a organization that has a allow or patent issued under thing 25, 28, 32, 69, or 74, alcoholic Beverage Code, if the organization derives 51 percent or much more of its revenue from the revenue or organization of alcoholic beverages because that on-premises consumption, as identified by the Texas alcoholic Beverage board of directors under section 104.06, alcoholic Beverage Code;

(2) ~ above the premises whereby a high school, collegiate, or skilled sporting event or interscholastic occasion is taking place, unless the human being is a participant in the event and a location-restricted knife is offered in the event;

(3) top top the premises of a correctional facility;

(4) top top the basic of a hospital licensed under chapter 241, Health and also Safety Code, or ~ above the basic of a nursing basic licensed under chapter 242, Health and Safety Code, uneven the person has actually written authorization the the hospital or nursing facility administration, together appropriate;

(5) top top the basic of a psychological hospital, as defined by ar 571.003, Health and Safety Code, unless the person has written authorization of the psychological hospital administration;

(6) in an amusement park; or

(7) ~ above the basic of a church, synagogue, or other established place of spiritual worship.

(g-1) If the weapon the is the subject of the offense is a location-restricted knife, an violation under this ar is a course C misdemeanor, other than that the offense is a felony the the 3rd degree if the offense is cursed under Subsection (a)(1).

Law Enforcement / Military and Other Exceptions

Numerous and varied class of state and also local government employees, ‘first responders’, and US Military, are exempted in part or completely from sections 46.02 and 46.03 through the provisions of § 46.15, (Non-applicability):

Sections 46.02 and 46.03 carry out not use to:

(1) peace policemans or special investigators under short article 2.122, password of Criminal Procedure, and neither section prohibits a peace officer or unique investigator from delivering a weapon in this state, consisting of in an establishment in this state offer the public, nevertheless of even if it is the peace officer or special investigator is involved in the actual discharge the the officer’s or investigator’s duties while transferring the weapon;

(2) special amnesty officers and also neither ar prohibits an officer from transporting a weapon in this state if the officer is:

(A) involved in the yes, really discharge that the officer’s duties while moving the weapon; and

(B) in compliance v policies and also procedures adopted by the Texas room of Criminal Justice regarding the possession that a weapon by an officer if on duty;

(3) ar supervision and corrections department policemans appointed or to work under section 76.004, federal government Code, and neither ar prohibits an officer from delivering a weapon in this state if the officer is:

(A) involved in the yes, really discharge the the officer’s duties while delivering the weapon; and

(B) authorized to bring a weapon under ar 76.0051, federal government Code;

(4) an active judicial officer as characterized by section 411.201, federal government Code, that is license is granted to bring a handgun under Subchapter H, thing 411, government Code;1

(5) an honorably retired tranquility officer, standard retired regulation enforcement officer, commonwealth criminal investigator, or previous reserve law enforcement officer that holds a certificate of proficiency authorize under section 1701.357, job Code, and is delivering a photo identification the is authorize by a federal, state, or local legislation enforcement agency, as applicable, and that verifies that the officer is:

(A) an honorably retired tranquility officer;

(B) a default retired law enforcement officer;

(C) a federal criminal investigator; or

(D) a former reserve law enforcement officer who has actually served in that volume not much less than a full of 15 years with one or an ext state or local regulation enforcement agencies;

(6) the attorney basic or a United claims attorney, ar attorney, criminal district attorney, county attorney, or municipal attorney who is license is granted to lug a handgun under Subchapter H, thing 411, federal government Code;

(7) an assistant United says attorney, assistant lawyer general, assistant district attorney, assistant criminal ar attorney, or assistant ar attorney that is licensed to carry a handgun under Subchapter H, thing 411, federal government Code;

(8) a bailiff designated by an energetic judicial officer as characterized by section 411.201, government Code, who is:

(A) license is granted to bring a handgun under Subchapter H, chapter 411, government Code; and

(B) involved in escorting the justice officer;

(9) a juvenile probation officer that is authorized to lug a firearm under section 142.006, human being Resources Code; or

(10) a human being who is volunteer emergency solutions personnel if the human being is:

(A) delivering a handgun under the government of Subchapter H, thing 411, government Code; and

(B) engaged in giving emergency services.

(b) section 46.02 walk not use to a human being who:

(1) is in the really discharge of main duties as a member of the armed forces or state military forces as characterized by ar 437.001, government Code, or together a security employed through a penal institution;

(2) is traveling;

(3) is engaging in lawful hunting, fishing, or various other sporting activity on the immediate premises where the task is conducted, or is en route in between the premises and the actor’s residence, engine vehicle, or watercraft, if the weapon is a form commonly supplied in the activity;

(4) hold a security officer commission authorize by the Texas exclusive Security Board, if the person is engaged in the power of the person’s duties as an officer commissioned under chapter 1702, occupations Code, or is traveling to or from the person’s location of assignment and also is attract the officer’s uniform and carrying the officer’s weapon in level view;

(5) acts together a an individual protection officer and also carries the person’s security officer commission and personal protection officer authorization, if the person:

(A) is engaged in the performance of the person’s duties as a an individual protection officer under chapter 1702, occupations Code, or is traveling to or indigenous the person’s place of assignment; and

(B) is either:

(i) wearing the uniform that a defense officer, including any kind of uniform or apparel described by ar 1702.323(d), job Code, and carrying the officer’s weapon in plain view; or

(ii) no wearing the uniform of a defense officer and carrying the officer’s weapon in a concealed manner;

(6) is carrying:

(A) a license issued under Subchapter H, thing 411, government Code, to lug a handgun; and

(B) a handgun:

(i) in a covert manner; or

(ii) in a shoulder or belt holster;

(7) holds an alcoholic beverage allow or license or is one employee that a holder of an alcohol addict beverage permit or license if the human is supervising the operation of the permitted or license is granted premises; or

(8) is a college student in a law enforcement class engaging in an activity required as part of the class, if the weapon is a kind commonly provided in the activity and the human is:

(A) on the instant premises where the task is conducted; or

(B) en route in between those premises and the person’s residence and also is carrying the weapon unloaded.

(c) The provision of section 46.02 prohibiting the transferring of a club does not apply to a noncommissioned protection guard in ~ an college of higher education that carries a nightstick or similar club, and who has actually undergone 15 hours of training in the appropriate use of the club, consisting of at the very least seven hours of maintain in the use of the club for nonviolent restraint. For the purposes of this subsection, “nonviolent restraint” way the usage of reasonable force, not intended and not likely to inflict bodily injury.

(d) The provisions of ar 46.02 prohibiting the moving of a firearm or delivering of a club perform not use to a public protection officer employed by the adjutant basic under ar 437.053, government Code, in performance of official duties or while travel to or from a ar of duty.

(e) ar 46.02(a-4) does not use to one individual moving a location-restricted knife used in a historical demonstration or in a ceremony in which the knife is far-ranging to the power of the ceremony.

(f) ar 46.03(a)(6) walk not use to a human who possesses a firearm or society while in the really discharge of official duties as:

(1) a member the the armed forces or state military forces, as identified by section 437.001, government Code; or

(2) an employee the a penal institution.

(g) The provisions of sections 46.02 and 46.03 prohibiting the possession or delivering of a club execute not use to an animal control officer that holds a certificate issued under ar 829.006, Health and also Safety Code, and also who own or dead an instrument provided specifically because that deterring the bite of an animal while the officer is in the performance of official duties under the Health and also Safety code or is traveling to or native a location of duty.

(j) The provisions of section 46.02 prohibiting the transferring of a handgun carry out not use to one individual that carries a handgun together a participant in a historic reenactment carry out in accordance with the rule of the Texas alcoholic Beverage Commission.

Statewide Preemption

The Texas preemption law provides, v respect come knives, that municipalities might not embrace regulations relating to, amongst other things, the transfer, possession, wearing, or moving of knives. This consists of public parks, parades, publicly meetings or political rallies.

Municipalities may embrace regulations i beg your pardon require residents or public employees to be equipped for personal or national defense, legislation enforcement, or various other lawful purposes. Such a meritorious regulation might include or point out knives.

Municipalities may also regulate the use of guns or knives in the situation of an insurrection, riot, or natural disaster if the municipality find the regulation is essential to defend public health and safety. A regulation requiring inhabitants to be armed, as debated above, may obviate such a need.

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Consequences

Compliance through the knife legislation of Texas is far less onerous 보다 compliance with the knife law of many other states. In general, the Texas penalties because that non-compliance are also much more realistic. The restricted knife violation the § 46.02 (a4) (person under 18 in possession the a ‘location minimal knife’), and the place violations the § 46.03, through the exception of college locations, are classified a class C Misdemeanors which bring a maximum penalty of a fine not to exceed $500 and also no collateral disqualifications. A § 46.03 violation including a school place is a felony.