reply to post by Insurrection
(Note that this official version doesn't include the repeal as it is not yet the law) -
See more at: www.kniferights.org...
First, the definition of an Illegal Knife in Sec. 46.01(6)(C) still includes "dagger, including but not limited to dirk, stilletto and poniard."
That has not changed. None of these type knives, dagger, etc., are defined in Texas law, but based on case law generally you should assume that a
"dagger" covers any double-edged blade. This would include automatic knives with double-edged blades
There is also an exception for use if you are "engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the
activity is conducted, or is en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity." Note
the last part of that exception. You might find it a challenge in court supporting the contention that the otherwise illegal knife was "commonly used
in the activity." Also, as with the previous paragraph, case law is clear that you cannot use this argument if you are not actually traveling
directly to or from the activity.
(6) “Illegal Knife” means a:
(A) knife with a blade over five and one half inches;
Rainer v. State, 763 S.W.2d 615 (Tex. App.-Eastland 1989, pet. ref’d) To determine
length, measure entire length of blade past handle, not just the sharpened portion of the
blade. Same result in McMurrough v. State, 995 S.W.2d 944 (Tex. App.-Ft. Worth 1999).
(B) hand instrument designed to cut or stab another by being thrown;
Albert v. State, 659 S.W.2d 41 (Tex. App.-Houston [14
Dist.] 1983, pet. ref’d) Martial
arts throwing star qualifies as “a hand instrument designed to cut or stab another by being
(C) dagger including but not limited to a dirk, stiletto, and poniard;
Armendariz v. State, 396 S.W.2d 132 (Tex. Crim. App. 1965) A knife slightly over seven
inches in length when open, equipped with a double guard, blade that locks open and is
sharpened on both sides of blade for over an inch meets the definition of a dagger.
(D) bowie knife; Mireles v. State, 192 S.W. 241 (Tex. Crim. App. 1917) A knife in a scabbard with a blade
nine inches long and a handle four or five inches long described as a butcher knife was
embraced in the term “bowie knife” as defined by the Penal Code.
(E) sword; or
(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.