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Texas is indeed a haven for many pocket knife enthusiasts. These tools, while useful and enjoyable, are subject to certain legal regulations when carried in public places.
Whether you are a resident or a visitor in Texas, understanding the state’s knife laws is crucial to avoid any legal mishaps.
In this blog post, we delve into the types of pocket knives that are legally permissible in Texas, the age restrictions, open carry laws, penalties for violations, and other related topics concerning Texas knife laws.
Our Top Rated “50-State-Legal” Knives
*These knives are listed based on their broad legality across states, but always consult your local laws before making a purchase.
Texas Statewide Preemption Laws For Knives
Preemption laws in Texas help maintain a uniform regulation on knives across the state. The primary regulation surrounds the blade length of the knives. A ‘location-restricted knife’ is defined as any knife with a blade length exceeding 5 ½ inches. These knives can be legally owned but have restrictions on where they can be carried.
Types Of Knives In Texas
Legal Knives
Most types of knives are legal to own and carry in Texas. These include folding knives, hunting knives, tactical knives, daggers, and various types of pocket knives. The blade length of these knives, when carried openly in public, should not exceed 5 ½ inches. However, there are restrictions on carrying longer blades in specific locations such as schools, government buildings, and bars.
Prohibited Knives
Texas no longer has a list of prohibited knives as of 2017. However, any knife with a blade longer than 5.5 inches is considered a location-restricted knife, meaning it cannot be carried in certain places like schools, churches, hospitals, or amusement parks. Minors under 18 are not allowed to carry these knives unless accompanied by a parent or guardian.
Knife Length Laws In Texas
The maximum blade length one can openly carry without restrictions in Texas is 5 ½ inches. Any blade length beyond that is considered a ‘location-restricted knife.’ You can own these knives, but you are prohibited from carrying them in certain public spaces.
Knife Carry Laws & Requirements
Open Carry
Open carry laws in Texas apply to pocket knives as well. Any type of knife with a blade length less than 5 ½ inches is legal to carry openly. The same applies to traditional pocket knives and multi-tools like Swiss Army knives.
Concealed Carry
Any individual over 18 can carry a knife concealed, provided the blade is not longer than 5 ½ inches. Exceptions exist for individuals with a valid handgun license, who may carry knives with blades longer than 5 ½ inches.
Legal Age to Carry a Pocket Knife in Texas
The legal age to carry a pocket knife in Texas is 18 years old. Minors are allowed to carry a knife longer than 5.5 inches only in specific circumstances, like hunting or fishing, or if accompanied by an adult.
Carrying Pocket Knives in Public Places in Texas
Carrying pocket knives in public places in Texas is subject to specific laws and regulations. It’s illegal to carry a pocket knife on school grounds or any educational institution, and restricted locations include bars, government buildings, and airports(
Penalties for Violating Knife Laws in Texas
Penalties for violating knife laws in Texas can range from fines to jail time, depending on the offense. For instance, carrying a location-restricted knife into a prohibited area like a school or bar could result in a Class C misdemeanor, with fines up to $500(
Defenses Against Knife Charges in Texas
Defenses against knife charges in Texas include self-defense, lack of intent to commit a crime with the weapon, a mistake of fact, and entrapment.
FAQs in Relation to Texas Knife Law
Are switchblades legal in Texas?
Yes, switchblades are fully legal in Texas. As of 2013, you can legally carry, sell, and repair them without restrictions on blade length.
Are gravity knives legal in Texas?
Yes, gravity knives are legal under the same blade length restrictions as other knives (5.5 inches).
What size knife is legal to carry in Texas?
In Texas, you can carry any knife with a blade less than 5 ½ inches long without restrictions.
Are OTF knives legal in Texas?
Yes, OTF (Out The Front) knives are legal in Texas as long as the blade length does not exceed 5.5 inches.
Are automatic knives legal in Texas?
Yes, automatic knives are legal under the same blade length restrictions as other knives.
How old do you have to be to buy a knife in Texas?
In Texas, individuals need to be at least 18 years old to purchase a knife.
Can felons carry a knife in Texas?
Felons can carry knives as long as the blade length is under 5.5 inches, but it’s important to consult legal professionals regarding parole or probation restrictions.
Texas State Knife Law References
Official Sources of Texas’ Knife Laws
- Texas Penal Code Chapter 46 defines and provides regulations regarding the carry and sale of knives among other weapons.
Significant Court Cases
| Case Title | Summary |
|---|---|
| Rainer v. State | Clarified that blade length restrictions pertain to the cutting portion, not the entire blade. |
| Knife Rights, Inc. et al v. Garland et al | Addressed the legality of carrying certain knives within federal jurisdiction in Texas. |
Timeline of Major Changes
- 2013: The manufacture, sale, and possession of switchblades became legal.
- 2017: HB 1935 removed the “illegal knife” category, but introduced “location-restricted knives” (blades longer than 5.5 inches).
- 2023: Further reforms under HB 1311 aimed at simplifying knife laws.
The changes in Texas’ knife laws over the years show a trend towards liberalization, with significant legislation in 2017 and 2023 removing many of the earlier restrictions on carrying various types of knives. Nonetheless, some location-based restrictions and age restrictions (for minors) remain in place.
Conclusion
Texas knife laws are fairly straightforward but vary based on blade length and individual circumstances. Anyone carrying a pocket knife in Texas should be aware of the types of knives that are legal, the age restrictions, and the locations where they can be carried.
By adhering to Texas knife law regulations, you can enjoy your rights responsibly without fear of legal repercussions.
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