I'm posting here a message that I got from an attorney as is until I
find the actual amendement.
"On your list of state laws regarding switchblades, in 2013, Texas
amended its knife laws to permit possession AND CARRY RIGHTS on knives,
including switchblades, provided blades are less than 5.5” in
length. I am a retired Texas attorney and request you update
your state laws on switchblades, especially in Texas."
It is legal, as far as we could find out, to carry
automatic knives in Texas provided that they do not come with a double
edge blade and that that blade is no longer than 5.5in.
The law was amended sometimes in 2013.
Be aware that we could not find the actual law, The above comes from
what were told and checked online the best we could.
We will be much obliged if anyone of you can point us to the actual
Knives at menseffects.com
Probable latest amendment
relating to the criminal consequences of engaging in certain
conduct with respect to a switchblade knife.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASections 46.05(a), (d), and (e), Penal Code, are
amended to read as follows:
(a)AAA person commits an offense if the person intentionally
or knowingly possesses, manufactures, transports, repairs, or
(1)AAan explosive weapon;
(2)AAa machine gun;
(3)AAa short-barrel firearm;
(4)AAa firearm silencer;
(5)AA[a switchblade knife;
(7)A[(8)]AAa chemical dispensing device;
(8)A[(9)]AAa zip gun; or
(9)A[(10)]AAa tire deflation device.
(d)AAIt is an affirmative defense to prosecution under this
section that the actor ’s conduct:
(1)AAwas incidental to dealing with a [switchblade
knife, springblade knife,] short-barrel firearm[,] or tire
deflation device solely as an antique or curio;
(2)AAwas incidental to dealing with armor-piercing
ammunition solely for the purpose of making the ammunition
available to an organization, agency, or institution listed in
Subsection (b); or
(3)AAwas incidental to dealing with a tire deflation
device solely for the purpose of making the device available to an
organization, agency, or institution listed in Subsection (b).
(e)AAAn offense under Subsection (a)(1), (2), (3), (4), (6),
(7), or (8)[, or (9)] is a felony of the third degree.AAAn offense
under Subsection (a)(9) [(a)(10)] is a state jail felony. An
offense under Subsection (a)(5) [or (6)] is a Class A misdemeanor.
SECTIONA2.AAThe change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTIONA3.AAThis Act takes effect September 1, 2013.
AAAAPresident of the Senate Speaker of the HouseAAAAAA
I certify that H.B. No. 1862 was passed by the House on May 7,
2013, by the following vote:AAYeas 141, Nays 1, 2 present, not
Chief Clerk of the HouseAAA
I certify that H.B. No. 1862 was passed by the Senate on May
22, 2013, by the following vote:AAYeas 31, Nays 0.
Secretary of the SenateAAAA
Texas - Health, Safety & Morals - 46.02. Unlawful carrying
weapons. (a) A person commits an offense if intentionally,
knowingly , or recklessly carries on or about his person a
handgun, illegal knife, or club. [Exceptions: official;
actor was own premises; was traveling; engaged in lawful
hunting, fishing, or other sporting activity; security
- 46.01. Definitions. (1) "Club"... includes... (D)
(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
(C) dagger, including but not limited to a dirk, stiletto,
(D) 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.
- 46.03. Places weapons prohibited.
(a) A person commits an offense if, with a firearm, illegal
knife, club, or prohibited weapon [includes switchblade
knives], he intentionally, knowingly, or recklessly goes:
(1) on the physical premises of a school [or school bus];
(2) on the premises of a polling place...
[(3) a court; (4) a racetrack; (5) secured area of an
- 46.05. Prohibited Weapons. (a) A person commits and offense
if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells... (5) a switchblade
knife... (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...
- 46.06. Unlawful transfer of certain weapons.
(a) A person commits an offense if he... (2)... sells...
gives... offers... to any child younger than 18 years any
firearm, or illegal knife [except with written parental
Texas Case Law:
- "A teacher could not carry weapons in his school room..."
- Broken switchblade knife was still a "switchblade knife"
within this section... (1986)
- "Defendant's contention that he took knife to school to
fight demons that plagued him did not defeat requisite
state of mind for conviction..." (1993)