As stated throughout this article, owning a knife is not illegal in Texas. The Chesapeake State is not only in close proximity to the Washington, D.C., but it is the home to one of the most violent cities in America, Baltimore, which reported 98.6 violent crimes per 10,000 residents in 2018. 817.810.9395 This necessitated the government both in Texas and all other states to protect schools. Mautner v. Quattrone, 211 Cal. Under article 42.12 of the Texas Code of Criminal Procedure, if a “deadly weapon” is used or exhibited during the commission of a felony offense or during the immediate flight after committing a felony offense, you are no longer eligible for community supervision (probation) as a possible sentence by a judge. Both the juveniles under the age of 18 and adults are allowed to own, carry and use the knives. “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. Well, these questions seem many and confusing, right? This definition probably does not fit into the average person’s definition of the word “use.” It is important to realize that a judge or jury may find that you “used” the knife without actually touching it, much less displaying it. It is likely that a butterfly knife, or any substantially sized knife, will be considered a deadly weapon. In Cooks, the defendant was seen playing with a butterfly knife before making a drug deal. –https://www.akti.org/state-knife-laws/texas/ Switchblades are no longer considered to be illegal. There is no law worldwide that has an exception. When a butterfly knife is closed, the blades are fully concealed. In response to the growing threat on Capitol Hill to regulate firearms, the State of Texas enacted several laws granting residents the right to open and conceal carry a wide variety of guns. Still, though, there may be some gray area here if it would be possible for a butterfly knife to be seen as an offensive weapon, in which case both open and concealed carry would be illegal. It depends on whether one is a juvenile under the age of 18 or an adult. When is a butterfly knife used or exhibited? – Dallas June 6, 2007, pet. Crim. These concern knives that may be worn openly but not concealed, knives that can be carried both openly and concealed, and knives that are always illegal to carry.. A ‘location restricted knife’ is any knife (bladed hand instrument) with a blade over 5-½ inches. This is probably the thing that you should know first before investing in knives. 3d 1389 (1989). You may find that it is allowed to move around with a knife which is not more than 8 inches long. This is the law against prohibited weapons, such as brass knuckles. This does not allow those location restricted knives. You may not, for example, be allowed to own a game hunting knife if you don’t intend to use it for that purpose. Finally, a knife is a dangerous weapon. Butterfly knives Butterfly knives also known as Balisong knives. Which kinds of knives are illegal to own in the state? Texas statutory law on the topic of knives, found at Chapter 46 of the Penal Code, is objective and based on measurable aspects. Illegal to sell switchblades and gravity knives to … Are you new in Texas and you do not want to run into the problem with the law because of a knife? Knife laws in New Mexico are pretty strict for the knife-users. A deadly weapon is a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. You may need to fully convince a police person so as not to be charged in a court of law. The age, therefore, may not matter in legality, but the use and carrying it around is the major determinant factors. It's not that there aren't any illegal knives. Otherwise, you may be charged for carrying a knife around. This is simply because they are considered as harmful weapons which may cause harm. It applies as follows: With the appropriate licensing, an adult may be allowed to carry even longer knives. Weapons charges are very serious. You can rest easy. Butterfly Knife or Balisong Knife It’s a folding knife and its origin to some is Philippines. Hence this makes the law which governs usage of butterfly knives to have a possibility of changing again. … This article will provide you with good insight into the Texan law on knives. App. The information regarding illegal weapons in Texas, including knives, is defined in Penal Code 46.01. Threatening or injuring someone with a knife is Aggravated Assault in Texas. The law instead of prohibiting them treated them as location restricted knives. We also have to appreciate the fact that the law is very dynamic and can change at any moment. The restraints are limited. A balisong knife is also legal to own. You, therefore, need to be updated with the law to be aware of the location restricted knives. Laws are dynamic and are bound to change at any time. Not all types are admissible for owning without express permission. Cody L. Cofer Your email address will not be published. (FOX 7 Austin) AUSTIN, Texas – A new law in Texas will allow people over 18 to carry knives with blades longer than 5 ½ inches in public. Although it is now legal to possess a butterfly knife, it can still lead to serious legal consequences if you had one with you when you committed a crime. The law has clearly outlined these places are restricted, prohibited and disallowed. Alaska Knife Laws. Is it appropriate to own or even carry a knife everywhere you go? More importantly, any knife is a deadly weapon. Maryland’s knife laws have been under scrutiny lately. Some of the examples of these prohibited knives are: The law allows almost anyone to carry a knife. It is good to note that butterfly knives can be a deadly weapon, especially when not handled with care. The statements you make to police can make your situation much worse. A switchblade knife is legal to own. This was done through legislation and decrees. Thompson v. State, 408 S.W.3d 614 (Tex. Shop Balisong knives with us at discounted and lowest prices. Futureknife.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. Save my name, email, and website in this browser for the next time I comment. A bowie knife is legal to own and carry around. However, this does not give you a free pass to carry around any type of butterfly knife you want to any location you want. Maybe in the future, the laws may change. It is also illegal to send butterfly knives through the U.S. What is legal/illegal in Arizona? However, because the law which made switchblade knives illegal was repealed in 2013, butterfly knives are now legal to own in Texas. So if you are allowed to own, carry and use a knife, there are restrictions to it. Five Key Takeaways From Texas' New Laws On Carrying Knives. Owning, carrying and using them is therefore highly restricted in Texas. There are kinds of illegal knives in Texas; the only restriction is the location-specific knives. There are two types of knives in Texas law, distinguished only by blade length. Peter Stec All Outdoors, Featured Articles April 19, 2020. (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. California knife laws break down into 3 categories of devices. These locations are specific places such as government buildings and schools. See People ex rel. But what if, during the sale of illegal drugs for example, the defendant simply had the butterfly knife with him in his pocket? That means after September 1, … Do not move around with it if you don’t intend to use it for the correct purpose. App. Therefore owning or using a butterfly knife while in Texas is not illegal. Are all kinds of knives allowed for public display in Texas? You can comfortably own a pocket knife in Texas. FREE SHIPPING & GENEROUS RETURNS! You can comfortably own a pocket knife in Texas. The possession, manufacture, transport, or sale of switchblades was previously prohibited under § 46.05 of the Penal Code, but on September 1, … A sword is also legal to own. In some states, including Tennessee and Washington, the laws regarding these knives are a gray area, as the legality of them depends on whether or not they are classified as switchblades. Other places include courthouses and places of worship. Normally, the butterfly knife is submitted to the factfinder (judge or jury) to decide if the knife has characteristics that make it deadly. There have always been fatalities in such cases. Clearly, when the knife is used to attack someone or presented in a threatening manner, during a robbery for example, the “used or exhibited” standard is satisfied. All kinds of stabbing knives are allowable. Fixed blade knives are often also called sheath knives due to the casing (sheath) they are carried in. Any knife with a blade over 5.5” is considered an “illegal knife,” and it is an offense under § 46.02 to carry an illegal knife on or with you anywhere besides your own vehicle or property or a vehicle or property that is under your control. Thus, you can use a deadly weapon without actually exhibiting it. Here is the list of knives Texas allows residents to own: Pocket Knives; Butterfly Knives; Ballistic Knives; Stilettos; Daggers; Misleading Knives; Machetes; Bowie Knives; Switch Blades; Open and Concealed Carry Statutes. In other instances, when going to purchase a knife, you may need to have sufficient proof that you just purchased. In a school setting, there have been cases where the students are stabbed. School children are harmless and defenseless hence they are an easy target for knife and in some cases, gun holders. One of the main reasons as to why these places are restricted is because of the occupants. Copyright © 2020 Futureknife.com. Individuals may not be punished for carrying or using them. Knives with blades 5.5 inches or more are called “location-specific knives” in the TPC. A good example is when not allowed to display it in public. Revision of Texas Knife Laws 2013 & 2017 As of September 1, 2013, it is legal to manufacture, sell, repair, transport, and possess switchblades. The state laws stipulate the kinds of knives that … Sub-part (d) of § 14-269 provides the ‘ordinary pocket knife’ exception to the concealed carry prohibition, and the criteria of what is required to come within the exception:This section does not apply to an ordinary pocket knife carried in a closed position. The courts have defined “used” as “any employment of a deadly weapon, even simple possession, if such possession facilitates the associated felony” and “exhibited’ as “consciously shown, displayed, or presented to be used.” Coleman v. State, 145 S.W.3d 649 (Tex. Due to these factors, a butterfly knife is practically as strong as a fixed blade knife. In Texas, a butterfly knife is considered a type of switchblade, which is defined in the Penal Code as any knife that folds into the handle and opens automatically by a spring mechanism or the force of gravity. State, that a butterfly knife fell within the statutory definition of a switchblade, and was therefore illegal to possess or carry. Arizona knife law has clearly outlined that the minimum age of any individual town a knife should be 21 years of age.Recently the knife law s department in Arizona preempted all the laws or to be more precise that local knives laws. There is an exception however for those with blades longer than 5.5 inches. Those that their blades are released by a force of gravity from their handles or even from the sheath are disallowed. It has two handles, which counter-rotates around the tang. 300 Burnett Street, Suite 130 It is legal for you to own a throwing knife as well as throwing stars. 2004) (citation omitted). This law could very quickly change, again. When closed, the blade stays hidden inside the handle groove. Always use it correctly and for the intended purpose. Hobanco Knives can be found in over 60 countries. To know the list of the banned knives, you can follow this article because we are here to give you the thorough discussion of the US knife laws of this state.. Which are the categories of knives are allowed for owning? Fort Worth, Texas 76102 Some of the examples of stabbing knives are: A butterfly knife is also okay to have in Texas. In as much as the law has allowed its citizens to enjoy the privilege, it does not extend to all locations. This is because of the danger it poses when the blade is released. ref’d) (mem. If it is longer than that, then it becomes challenging with the law itself. These knives are more resilient and rugged than your standard pocket knife due to the absence of moving parts. So you can comfortably own and use a push knife in Texas. In Texas, a butterfly knife is considered a type of switchblade, which is defined in the Penal Code as any knife that folds into the handle and opens automatically by a spring mechanism or the force of gravity. Today you can legally carry a butterfly knife with you, but beware of the consequences it may have. Yes, indeed there are. App. The state has preempted all local knife laws. September 1, 2019. Your email address will not be published. Postal Service. While in Arizona you all knife … So it may be legal to own a certain kind of knife today, and illegal tomorrow. op.). Cooks v. State, No. It is also prohibited under § 46.03 to carry an illegal knife in certain locations such as a school or educational institution, on the premises of any government court, a racetrack, or into the secured area of an airport. A butterfly knife, also called a Balisong knife, is considered dangerous and illegal in some states because it can be easily used as a deadly weapon. The possession, manufacture, transport, or sale of switchblades was previously prohibited under § 46.05 of the Penal Code, but on September 1, 2013, the Texas Legislature modified the statute and made switchblades, and therefore butterfly knives, no longer prohibited. A butterfly knife is also okay to have in Texas. So is a butterfly knife a deadly weapon? (8) Repealed by Acts 2019, 86th Leg., R.S., Ch. Throwing stars or other throwing knives; Stiletto; Balisong (butterfly) knife; Despite this ability, there are some limitations to the types of knives people can conceal carry. A Totally UNRESTRICTED Weapon! This question dives into a much murkier area of the law. Most likely, yes. Are butterfly knife illegal to carry in Texas and if so why is it illegal The court concluded that simply possessing a weapon can facilitate the possession of drugs with intent to sell them and that by possessing the butterfly knife the defendant “used” it to facilitate the distribution of cocaine. Be safe! One, however, has to have a very good reason as to why to carry it around. The law allows you to own them. However, the Knife Preemption law proposed with this change did not pass, and some bladed weapons similar to switchblades remain illegal. Butterfly knives are illegal in some states due to their association with violence. Is a Butterfly Knife Illegal in Texas? 446), Sec. However, because the law which made switchblade knives illegal was repealed in 2013, butterfly knives are now legal to own in Texas. In Thompson, the court concluded that a rational jury could have found beyond a reasonable doubt that a butterfly knife with a serrated edge is a deadly weapon. However, he argued that there was no evidence that he actually used or exhibited the knife during the sale of drugs. As earlier stated, to every law there is an exception. Butterfly knives laws in Arizona. Originating in the Philippines, the butterfly knife, also known as a balisong or fan knife, is a type of folding knife consisting of a blade concealed between two handles that is opened by gravity. Knives with long lengths, for example, are so restricted. Arizona Knife Laws. No illegal knives as of 2013. The important question is whether this deadly weapon is “used” during the commission of a crime. 3 Ways to Actually Sleep When Camping in a Hammock. Some states completely ban the possession or sale of the butterfly knife, while others only make it illegal to carry the knife concealed. The Texan law allows you to carry a knife. They are also referred as fan knives. A new state law eliminates the category of "illegal knives," effectively expanding knife owners' freedom to carry blades almost anywhere in the state. Amazon, the Amazon logo, AmazonSupply, and the AmazonSupply logo are trademarks of Amazon.com, Inc. or its affiliates. Another exception to the legality of owning a knife is the type of knife itself. If therefore you are found to be infringing on the above rules, you will be charged in court. The laws of this state do not prescribe any limitation for other kinds of knives. In 2005, in an unpublished decision, the Texas Court of Appeals found, in Cook v. State, that a butterfly knife fell within the statutory definition of a switchblade, and was therefore illegal to possess or carry. Read on through for more information. If you are facing any weapons related criminal charges in Texas, contact a criminal defense attorney. Fixed blades tend to offer longer blades, which provide a greater variety of usage with blades up to and beyond 13” in length. The only exception is that the law has its restrictions. ... (aka “butterfly knives”) under the definition of an illegal knife. Required fields are marked *. However, the California Courts have determined that butterfly knives fit within the definition of switchblades. In a courtroom, for example, a judge or a magistrate can be intimated to circumvent the law. 4, eff. Concealed carrying of deadly or dangerous knives is completely banned here. Knife Laws / November 3, 2019 by Future Knife / Leave a Comment. Gravity knives, which have blades released from their handles or sheaths by the force of gravity, are still prohibited in Texas. The law does not expressly prohibit the citizen from owning a knife or knives. However, the following places are restricted for carrying a knife. This then makes it legal to own and use it anywhere except in the stated specific places. Have you ever wondered if a knife is a safe tool all the time? Best Legal Butterfly Knives In Texas Why Are Butterfly Knives Illegal. It is therefore important to stay abreast of the changes in the law. A spear is allowed for ownership. We carry cool knives, cheap knives, high quality knives, and unique knives. This is simply – COOL! Some of those allowed for carrying and use are: The state laws stipulate the kinds of knives that are illegal to own. The laws concerning butterfly knives are not specifically detailed in the California Statutes. What do the Texas laws say about owning or even moving with it around? Knives that are Prohibited in New Mexico Not all knives are allowed for owning and use in the state. There is a variety of butterfly knife laws across the United States that outlaw the knife in some form or fashion because of its quick, single-handed deployment and potential use as a weapon. App. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. The main restriction is the location. To keep you safe from the wrath of the law, the most important thing is to remain updated. Always be aware to stay safe in the law and avoid litigations. Your safest bet is to make sure your butterfly knife blade is not long enough to be considered illegal. 216 (H.B. Oklahoma Butterfly Knife Laws Oklahoma law also allows for legal ownership and both open and concealed carry of butterfly, or balisong, knives. In Cooks, the jury also inspected a butterfly knife and determined that the butterfly knife was a deadly weapon. 05-03- 01128-CR, 2005 WL 914369, at *1 (Tex. Spyderco, a knife manufacturer, pleaded guilty in a U.S. Federal court case for sending butterfly knives in the mail between June 2005 and January 2007, and the company was fined $75,000. It is legal for you to own a throwing knife as well as throwing stars. In this state, it is illegal to conceal carry the following knives: Dirks; Bowie knives; Switchblades; Ballistic knives; Machetes; Razors; Throwing stars; Oriental darts The other thing to consider on the legality of owning a knife is on the use. For the same reason most knives are illegal: They were portrayed as being carried by gangsters and criminals in movies. – Austin 2013, no pet.). © 2011-2019 Cody L. Cofer| Fort Worth Criminal Defense Lawyers, Fort Worth Criminal Attorneys | Criminal Attorney in Fort Worth TX, Parental Kidnapping Child Abduction in Texas, Lesser Included Offense Reckless Driving Aggravated Assault, Crimmigration Presentation at Tarrant County Bar 2016. 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