I Have Been Reading Tx Penal Code,title 10 Sec46.01 And Ran Across Something Very Enteresting On Two Counts! It Seems That A Blackpowder Replica Is Not Considered A Firearm In Texas And A Single Edge Sheath Knife Under Five And A Half Inches Is Legal To Carry.do I Have To Have To Wear My Five Inch On My Belt, Or Can I Just Stick It Somewhere Handy And Out Of Sight Of Prying Eyes And Still Be Legal? Also,can I Carry My 1860 Colt Snub-nose .44 Leagly? I Know I Only Have 5 Shots,but I Have Ben Shooting Guns For 45 Years And Don,t Miss Atcombat Range....any Input Would Would Be Welcome! Capt.jack
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Packin Legal In Texas
- Thread starter CAPT.JACK
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My understanding is that your 5 1/2" or less blades can be worn legally in the state, but that they must be worn openly, but I'm not sure. There is a website entitled "knife laws of the 50 states" that should have the answers about wearing it openly. Click on state of Texas. Just because its legal doesn't mean people will not think your wierd for carrying a sheath knife. No one seems to mind much with pocket knives or folders carried in sheath, but carry a fixed blade in a sheath and you draw attention to yourself.
Unsure about black powder carry in the state. Will be interested to see what others say.
Unsure about black powder carry in the state. Will be interested to see what others say.
Drizzt
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As far as the pistol is concerned, wouldn't it be easier to just get a CHL, then carry whatever you like?
As far as the replica is concerned, if you don't have a CHL, you will probably be cuffed and stuffed. You may find yourself trying to convince a jury that your replica is really a replica. You may also find yourself trying to convince a jury that your 5" knife isn't a Bowie knife.
My first attempt at pasting, from "knife laws of the 50 States"
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
guard].
- 46.01. Definitions. (1) "Club"... includes... (D)
Tomahawk...
(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
being thrown;
(C) dagger, including but not limited to a dirk, stiletto,
and poniard;
(D) sword; or
(E) spear.
(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
airport].
- 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
consent].
Texas Case Law:
- "A teacher could not carry weapons in his school room..."
(1889)
- 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)
http://www.knife-expert.com
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
guard].
- 46.01. Definitions. (1) "Club"... includes... (D)
Tomahawk...
(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
being thrown;
(C) dagger, including but not limited to a dirk, stiletto,
and poniard;
(D) sword; or
(E) spear.
(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
airport].
- 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
consent].
Texas Case Law:
- "A teacher could not carry weapons in his school room..."
(1889)
- 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)
http://www.knife-expert.com
By my admittedly liberal reading of Texas law, a "Bowie" type knife refers to a knife with a sharpened swedge, thus making it practically a double-edged blade.
Carrying concealed is OK. I would limit the knife to about 5 inches to avoid arguments over tape measures.
Nobody is going to look twice at a sheath knife in the country (as long as you look like a good ol boy), but I would stick to folders in Dallas, Houston, etc.
BP revolvers may not be considered "firearms" for purposes of commerce, but they are definitely considered "handguns" for carry purposes. It is NOT legal to carry without a CHL.
Carrying concealed is OK. I would limit the knife to about 5 inches to avoid arguments over tape measures.
Nobody is going to look twice at a sheath knife in the country (as long as you look like a good ol boy), but I would stick to folders in Dallas, Houston, etc.
BP revolvers may not be considered "firearms" for purposes of commerce, but they are definitely considered "handguns" for carry purposes. It is NOT legal to carry without a CHL.
BP revolvers may not be considered "firearms" for purposes of commerce, but they are definitely considered "handguns" for carry purposes.
Please justify this statement with references to the Texas Penal Code. How about handguns manufactured prior to 1899?
Hmmm the penal code has very odd language:
In any case, I would not bet on a cop or a judge interpreting the law to say that it's OK for someone without a CHL to CC a BP revolver.
This would seem to imply that to avoid the label "firearm" it must be a antique or curio manufactured before 1899 or a replica thereof that does not use rimfire or centerfire ammunition and has "as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter"???(3) "Firearm" means any device designed, made, or
adapted to expel a projectile through a barrel by using the energy
generated by an explosion or burning substance or any device
readily convertible to that use. Firearm does not include a firearm
that may have, as an integral part, a folding knife blade or other
characteristics of weapons made illegal by this chapter and that
is:
(A) an antique or curio firearm manufactured
before 1899; or
(B) a replica of an antique or curio firearm
manufactured before 1899, but only if the replica does not use rim
fire or center fire ammunition.
In any case, I would not bet on a cop or a judge interpreting the law to say that it's OK for someone without a CHL to CC a BP revolver.
This would seem to imply that to avoid the label "firearm" it must be a antique or curio manufactured before 1899 or a replica thereof that does not use rimfire or centerfire ammunition and has "as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter"???
Not required to have a folding knife blade, etc., just allowed. If it was required the law would say "must have" instead of "may have".
In any case, I would not bet on a cop or a judge interpreting the law to say that it's OK for someone without a CHL to CC a BP revolver.
I know of one guy who carries a pre-1899 handgun with a copy of the factory letter. He keeps the original factory letter in a safe deposit box.
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