Texas Knife Laws
The laws governing the possession and carrying of knives of a deadly weapon in Texas has changed significantly over the years. While certain rules have been in place for decades, others have changed relatively recently. Some changes have resulted from legislative action while others have been determined by the courts.
In addition to Texas law, certain local jurisdictions have also enacted regulations pertaining to the types and lengths of blades that may be carried openly and concealed on person or in vehicles. Local ordinances have only limited applicability, but it is possible to run afoul of an ordinance that is not common knowledge when you are stopped for not breaking any state laws. As a result, these local ordinances and rules will also be considered.
Identity and definition of knives are provided by the Penal Code, Title I, Chapter 1, Section 46.01(7). There are also definitions for switch blades (Sec. 46.01(3)) and daggers (46.01(5)). Certain types or styles of knives have also been defined by the courts. For example, as a result of Court of Appeals decisions, knives have also been defined as swords or sabers (Court of Appeals of Texas, Fort Worth, June 23, 2005, No . 2-04-00453-CR), a sword styled as a "knife" (Appellate Court of Texas, Third District, at Austin, No. 3-92-310-CR, August 9, 1991), a hand dagger (Court of Appeals of Texas, Houston [14th Court of Appeals], September 29, 1994, No. 14-93-574-CR), a belt knife (Court of Appeals of Texas, San Antonio, October 22, 1997, No. 04-96-00785-CR), a bowie knife (Court of Appeals of Texas, El Paso, March 14, 2001, No. 08-00-00148-CR), a dirk (Court of Appeals of Texas, Eastland, August 2, 2018, No. 11-17-00102-CR) and a bowie knife (Court of Appeals of Texas, Waco, February 17, 1994, No. 10-93-253-CR).
Chapter 46 of the Texas Penal Code covers prohibited weapons. More specifically, Section 46.05 makes it illegal to carry certain knives and swords. A list of prohibited weapons may be found in Section 46.05(b).
According to the 86th Legislature (2019), two Texas statutes prohibit the illegal transfer of knives on the premises of correctional facilities and the military (Texas Penal Code 38.11 and 43.20). Violations of these statutes can result in criminal prosecution.
No legislation enacted during the 87th Texas Legislature that took effect September 1, 2021, made significant changes to the governing law on the possession or transfer of knives within the state.
Knife Blade Length Legalities in Texas
In regards to a knife blade length, a knife is either prohibited or not prohibited. However, the Texas criminal law does not prohibit all knives, just a few very specific types or knife blade lengths.
First, any knife that has a blade length of longer than 5 ½ inches becomes a prohibited weapon. And further to that, any knife with a knife blade length of 5 ½ inches or longer that is specifically designed to be used as a weapon becomes a prohibited weapon, regardless of where you carry it in Texas.
Second, dirk, dagger, or "hunting knife" for purposes of this law includes a stabbing knife, double-edged sword, or a dagger. A "hunting knife" would include, but is not limited to, any knife that has a pointed blade and a blade length longer than 5 ½ inches.
Third, just because a knife has a blade of longer than 5 ½ inches does not automatically make it a prohibited weapon, in Texas, unless it is designed to be used as a weapon. For example, a baseball bat or a broomstick is not considered a prohibited weapon in Texas because they are not designed to be used as weapons.
Moreover, a knife begins from the point where the sharpened edge begins. As a result, the sharpened edged would start at the piercing point on the end of the blade, but would not begin in measurement on the hilt or "handle."
However, you have to be careful because a folding knife (or a knife with a foldable blade) in a closed position where the blade is entirely "hidden" inside the hilt may be measured to the hilt itself. This is important because if the closed knife (where the blade is completely hidden in the handle) exceeds 5 ½ inches, you may be arrested for carrying a prohibited weapon under Texas law.
Knife Types Covered by Knife Blade Length Laws
As is true in many states – including Texas – knives are classified into different categories. Some of these categories are not affected by blade length laws, and others are. In Texas, for example, daggers, sword canes, stilettos, kopiss, and other double-edged swords or spears with blades over five and a half inches are illegal to carry, regardless of whether the weapons can be used as a knife or not. Even large knives without cutting edges, like the infamous ice-pick-type knives, are not subject to blade length restrictions. Moreover, knives that are completely concealed (like stilettos in the shape of a belt buckle) are considered legal, even if their blades are longer than the maximum allowable length for open or concealed carry.
Unsurprisingly, there are other exemptions from the five and a half inch rule. These include: daggers, including bowie knives, which are classified as "daggers or spear heads," dirks, and stilettos (which is considered a type of dagger), hand blades with a blade of five and a half inches or less, and spears with a blade of five and a half inches or less. Knives that cannot be opened with one hand are also excluded, not because there is anything inherently illegal about knives that can be opened with one hand but because almost every knife imaginable can be opened with one hand.
Penalties for Breaching Knife Laws
You may be issued citations or charged with a Class C misdemeanor for carrying a knife that is more than 5.5 inches in length. This generally results in a fine of anywhere from $25 up to $500. A Class B misdemeanor is a fine of at least $500 and up to $4,000 and/or confinement in jail for a period of twenty days up to six months. There are also a few criminal defenses you may consider. A good lawyer may show that you were not knowingly in possession of the knife in question, or that you are a peace officer carrying a knife for you duties. Devise legal defenses and present yourself properly in court. If you understand the law and can properly represent yourself, you may be able to avoid fines or other penalties.
Knife Blade Length Measurement Guidelines
Measuring your knife blade length correctly is important for remaining compliant with Texas weapon laws, and is quite simple to do. Simply measure the edge of the blade that is used for cutting, from tip to where the edge meets the handle. Do not measure the entire object , and do not include any decorative or sharpened point at the tip of the blade. It is important that you are honest and accurate in your measurement, as if the state were to allege a violation of law you will need to establish that your measurement is accurate and therefore that you were not in violation.
Texas Knife Laws Updates
Since September of 2015, the Texas Penal Code Section that defines the crimes related to knives was repealed and replaced by Senate Bill 273 (the Knife Law Bill), which officially went into effect on January 1, 2016. And that bill changed a lot when it comes to the laws surrounding knives in Texas.
In truth, the Knife Law Bill removed virtually all legal restrictions on the ownership and carrying of blades in the state of Texas. What used to be considered a "dagger," a "bowie knife," and other weapons that required special permits to carry in Texas, were now just named "knives" and no longer subject to restrictions on their carry or ownership. In fact, there are only four categories of blades that remain banned in Texas after the Knife Law Bill.
That being said, the Knife Law Bill changed more than just the legal categories of prohibited blades in the State of Texas, it also reduced penalties for certain offenses such as the possession of a prohibited blade and the carrying of a concealed knife. A second degree felony charge with a possible 20-year prison sentence and a fine of up to $10,000, became a Class C misdemeanor with a fine of no more than $500.
Knife owners in Texas face fewer legal ramifications for a lot of the actions that previously had harsher penalties, and can now carry knives openly, hidden in their pockets, or concealed in a belt sheath legally.
Legally Transport Knives in Texas
Considerations for Legally Transporting Knives in Texas
In addition to the knife blade length, transporting knives as defined in Texas Penal Code Section 46.02 is a separate offense with a separate set of rules. For purposes of Texas Penal Code Section 46.02, it does not matter how long the blade is – you can possess any length of knife, sword, dagger, dirk, or spear provided that certain conditions are met. First, the knife must not be on the "location-restricted knife" list from Texas Penal Code Section 46.15: 1. Pen. 2. any illegal knife 3. the knife has a blade over 5.5 inches; 4. the knife is hand instrument designed, made, or adapted for the purpose of inflicting death or serious injury by cutting or stabbing another by having a blade: a. 4 inches or more in length b. khukri c. ballistique knife d. Bowie knife e. machete f. sword or sabre g. spear or stick h. stilettos i. double-edged non-folding pen knife . . . a. any knife listed in this section is illegal regardless of the blade length and regardless of whether it is a prohibited weapon b. a knife that originally had a blade of less than 5.5 inches may have a blade of any length provided that it is not concealed. c. the statute applies to transport of knives in a vehicle or on the person The Texas Penal Code even further permits the transport of prohibited knives in certain, specific ways: Texas Penal Code Section 46.15 provides: a. A person who carries a knife in a vehicle or while riding in or on a school bus or other motor vehicle that is owned or operated by a school district commits an offense if any part of his body is outside of any part of the vehicle The exception is not applicable if a. the person is not a weapon-carrying member of the school’s faculty or board; b. the person is not authorized by the school to carry a weapon; or , c. the person is not a student enrolled in the school. The statute even has a very specific exception for blades over 5.5 inches that are taken to a sporting event (not a sporting event at a school): (a) A person commits an offense if the person carries a club, offensive weapon, illegal knife, or firearm on or about his person in a school or on the premises of any other institution of higher education. (b) It is a defense to prosecution under this section that: Texas Penal Code Section 46.03 considers an "offense related to transport." This section is not discussed much in Customs and Border Protection’s "CBP Publication No. 21-13 – Guide to Penalties for weapons and ammunition." However, Section 46.03 is relevant to the transport of knives. Potentially relevant here is Texas Penal Code Section 46.05. Texas Penal Code Section 46.05 considers unlawful carrying of a weapon by a license holder as an offense. A license holder commits an offense under this section if the license holder: When considering transport of a knife, you should also consider what you keep in your pocket. Texas Penal Code Section 46.13 is a good way to consider this issue. Certain knives, like pen knives, switch knives, automatic knives, and other types of knives are excepted from the offenses that could be considered as having a "deadly weapon." When traveling through Texas, consider whether or not you are "traveling" or simply "leaving" from one location and "arriving" at a different location.