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12-22-2012, 06:06 PM
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Question on a fixed blade knife in Texas.
I got an early Christmas present...another KABAR! This is the small version of the Marine Corps Combat Knife that I swear by. The blade is partially serrated and is 5 and 1/4 inches from tip to handle. I know the limit is 5 1/2 inches in Texas.
I would like to know if this would be legal to carry for everyday use or would it be considered a Bowie knife and as such, illegal to do so.
Any answers before I start carrying it?
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12-22-2012, 07:14 PM
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Note; this is just my opinion;
I live in The Great State of Texas and my understanding is that the bowie knife issue relates to the top of the blade being somewhat 'sharpened' which, I think, makes it a 'dagger'. So I'd say it depends on how 'dull' the 'top' of the blade is.
Boot knives, like the S&W HRT, are dull on the 'top' side and are therefore legal. If it's sharpened on both sides, then it's a dagger. I offloaded an old Gerber survival knife because it was razor sharp on both sides - and therefore illegal.
You are correct; Texas law makes no distinction between a fixed, folding, or lockblade knife.
Oh, be careful - lockblades and fixed blades are illegal to carry in San Antonio.
I've copied this link:
PENAL CODE CHAPTER 46. WEAPONS
That's my 2 cents anyway.
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12-22-2012, 08:16 PM
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Locked and fixed blade knives are illegal to carry in San Antonio. I lived in SA for 28 years and never saw the law enforced, except wth gang bangers and criminal types. If you are a law abiding citizen, going about your business and not giving the cops and problem or lipping off to them you would probably be OK. There are just to many people walking around with Buck lock blade hunting knifes in a sheath on their belt. Some of the pistol matches I used to go to, about half the shooters had a lock blade on their belt and a large number of the shooters were either cops or deputy sheriffs. No one ever said anything. Dispite, all this, your milage might vary. My personal experience with SA cops and Bexar County Deputys has been that if you are polite and respectful to them, they will not give you a hard time, although they might still give you a traffic ticket.
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12-23-2012, 03:31 AM
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US Veteran Absent Comrade
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I wouldn't carry a Ka-Bar, as it surely fits the definition of a Bowie, at least as knife scholars know it. The sharpened clip or false edge makes it so.
But I hesitate to carry even the Fallkniven S-1, on whch the "false edge" is NOT sharp. I'd take mine hunting, but not wear it in town.
I've actually given some thought to what is least likely to upset a cop and still be a useful defense knife. I decided on a Buck Model 105 Pathfnder. A Puma Outdoor model and their smaller Hunter's Pal should also work. The blade shapes, esp. of the Buck, simply do not fit the profile for a Bowie, dirk, dagger, poniard, or stiletto.
But any sheath knife not being worn by maybe a construction worker raises eyebrows if seen on a belt. I might stick a Pathfinder in my briefcase or glovebox, but not wear it, unless under a long winter coat. Is it then a concealed weapon? I hope not, as it isn't a prohibited weapon in the first place.
Hunters and campers or anglers have more leeway, as it seems reasonable to the public that they'd wear a sheath knife.
I'd not wear my longer knives or Bowie types unless on private land. BTW, I know a young guy who was arrested for having a fillet knife in his tackle box. But he got smart with some cops at a lake and was driving around wildly in his car, racing. They were just looking for anything they could bust him for. I think a judge fined him for the knife, a Rapala with about a seven-inch blade. Don't recall if the knife was also confiscated.
Keep in mind that my definitions of a Bowie, etc. are the classical ones used by authorities on edged weapons. I was a widely published knife writer for 30 years, and have books on arms and armor and know the terms.
But a LEGAL definition of a "dagger" may differ from the classic one, in some states . It wouldn't surprise me if some court has held that almost ANY sheath knife is legally a "dagger." A good lawyer may influence the outcome of a case. But it's best to avoid being charged at all, avoiding legal fees and risk of how the case may turn out.
Unfortunately, most cops don't know the law on knives exceedingly well, so you just have to hope that you don't run afoul of one who'd file a knife charge on a respectable looking man who wasn't otherwise in trouble. Personally, I've never seen a cop give a folding knife a second glance, although men wear them in obvious floral carved belt pouches or stuck in pockets on a spring clip. I pefer a discreet black cordura pouch that many mistake for a cell phone. It avoids having anyone ask about my Benchmade or Puma folders. I no longer carry my Gerber Applegate-Fairbairn folders off my property, as the potential for a "dagger" discussion is there, although the false edges are not sharp.
Last edited by Texas Star; 12-23-2012 at 03:36 AM.
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12-23-2012, 11:31 AM
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THANKS! I appreciate the info.
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