First, the definition of an Illegal Knife in Sec. 46.01(6)(C) still includes “dagger, including but not limited to dirk, stilletto and poniard.” That has not changed. None of these type knives, dagger, etc., are defined in Texas law, but based on case law generally you should assume that a “dagger” covers any double-edged blade. This would include automatic knives with double-edged blades.
Some have suggested that you might make a case for the position that when the legislature repealed the ban on switchblades, that repeal covers any automatic knife, regardless of blade style. That is referred to technically as a “presumptive repeal” defense. However, unless you want to be a test case, spend thousands and thousands of dollars and possibly still end up in jail if you lose, that could be a very risky position to take. We do not recommend testing the law by carrying a double-edged knife.
It is also noted that Section 46.15(b)(1) provides an exception to possession of an illegal knife if a person is on their own premises. There is also Texas case law with regards to firearms that supports the notion that a person who purchased a firearm that they would have been illegal to carry, is allowed to transport that firearm from the place of purchase directly to their premises. It would seem that this case law would support that same argument regarding an otherwise illegal knife, but, this has not ever been tested in court. It certainly would be unlikely to succeed if you were found to not have transported it DIRECTLY home.
There is also an exception for use if you are “engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor’s residence, if the weapon is a type commonly used in the activity.” Note the last part of that exception. You might find it a challenge in court supporting the contention that the otherwise illegal knife was “commonly used in the activity.” Also, as with the previous paragraph, case law is clear that you cannot use this argument if you are not actually traveling directly to or from the activity.
You can find all of Texas Penal Code, Chapter 46 WEAPONS here: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm (Note that this official version doesn’t include the repeal as it is not yet the law)
Also, as noted in previous emails, Knife Law Preemption was not passed this year, so existing local laws more restrictive that state law remain in effect in places such as San Antonio.
We sincerely appreciate everyone’s support that enabled us to repeal the ban on automatic knives in Texas.
In conclusion:
We would caution all our Texas members and supporters to be careful with their newly enacted freedom to possess and carry an automatic knife. We fully intend to come back to Texas in 2015 and finish the job we started, but for now Texas law has some limitations that we strongly urge you take note of and abide by.
NOTE: Knife Rights cannot provide legal advice. Always consult with an Attorney licensed in the jurisdiction under question to get legal advice.
June 14, 2013: Texas Governor Rick Perry today signed the Texas Switchblade Ban Repeal bill, HB1862, the culmination of an aggressive lobbying effort by Knife Rights. The effective date for this law is September 1, 2013. Please note that existing local restrictions, such as in San Antonio, remain in effect!
HB1862 is the FIFTH Pro-Knife Bill Knife Rights passed this year!
HB1862 is the FOURTH Switchblade Ban Repeal Knife Rights passed this year!
Knife Rights would like to thank Representative Harold Dutton and Senator Juan “Chuy” Hinojosa for sponsoring this bill. We would also like to thank Knife Rights volunteer W. Scott Lewis for his tenacious assistance on the ground in Austin.
Thanks also to all of you who called and emailed your legislators in Austin when we asked for support. Those calls and emails make a big difference when we are on the ground lobbying in the Capitol.
May 22, 2013: Knife Rights lobbying, along with your calls and emails, pays off again as the Texas Switchblade Ban Repeal bill, HB1862, passed the Senate 31-0 in the waning hours of the legislative session. The bill now moves on to Governor Rick Perry for his signature.
Unfortunately, HB1299, which would have enacted Knife Law Preemption, was killed earlier in the session because of political infighting. As a result, care must still be taken in carrying knives in soem cities and toewn, such as Sanm Antonio. However, Knife Rights intends to pursue Knife Law Preemption again, along with further repeal of Texas knife restrictions, the next session, which for better or worse, is not until 2015.
Knife Rights would like to thank Representative Harold Dutton and Senator Juan “Chuy” Hinojosa for sponsoring this bill. We would also like to thank Knife Rights volunteer W. Scott Lewis for his tenacious assistance on the ground in Austin.
May 17, 2013: Thanks to your many calls and emails that have provided substantial support for Knife Rights Director of Legislative Affairs Todd Rathner’s lobbying efforts in Austin this week, the Knife Rights supported bill repealing the irrational ban on the possession of switchblade knives in Texas, HB1862, has been unanimously passed out of the Senate Criminal Justice Committee. Now it goes to the the full Senate for a vote.
If you live, work or recreate in Texas, please CALL and EMAIL your Senator and ask them to vote YES on HB1862.
Locate your Senator here: http://www.fyi.legis.state.tx.us/Home.aspx
When you call and email, keep it polite, short and to the point.
Simply ask the Senator to please vote Yes on HB1862.
That’s all you need to do.
May 12, 2013: HB1862, the bill to repeal the antiquated law banning the possession of switchblade knives in Texas, has yet to be scheduled for a hearing in the Senate Criminal Justice Committee. It is critical that HB1862 be heard and voted on by this Saturday, May 18th or it will die. CALL and EMAIL Chairman Sen. John Whitmire TODAY and ask him to please schedule HB1862 for a hearing and please vote YES on HB1862 before Saturday’s deadline.
Senator John Whitmire: 512-463-0115 john.whitmire@senate.state.tx.us
When you call and email, keep it polite, short and to the point. Simply ask Chairman Whitmire to please schedule the hearing and vote YES on HB1862.
May 10, 2013: The bill repealing the irrational and antiquated ban on the possession of switchblade knives in Texas that passed the House 141-1, HB1862, has moved on to the Texas Senate where it is assigned to the Senate Criminal Justice Committee. Please CALL and EMAIL each member of the committee individually and ask them to vote YES on HB1862 when it is before them.
Click on “Read More >>>>” below for Committee Member phone numbers and email addresses.
The Texas Knife Law Preemption bill, HB1299, died on the House floor last night without a vote. Scheduled last on the agenda, it was never voted on by the deadline. We are still committed to passing Knife Law Preemption in Texas. Stay tuned!
Senator John Whitmire – Chairman: 512-463-0115 john.whitmire@senate.state.tx.us
Senator Joan Huffman – Vice Chairman: 512-463-0117 joan.huffman@senate.state.tx.us
Senator John Carona: 512-463-0116 john.carona@senate.state.tx.us
Senator Juan Hinojosa: 512-63-0120 juan.hinojosa@senate.state.tx.us
Senator Dan Patrick: 512-463-0107 dan.patrick@senate.state.tx.us
Senator Jose Rodriguez: 512-463-0129 jose.rodriguez@senate.state.tx.us
Senator Charles Schwertner: 512-463-0105 charles.schwertner@senate.state.tx.us
When you call and email, keep it polite, short and to the point. Simply ask the Senator to please vote Yes on HB1862.
May 8, 2013: Thanks to all your email and calls, the Texas Knife Law Preemption bill, HB1299, has been scheduled for a vote tomorrow, Thursday, May 9th. Call your Representative TODAY and ask them to vote YES on HB1299.
Locate your Representative here: www.fyi.legis.state.tx.us
When you call and email, keep it polite, short and to the point. Simply ask the Representative to please vote YES on HB1299. That’s it, nothing more needed.
May 7, 2013: The Texas Switchblade Ban Repeal bill, HB1862, which would repeal the antiquated and irrational ban on switchblade knives in Texas, passed the Texas House by an overwhelming vote of 141-1. HB1862 now moves to the Senate for consideration.
The Calendars Committee must still vote to put HB1299, the Knife Law Preemption Bill, on the House Calender in order for the full House to vote on that bill and unfortunately the deadline for consideration is fast approaching. If HB1299 is not heard by the deadline it will die for this session.
If you have not already done so, it is CRITICAL that you contact each member of the Calendars Committee ASAP and respectfully request that they vote to place HB1299 on the House Calendar. CALL AND Email TODAY! CALLs are especially important. Get your friends and family to call as well. Send a SEPARATE EMAIL to EACH Member by Name: Dear Rep. XXXXX…
Chairman – Rep Todd Hunter: (512) 463-0672 todd.hunter@house.state.tx.us
Vice-Chairman – Rep Eddie Lucio III: (512) 463-0606 eddie.lucio_iii@house.state.tx.us
Rep Roberto Alonzo: (512) 463-0408 roberto.alonzo@house.state.tx.us
Rep Carol Alvarado: (512) 463-0732 carol.alvarado@house.state.tx.us
Rep Dan Branch: (512) 463-0367 dan.branch@house.state.tx.us
Rep Angie Chen Button: (512) 463-0486 angie.button@house.state.tx.us
Rep Byron Cook: (512) 463-0730 byron.cook@house.state.tx.us
Rep Myra Crownover: (512) 463-0582 myra.crownover@house.state.tx.us
Rep Sarah Davis: (512) 463-0389 sarah.davis@house.state.tx.us
Rep Craig Eiland: (512) 463-0502 craig.eiland@house.state.tx.us
Rep John Frullo: (512) 463-0676 john.frullo@house.state.tx.us
Rep Charlie Geren: (512) 463-0610 charlie.geren@house.state.tx.us
Rep Helen Giddings: (512) 463-0953 helen.giddings@house.state.tx.us
Rep John Kuempel: (512) 463-0602 john.kuempel@house.state.tx.us
Rep Doug Miller: (512) 463-0325 doug.miller@house.state.tx.us
When you call and email, keep it polite, short and to the point. Simply ask the Representative to please vote to place HB1299 on the House Calendar as soon as possible. That’s it, nothing more needed.
May 2, 2013: The Texas Switchblade Ban Repeal bill, HB1862, has been scheduled for a vote on the House floor on Monday, May 6th. Please CALL & EMAIL your Representative ASAP and ask them to vote YES on HB1862.
Locate your Representative here: www.fyi.legis.state.tx.us
When you call and email, keep it polite, short and to the point. Simply ask the Representative to please vote YES on HB1862. Use the SUBJECT: Vote YES on HB1862. That’s all you need to do, nothing more.
The Calendars Committee must still vote to put HB1299, the Knife Law Preemption Bill, on the House Calender in order for the full House to vote on that bill.
If you have not already done so, it is CRITICAL that you contact each member of the Calendars Committee ASAP and respectfully request that they vote to place HB1299 on the House Calendar. CALL AND Email TODAY! CALLs are especially important. Get your friends and family to call as well. Send a SEPARATE EMAIL to EACH Member by Name: Dear Rep. XXXXX…
Chairman – Rep Todd Hunter: (512) 463-0672 todd.hunter@house.state.tx.us
Vice-Chairman – Rep Eddie Lucio III: (512) 463-0606 eddie.lucio_iii@house.state.tx.us
Rep Roberto Alonzo: (512) 463-0408 roberto.alonzo@house.state.tx.us
Rep Carol Alvarado: (512) 463-0732 carol.alvarado@house.state.tx.us
Rep Dan Branch: (512) 463-0367 dan.branch@house.state.tx.us
Rep Angie Chen Button: (512) 463-0486 angie.button@house.state.tx.us
Rep Byron Cook: (512) 463-0730 byron.cook@house.state.tx.us
Rep Myra Crownover: (512) 463-0582 myra.crownover@house.state.tx.us
Rep Sarah Davis: (512) 463-0389 sarah.davis@house.state.tx.us
Rep Craig Eiland: (512) 463-0502 craig.eiland@house.state.tx.us
Rep John Frullo: (512) 463-0676 john.frullo@house.state.tx.us
Rep Charlie Geren: (512) 463-0610 charlie.geren@house.state.tx.us
Rep Helen Giddings: (512) 463-0953 helen.giddings@house.state.tx.us
Rep John Kuempel: (512) 463-0602 john.kuempel@house.state.tx.us
Rep Doug Miller: (512) 463-0325 doug.miller@house.state.tx.us
When you call and email, keep it polite, short and to the point. Simply ask the Representative to please vote to place HB1299 on the House Calendar as soon as possible. That’s it, nothing more needed.
April 24, 2013: The Texas House Committee on Urban Affairs passed HB1299, Knife Rights’ Knife Law Preemption bill, in a bipartisan 4-3 vote. HB1299 now joins HB1862, repealing the ban on switchblades, before the House Calendars Committee.The Calendars Committee must vote to put these bills on the House Calender in order for the full House to vote on the bill.
It is CRITICAL that you contact each member of the Calendars Committee ASAP and respectfully request that they vote to place both HB1299 and HB1862 on the House Calendar. Call AND Email TODAY! Send a SEPARATE EMAIL to Each Member by Name: Dear Rep. XXXXX…
Chairman – Rep Todd Hunter: (512) 463-0672 todd.hunter@house.state.tx.us
Vice-Chairman – Rep Eddie Lucio III: (512) 463-0606 eddie.lucio_iii@house.state.tx.us
Rep Roberto Alonzo: (512) 463-0408 roberto.alonzo@house.state.tx.us
Rep Carol Alvarado: (512) 463-0732 carol.alvarado@house.state.tx.us
Rep Dan Branch: (512) 463-0367 dan.branch@house.state.tx.us
Rep Angie Chen Button: (512) 463-0486 angie.button@house.state.tx.us
Rep Byron Cook: (512) 463-0730 byron.cook@house.state.tx.us
Rep Myra Crownover: (512) 463-0582 myra.crownover@house.state.tx.us
Rep Sarah Davis: (512) 463-0389 sarah.davis@house.state.tx.us
Rep Craig Eiland: (512) 463-0502 craig.eiland@house.state.tx.us
Rep John Frullo: (512) 463-0676 john.frullo@house.state.tx.us
Rep Charlie Geren: (512) 463-0610 charlie.geren@house.state.tx.us
Rep Helen Giddings: (512) 463-0953 helen.giddings@house.state.tx.us
Rep John Kuempel: (512) 463-0602 john.kuempel@house.state.tx.us
Rep Doug Miller: (512) 463-0325 doug.miller@house.state.tx.us
When you call and email, keep it polite, short and to the point. Simply ask the Representative to please vote to place both HB1299 and HB1862 on the House Calendar as soon as possible. That’s it!
April 17, 2013: Texas HB1862, the bill repealing the the ban on possession of Switchblade Knives, passed the House Committee on Criminal Jurisprudence unanimously and now moves to the House Calendars Committee. The Calendars Committee must vote to put the bill on the House Calender in order for the full House to vote on the bill.
It is CRITICAL that you contact each member of the Calendars Committee ASAP and respectfully request that they vote to place HB1862 on the House Calendar.
Chairman – Rep Todd Hunter: (512) 463-0672 todd.hunter@house.state.tx.us
Vice-Chairman – Rep Eddie Lucio III: (512) 463-0606 eddie.lucio_iii@house.state.tx.us
Rep Roberto Alonzo: (512) 463-0408 roberto.alonzo@house.state.tx.us
Rep Carol Alvarado: (512) 463-0732 carol.alvarado@house.state.tx.us
Rep Dan Branch: (512) 463-0367 dan.branch@house.state.tx.us
Rep Angie Chen Button: (512) 463-0486 angie.button@house.state.tx.us
Rep Byron Cook: (512) 463-0730 byron.cook@house.state.tx.us
Rep Myra Crownover: (512) 463-0582 myra.crownover@house.state.tx.us
Rep Sarah Davis: (512) 463-0389 sarah.davis@house.state.tx.us
Rep Craig Eiland: (512) 463-0502 craig.eiland@house.state.tx.us
Rep John Frullo: (512) 463-0676 john.frullo@house.state.tx.us
Rep Charlie Geren: (512) 463-0610 charlie.geren@house.state.tx.us
Rep Helen Giddings: (512) 463-0953 helen.giddings@house.state.tx.us
Rep John Kuempel: (512) 463-0602 john.kuempel@house.state.tx.us
Rep Doug Miller: (512) 463-0325 doug.miller@house.state.tx.us
When you call and email, keep it polite, short and to the point. Simply ask the Representative to please vote to place HB1862 on the House Calendar. That’s it!
April 7, 2013: Knife Rights lobbyist Todd Rathner testified yesterday before the Texas House Committee on Criminal Jurisprudence in support of HB1862 which would repeal the antiquated, senseless ban on the possession of switchblade (automatic) knives in Texas. The comments and questions were favorable towards the bill for the most part, now we need to encourage Chairman Herrero to move the bill to a vote.
PLEASE Call and Write Chairman Herrero and ask him to move HB1862 for a vote as soon as possible and to please vote YES on the bill.
Chairman: Rep. Abel Herrero 512-463-0462 abel.herrero@house.state.tx.us
Then, ALSO Call and Write EACH of the Committee Members TODAY and urge them to vote in favor of HB1862.
Rep. Stefani Carter 512-463-0454 stefani.carter@house.state.tx.us
Rep. Lon Burnam 512-463-0740 lon.burnam@house.state.tx.us
Rep. Terry Canales 512-463-0426 terry.canales@house.state.tx.us
Rep. Bryan Hughes 512-463-0271 bryan.hughes@house.state.tx.us
Rep. Jeff Leach 512-463-0544 jeff.leach@house.state.tx.us
Rep. Joe Moody 512-463-0728 joe.moody@house.state.tx.us
Rep. Matt Schaefer 512-463-0584 matt.schaefer@house.state.tx.us
Rep. Steve Toth 512-463-0797 steve.toth@house.state.tx.us
Whether writing or calling, all that is necessary is to simply ask them to vote in favor of HB1862. Keep it POLITE, short and to the point.
April 7, 2013: In Texas, Knife Rights supported HB1862 has been scheduled for a hearing this Tuesday, April 9, before the Texas House Committee on Criminal Jurisprudence. HB1862, sponsored by Representative Harold Dutton Jr., will repeal the antiquated, senseless ban on the possession of switchblade (automatic) knives in Texas. Knife Rights lobbyist Todd Rathner is on his way to Austin to testify on this important bill and he needs YOUR help!
If you live, work or travel in Texas, PLEASE Call and Write EACH of the Committee Members TODAY and urge them to vote in favor of HB1862.
Click Read More >>>> for phone numbers and email links for all the committee members
Chairman: Rep. Abel Herrero 512-463-0462 abel.herrero@house.state.tx.us
Rep. Stefani Carter 512-463-0454 stefani.carter@house.state.tx.us
Rep. Lon Burnam 512-463-0740 lon.burnam@house.state.tx.us
Rep. Terry Canales 512-463-0426 terry.canales@house.state.tx.us
Rep. Bryan Hughes 512-463-0271 bryan.hughes@house.state.tx.us
Rep. Jeff Leach 512-463-0544 jeff.leach@house.state.tx.us
Rep. Joe Moody 512-463-0728 joe.moody@house.state.tx.us
Rep. Matt Schaefer 512-463-0584 matt.schaefer@house.state.tx.us
Rep. Steve Toth 512-463-0797 steve.toth@house.state.tx.us
Whether writing or calling, all that is necessary is to simply ask them to vote in favor of HB1862. Keep it POLITE, short and to the point.
March 15, 2013: Knife Rights Director of Legislative Affairs Todd Rathner lobbied and testified in support of House Bill HB1299 this week in Austin, Texas. HB1299, sponsored by Representative Jonathan Stickland, would enact Knife Law Preemption in Texas. Write or Call the committee members today and urge them to recommend passage of HB1299. Click here for links to the Committee members.
While in Austin, Todd also worked on HB1862, which would repeal the irrational and antiquated Texas ban on switchblades. HB1862 is sponsored by Rep. Harold V. Dutton, Jr., who Chairs the Urban Affairs Committee that heard HB1299. That bill has been assigned to the Criminal Jurisprudence Committee, but has not yet been calendared for a hearing. You can help by Writing or Calling Criminal Jurisprudence Committee Chairman Rep. Abel Herrero and ask him to schedule a hearing on HB1862.
When you write or call, just keep it short and simple, as noted above.
Questions from the Urban Affairs Committee Chairman and members revealed just how confusing Texas knife laws really are and the difficulty citizens have of knowing if their knife is legal in any particular place. During testimony the committee asked about blade lengths, operating and locking mechanisms, knife nomenclature and types while trying to determine for themselves what knives are legal and illegal to possess in Texas or in a particular city or town in Texas.
The questions and confusion clearly demonstrated the need for this Knife Law Preemption bill that would ensure citizens could expect consistent enforcement of state knife laws everywhere in the state. HB1299 would prevent the creation of, and eliminates the existing patchwork of local ordinances and laws more restrictive than state law which only serve to confuse or entrap those traveling within or through the state
Given the line of questioning and responses we are hopeful HB1299 will make it through the Urban Affairs Committee onto the next step. If you live, work or travel in Texas, please contact the Committee members TODAY and urge them to recommend passage of HB1299. Click here for links to the Committee members.
March 12, 2013: Knife Rights Director of Legislative Affairs, Todd Rathner, will be in Austin, Texas, on Wednesday to testify in support of House Bill HB1299 that would enact Knife Law Preemption. Sponsored by Representative Jonathan Stickland, this bill was inspired by Knife Rights preemption bills that have successfully passed in in Arizona, Utah, New Hampshire and Georgia. Write or Call the committee members today and urge them to recommend passage of HB1299.
Preemption ensures citizens can expect consistent enforcement of state knife laws everywhere in a state. Preemption prevents the creation of, or eliminates, a patchwork of local ordinances and laws more restrictive than state law which serve to confuse or entrap those traveling within or through the state.
It is worth noting that the Chairman of the Urban Affairs Committee that is hearing HB1299, Rep. Harold V. Dutton, Jr., is the sponsor of House Bill HB1862 which would repeal the irrational and antiquated Texas ban on switchblades. That bill has been assigned to the Criminal Jurisprudence Committee, but has not yet be calendared for a hearing.
If you live, work or travel in Texas, please contact the Committee members and ask them to recommend passage of HB1299. Click here for links to the Committee members.
Whether writing or calling, all that is necessary is to simply ask them to vote in favor of HB1299. Keep it short and to the point.
