Author Topic: Texas Knife carry laws  (Read 2238 times)

Lflores30

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Texas Knife carry laws
« on: January 24, 2017, 11:44:48 PM »
In my LTC class the instructor told us that once you have your license to carry, if you are carrying your gun and have your license, then the knife laws do not apply. I was wondering if this is accurate or I misheard him? Furthermore, are switchblades legal in Texas (Austin).

TexasLawShield

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Re: Texas Knife carry laws
« Reply #1 on: January 26, 2017, 04:29:44 PM »
Lflores30,

Your question is common and presents a problem of statutory interpretation. In a statutory interpretation case there are generally two ways in which you can interpret a statute. Under the black letter law method, Texas Penal Code Section 46.15 would suggest that if a person is carrying a concealed handgun and a valid license, then they do not have to comply with 46.02 and can carry clubs, illegal knives, as well as handguns openly in a vehicle without having to comply with the holster requirement. The second way to read the statue is what the courts refer to as the “plain meaning” interpretation. The plain meaning of 46.15 would lean more towards an interpretation that only applies to the handgun restriction in 46.02. That being said, until a court chooses an interpretation, this would be a grey area in the law and a person with a concealed handgun, a valid license, and a sword, who was stopped walking down the street, would at least be able to argue for the black letter law interpretation. Please note that we do not suggest testing this out.
Switchblades are no longer classified as illegal knives under Texas Penal Code Section 46.01.