Texas & U.S. Law Shield Forum

Uncategorized Boards => Ask the Lawyers => Topic started by: Jaycee on August 08, 2017, 05:28:24 PM

Title: Sword Canes, switch blades and new Texas knife law
Post by: Jaycee on August 08, 2017, 05:28:24 PM
When the new Texas knife law takes effect on September 1 will sword canes (over 5 1/2 ") or switch blades be legal to carry?

Thanks,

Jaycee
Title: Re: Sword Canes, switch blades and new Texas knife law
Post by: paul on August 08, 2017, 08:51:17 PM
yes some place off limits
Title: Re: Sword Canes, switch blades and new Texas knife law
Post by: Jaycee on August 08, 2017, 10:51:05 PM
Do you know what is off limits? 
Title: Re: Sword Canes, switch blades and new Texas knife law
Post by: paul on August 10, 2017, 05:49:07 PM
don't Know all but church's bar's Schools police department, funny farm ( sorry not political correct )
Title: Re: Sword Canes, switch blades and new Texas knife law
Post by: TexasLawShield on August 11, 2017, 01:24:16 PM
Jaycee,

Under current Texas law, switchblades which are not double-edged and have a blade less than 5 ˝ inches are legal to carry. Under the new Texas knife law, sword canes will also become legal to carry.

The new Texas knife law removes the term “illegal knife” from TPC § 46.01(6) and eliminates all classifications related to knives. The replacement term is “location restricted knife.” A location restricted knife is any knife having a blade over 5 ˝ inches long from the guard to the tip, regardless of its prior classification.

Under the statute, a location restricted knife is legal to carry anywhere but those locations specified in TPC § 46.03. The new law also outlines additional places a location restricted knife cannot be carried in § 46.03(a-1). These places include: 51% businesses, high school, collegiate, professional sporting events or interscholastic events, correctional facilities, hospitals, nursing facilities, mental hospitals, amusement parks, and places of religious worship. Further, owners of private property are entitled to prohibit carry of location restricted knives on their property without giving any notice of the prohibition. In other words, there is no § 30.06 or § 30.07 equivalent for location restricted knives.

The offense for taking a location restricted knife into the premises of a school or educational institution is a 3rd degree felony. The offense for taking a location restricted knife into any other prohibited place is a Class C misdemeanor.

Finally, the bill also creates TPC § 46.02(a-4) which prohibits an individual under the age of 18 from carrying a location restricted knife except on his or her own property, his or her motor vehicle or watercraft, or under the direct supervision of a parent or legal guardian.

If you have more specific questions, please feel free to each out to your independent program attorneys through phone or email.
Title: Re: Sword Canes, switch blades and new Texas knife law
Post by: Jaycee on August 11, 2017, 10:10:21 PM
Thanks a lot.  Being disabled a switchblade and a sword cane really do matter to me.