Texas Knife Laws in Brief
According to the Texas Penal Code, the most general definition of a knife is "a bladed hand instrument that is used or intended to be used for the purpose of inflicting serious bodily injury or death by cutting or stabbing another person." § 46.01(7).
Texas law breaks knives down into three categories: illegal knives, prohibited knives, and pocket knives. Texas law prohibits the manufacture, transport, possession, and use of weapons in a school, college, or university, or on certain other locations, regardless of the type of knife.
Illegal Knives
Illegal knives include switchblades, a dagger, a dirk, a spear, or any knife with a blade over five and one-half inches. A person commits an offense if the person knowingly possesses a switchblade knife. The range of punishment for this offense is a Class C misdemeanor, unless the offense occurs at or involves a prohibited place or involves the carrying of the switchblade knife by a person who is a juvenile, in which event the offense is a Class A misdemeanor. In other words , there is no minimum jail sentence. A person is entitled to bond regardless of the charge.
Illegal knives include a knife with a blade over five and one-half inches. The length is measured off the straight edge of the blade from the tip to the point of the blade. The measurement includes the length of any hilt or handle attached to the blade. The range of punishment for the performance of the offense as defined by subsection (A) by a juvenile is an offense of the highest category of a Class B misdemeanor.
Prohibited Knives
The range of punishment for a prohibited knife is a third degree felony.
Pocket Knives
The definition of a pocket knife is: "a knife with a blade not possessed, carried, or transported on a belt, in a sheath, or otherwise attached to the person." § 46.01(17). In other words, if the folding blade is larger than seven inches, you can’t fold it to make it smaller and then carry it in your pocket. If the folding blade is larger than seven inches, you can no longer claim it is a pocket knife. Keep the blade under seven inches – you’re good to go.
These laws have a political history and change frequently with each election season. Your local sheriff’s office can also help you understand the basic knife laws in your area.
Legal Knife Lengths in Texas
As a general rule, knife length is not really an issue with pocket knives. But, there are some laws in Texas that dictate maximum knife size for particular types of knives. In this article, we will explore the Texas laws regarding legal knife length.
PROHIBITED KNIVES IN TEXAS
There are 3 categories of knives that are considered illegal to carry in Texas. The penalties if convicted of a criminal offense are different, depending on the category. The laws that cover illegal knives are found in Texas Penal Code 46.01(6), 46.02 and 46.05. See below for links to our blogs on these laws. Also, keep in mind that local municipal ordinances may also ban the carrying of knives in particular locations, such as hospitals, schools, and playing fields. Be sure you know what the ordinances are in your community.
MAXIMUM KNIFE SIZE FOR KNIVES WORN IN PLAIN VIEW
The general rule for the size of a knife that you can wear in Texas in plain view without worrying about breaking the law is 5.5 inches. Under this statute, it would be unlawful to carry any knife on your body in any capacity if the blade is more than 5 ½ inches. This includes carrying a pocket knife in your pocket if the blade is longer than 5 ½ inches. It does not matter whether you intend to use the knife unlawfully. It is impossible to get a license to open carry a knife. You also cannot be issued a concealed carry license for a knife. And, you do not need any type of license to carry a knife in Texas. Therefore, the only way to avoid being arrested for the offense of unlawfully carrying a knife is to wear it in a visible non-concealed manner, say on your belt, with the blade measuring less than 5 ½ inches.
KNIVES OVER 5 ½ INCHES MUST BE OPENLY CARIED
You cannot legally carry a knife, even one that is otherwise legal under Texas law, without it being in the open, anywhere other than your dwelling place, vehicle, or watercraft. This means, for example, you cannot carry a larger knife (one with a blade longer than 5 ½ inches) inside your house or inside your car. Also, you cannot wear, or carry any other manner, a knife on your body unless it is exposed to view.
ARE KNIVES A WEAPON?
Knives, including pocket knives are not weapons under Texas law. Therefore, regardless of the context in which you carry the knife, your actions are not governed by Chapter 46 – Weapons. Instead, the wearing, carrying or use of the knife is a matter whose legality is determined under Chapter 46.02 – Unlawful Carrying of Weapons. The reason this distinction is important is because while weapons are typically allowed without restriction in dwellings and vehicles, knives over 5 ½ inches are not. This means that if you possess a knife in your house or car, and you have committed no other offense, and the police discover it, there will be no criminal consequences for you under Chapter 46.02 for possession of this knife. On the other hand, if you openly carry a knife with a blade measuring more than 5 ½ inches outside of your home, vehicle, or boat, you could potentially face arrest, and serious criminal charges.
Prohibited Knife Types and Areas
A few types of knives have a restriction based on the type of knife, regardless of the length. These include: The only knife prohibited regardless of length is the "dagger, dirk, or poniard." We wrote about dagger, dirk, poniard, and dagger earlier this year. With the changes to the possession laws, there were actually changes to the restriction on certain knives. A knife that has a blade that exceeds five and a half inches is now, in general, illegal to carry for the purpose of going to or from a place of worship. See the section below regarding places of worship. The restrictions on daggers change when they are carried in a "school or educational institution or on a passenger bus." The bill that modified the law seems to allow the legislature to expand this limitation to "a professional athletic event." A school or educational institution in Texas is defined as a public primary or secondary school, a private or independent institution of higher learning, a private or independent institution of higher education, a private secondary school that meets minimum standards of accreditation by the Texas Education Agency, or a college, university, or other private or independent institution of higher education that offers a course in which a dagger, dirk, poniard, other stabbing knife, dirk, bowie knife, or sword cane could be used. A knife of any size, regardless of type, is illegal on a passenger bus. Considering places of worship, in addition to the change to the law we mentioned earlier on the size of daggers, there was a restriction on location added to all knives. It is now illegal to possess or carry "a club, knife, or firearm" on the premises of a church, synagogue, or other established place of religious worship.
Concealed and Open Carry of Knives
In addition to the state knife law, it’s also important for Texans to note the concealment versus open carry laws for knives in Texas.
As mentioned, the limit for blade length is 5.5 inches. In general, a blade over 5.5 inches is not prohibited, but must be carried as an open carry knife. This might sound confusing so let’s break it down a bit.
First off, a knife can contain a blade shorter than 5.5 inches not only as a concealed knife, but also as an open carry knife. The distinction between the two is that if it’s concealed, restrictions apply. However, if the blade is open carry (not concealed), no restrictions apply. This means home, business, work, out in public, and while driving, the open carry knife can be carried anywhere without restriction.
For example, for any Texas knife carrying citizen, a knife such as a small dagger or pocketknife with a blade of 4.5 inches is legally allowed under Texas law. As a point of clarification , this is a "pocketknife." If you have something such as a dagger that is over 5.5 inches, it’s still legal to carry, but you would need to carry it openly. In other words, an open carry knife.
If you’re basically carrying a utility knife, pocket knife, or sword unconventional knife with a blade 5.5 inches or less for personal use while going about your daily activities, you don’t have to worry about the Texas knife law at all.
As a point of emphasis, if you’re carrying operating a vehicle legally (whether under the influence or not), you want to avoid anything outside of a dagger, dirk or a knife that folds or twists closed or that can be concealed in the closed position as mentioned above.
At the end of the day, it’s exactly as the law states: concealed and openly carried knives with blades 5.5 inches or more have no restrictions for recreational, business, or personal use. Only knives such as switchblades, dirks, and others carry restrictions.
Openly carried knives have no restrictions so bring what you like.
Penalties for Violating Knife Laws
As with all crimes, violations of knife laws come with potential punitive consequences. The kind of knife involved, and the surrounding circumstances, will dictate the severity of the penalty.
Penal Consequences
Texas law does not have a separate set of laws for people who illegally own knives as opposed to guns – illegal knives that meet certain criteria (such as a dagger, dirk, sword, or bowie knife) generally fall into the same category of illegal weapons as switchblades, brass knuckles, and handguns. It is illegal to carry these types of knives on your person, either concealed or in plain view. The same goes for butterfly knives and gravity knives, which are both considered "illegal knives" under Texas law. Carrying such a knife on your person can, therefore, result in a Class A misdemeanor. Class A misdemeanors are punishable by up to a year in jail as well as a fine reaching as high as $4,000. If you are caught carrying around such a knife in a vehicle or watercraft, the penalty is a Class C misdemeanor, which could result in a fine of up to $500, but no jail time. However, if you have a conviction on record for the Type A or C misdemeanors listed above, any future violations of the laws will be charged as a Class A misdemeanor.
Arrest Scenarios
It would make sense to assume that knife charges would be a fairly common occurrence in Texas, as the state is home to many who may own a dirk, knife, sword, or a dagger. However, because of the number of other weapons laws on the books, it’s somewhat rare to find a case prosecuted based on a violation of knife laws alone. When individuals legally carry a switchblade or another form of illegal knife onto an airplane or airport, the case usually begins as a "breach of the peace" situation. For example, a person who accidentally carries a knife into the TSA screening area is often met by TSA officers, who contact the police – who then confiscate the knife and possibly issue a citation, but don’t make an arrest. However, when dirks are hidden from view or aren’t registered in a way that connects them to the person who has them, people can find themselves in some very hot water if they are discovered to be carrying an illegal knife. If, for some reason, you were to be stopped with a knife in your back pocket and then arrested, that would likely land you in a courtroom. If you were to attempt to fight the case, this could lead to a new criminal charge for resisting an arrest – thus bringing even more problems into the mix. That’s part of the reason why it’s important to work closely with a Houston weapons violation attorney if you are found with any type of knife that is illegal to have while you’re out in public.
Texas Knife Owner Tips
When it comes to knife length laws in Texas, there are a few simple things you can do to ensure that you are following the law and remain within state regulations. Understand the Types of Knives Have a solid understanding of the different types of knives allowed under Texas law. While some knives have no blade length restrictions, others do. Know the difference between a switchblade knife and a non-threatening knife – like a pocket knife. As there are many forms of knives out there, and yet others that can easily be mistaken for a knife (such as a dagger), be sure to familiarize yourself with the different types of knives in Texas law and the respective allowed blade lengths associated with each. Know When You Can Carry Your Knife It’s important as a knife owner to know when you can carry your knife. For example, most of the banned knives in Texas are illegal to carry, but some blades, such as a bowie knife and a dirk knife, are allowed to be carried as long as the blade is less than 5.5 inches long. A knife can be carried in an open or concealed manner, or in any private or commercial establishment. You may not, however, carry any form of banned knife in most government buildings, amusement parks, daycare centers, and other public areas like airports . Understand the Legal Implications of Both Bad and Good Carriers If you were carrying a banished knife into a zoo and had to be apprehended by a Police Officer, you would be charged with a third degree felony. If caught carrying a knife that is allowed to be carried, but with a blade over the legal 5.5 inches, you can be charged with a Class C misdemeanor. It pays to be cautious and not overstep the law, so always be aware of where you are carrying your knife and the size of your knife blade. If you don’t own a knife already, consider purchasing one that is well within the legal allowed sizes and will not land you in jail. Many Types Allowed and Reliable Texas Knife Length Laws In the end, there are actually many types of knives allowed in Texas with an array of allowed lengths. Texas has a long-standing tradition of weapon ownership and every year more people are carrying knives in the state, to include women. Women and men should be aware of the legal facts, however, before making any decisions. We also recommend not only knowing the law, but knowing your specific rights as well. We hope this article has been informative in both helping you understand current Texas knife length laws, and how to stick to them.