Knife Length Legality in Texas
Generally speaking, based on the changes that came into effect September 1, 2017, there is no blade length limit as far as the possession of knives in Texas. In other words, there is no maximum knife blade length requirement to adhere to in order to legally own a knife.
One exception to this law concerns so-called location restricted knives. Location restricted knives are defined as razor-type blades, bowie knives, dirks, or daggers. It is prohibited to intentionally or knowingly use or exhibit a location-restricted knife in plain view of the public, except as allowed by law, in locations such as at a school or at a polling place on election day or during early voting .
However, with the new law, an exception to this law has come about. This is due to the new law, as a carrying of a location restricted knife under the new law would be a Class C misdemeanor (penal code 46.03) unless it was in plain view and met the criteria further described below. Under new amended statutory law, there are three ways you can carry a bowie knife or other "location restricted knife" legally:
A "location restricted knife" is already defined as a knife that has a blade of 5.5 inches or greater. As such, to remain on the right side of the law, any knife that is greater than 5.5 inches must comply with one of the above exceptions.
Brief History of Knife Laws in Texas
As knife ownership became more widespread with the increases in population in the late 19th and early 20th century, Texas did eventually move to legislate their use. Just after the turn of the century, on April 25, 1917, the Texas Legislature enacted C. S. S. B. 78, a bill passed as part of the pocket subdivision of the Penal Code of 1925. An early knife regulation explicitly targeted blade length: "a knife or dagger which has a keen and sharp cutting edge and point, and which is greater than five and one-half inches in length." With the growth of Houston’s industrial base during World War I, this legislation became especially relevant to the booming metropolis.
The regulatory trend continued, and in 1951, they became applicable to all "swords or daggers." It’s not clear what this would have meant for swordsmen, or just how they carried swords at the time, though there may be Roman historical precedent for such a situational predicament. Luckily the law avoided sword users by exempting their bladed weaponry under the defense of property provision. However, the law did not grant automatic immunity from prosecution to owners of these weapons, who still had to demonstrate that they met legislative criteria for "sword" ownership. Ultimately, in 1995 the legislature amended the law to target switchblades, varying from the definitions of knives generally, and knives specifically, in accordance with Supreme Court jurisprudence. As of 2021, switchblades are still defined as "Any knife which has a blade that folds or telescopes into the handle" and who also employ a mechanism to "open the blade automatically in an unguarded manner?" This definition remains constant without any exception for length. Henceforth, the exceptions for length were implied to be applicable to knives broadly.
In 1993, a large segmentation of the statute dictating the rights of merchant sailors was repealed. This included the adoption of common sense provisions, including the exemption of knives and other cutting instruments "when carried for personal, household or other uses." That said, pocket knives remained banned while concealed, while still being legally permitted in cases.
A ban on knives with blades greater than five and one half inches in length was ultimately upheld by the Texas Court of Criminal Appeals in 1997, in Sandoval v. State, 21 S.W.3d 218. The Court reasoned that the weapon had a high degree of potential danger, to both its user and others, and thus constituted a deadly weapon. Interestingly, the Court held in 1975 that a knife with a blade less than five inches in length was not inherently dangerous. And so the five inch marker was erased.
In 2011, the Office of the Governor issued a report on knife rights in Texas, documenting the 2011 session of the 82nd Legislature, which repealed the knife right banning knives from school grounds, teaching the legislature a lesson in the separation of good schools and knife rights: "If the people of Texas could just have one life lesson taught to state legislators, anti-bullying and knives don’t mix, the confusion of overall safety risks might be reduced."
Knife Laws in Texas vs. Other States
When comparing Texas knife laws to the knife laws of other states, there are some notable differences, most of which are favorable for knife owners. The first thing to note is that Texas knife laws apply to knives of all sizes, including those less than five and a half inches. Many states place size limitations only on knives twelve inches or more.
An exception to this rule applies to blade daggers and dirks, which are prohibited in some states. A dagger or dirk is simply a long knife. Texas law does not prohibit any type of knives. Knives are illegal only if they are illegal knives.
Another major difference is the use of knives for self-defense. Most states do not allow you to use knives for self-defense. Texas law, on the other hand, is friendly toward knife owners and allows knife owners to use knives for self-defense, as long as the property or personal safety is at risk and force is necessary.
Knives do not have blade length requirements. Even small knives can be illegal if they are used with the intent to harm someone or property. Similarly, the concealed carry of knives is illegal if you plan to use it to commit a crime, but otherwise has no blade length requirement.
Reciprocity laws also differ. Texas will only honor concealed carry permits from other states that do not have a knife length restriction, which is a common law in several states.
Punishments for Knives Over the Legal Length
The consequences of carrying a knife with a blade length that exceeds what is allowed in the state of Texas are pretty severe. To be more specific, if your knife has a blade that exceeds 5 ½ inches, then you are at risk of violating Texas law. Should you be caught carrying this type of blade, then the offense may be categorized as a class A misdemeanor. Moreover, the first conviction of this sort may include jail time and a fine. Additional offenses may be categorized as a felony of the third degree, which means that individuals would be looking at a possibility of up to ten years of imprisonment, as well as a fine. As noted in Texas Penal Code § 46.02 (a): In general, a person commits an offense if the person intentionally, knowingly , or recklessly carries on or about his or her person a handgun, illegal knife, or club. A conviction for first degree felony illegal knife convictions are punishable by life in prison; second degree felonies – 2-20 years in prison; state jail felonies – 180 days to two years of confinement in jail; and class A misdemeanors – up to one year in jail or a fine. Among the most common defenses in illegal knife charges involve proving that an individual was not in possession of a non-compliant knife, the knife did not exceed the length in question, and that the knife was not carried for an illegal purpose. Furthermore, the prosecutor must prove that the defendant was either knowingly, intentionally, or recklessly carrying a knife with a blade exceeding five and a half inches in length.
Knife Legal Length and Practical Tips
- Own a tape measure or ruler: This is how you can ensure that the blade of your knife is less than 5.5. inches. A tape measure is better as it is flexible, however, a standard school ruler will also do. If your knife is larger than that, it cannot be carried concealable in a public road or place, which would include your vehicle.
- If you carry a knife that is larger than 5.5 inches and are questioned by police about it, it is best not to speculate or guess about the legality of your knife possession. Stay calm and simply explain your understanding of the law. Do not argue with the police. They have most likely encountered someone like you before and they know the law. Respect goes a long way with all occupations.
- If you carry a knife in Texas, and you forget the size or sharpen your knife improperly, it is within your interest to get an authorization form from your local Police department. Once that is obtained, carry a copy with you and your ruling will be understood when questioned.
- Keep your knife in its sheath: If your knife is sheathed (or holstered, or scabbarded) there is a good chance that what you’re doing is legal . Do not brandish your knife or display it in a threatening manner. Although it may appear obvious, don’t threaten people with your knife. Do you need to ensure your own safety if someone threatens you, or self-defense could be claimed if someone threatens you with their knife.
- Know your rights under the current constitutional carry laws. If you have a concealed handgun permit (CHL), you can comfortably know that carrying a knife is safe without a permit. Remember however that "best practices" are not the same as legal, and you need to check local ordinances as state laws differ from county laws.
- Carry more than one knife: This comes down to personal choice, but if you are carrying more than one knife, if one is a utility knife, like a pocket knife, the other knife can be concealed and worn legally.
- Always consider obtaining a knife permit if you are a frequent traveler. For knife collectors, frequenting knife shows, or using knives on a daily basis, it is a good idea to get a permit, just to be cautious. We recommend contacting a lawyer to help you navigate your application to ensure you don’t have any unexpected surprises.