Are Switchblades Legal in Texas (Updated 2023) - Martinez Law (2024)

Are Switchblades Legal in Texas (Updated 2023) - Martinez Law (1)

Switchblade knives are legal to carry, use, and manufacture in Texas as of Sept. 1, 2020. Since the 1950s, it has been illegal to own or use a switchblade knife in the state of Texas. Carrying or using one of these knives has always been considered a Class A misdemeanor. Individuals could be punished with a fine of up to $4,000 and confiscation of the weapon. They could also be given one year in county jail.

Per the new laws passed in Texas this past September, the knives are no longer illegal. Moreover, individuals cannot be penalized for using them. Individuals also can’t be penalized for making a switchblade, repairing a switchblade, selling a switchblade, or repairing a switchblade. Previously all of these actions were illegal. This law is covered in HB 1862.

Are Switchblades Legal in Texas?

In the State of Texas, it is completely legal to sell, repair, transport, and possess switchblades.

In 2017, Texas removed the category of “illegal knives” from House Bill 1935, thereby making it legal to possess and carry switchblades and other types of knives. However, they did create a new list of restricted areas where it is illegal to possess a knife, such as on university campuses, in bars, and in schools.

Other knives and weapons that are not switchblade knives are still banned in Texas.

The use of these illegal knives can result in serious penalties. Individuals are required to carry a permit in order to have a concealed handgun. It is also illegal to own explosives such as bombs, bombs, and rockets or to possess a machine gun.

People can also be penalized for carrying a zip gun, brass knuckles, shotguns with barrels that are less than 18 inches long, rifles or shotguns that are altered so that the weapon is less than 26 inches long, and more. With the exception of brass knuckles, possession of these weapons is considered a third-degree felony which means that you may get between two and ten years in prison and a fine of up to $10,000.

Have you been arrested for possession of an illegal weapon?

If so, you need to talk to a Houston criminal defense attorney today to learn more. With the right attorney, you may be able to prove that you are not guilty of a weapons crime. We can cite the recent laws regarding switchblade knives as a defense in your case. Hire the firm today to learn more!

Are Switchblades Legal in Texas (Updated 2023) - Martinez Law (2024)

FAQs

Are Switchblades Legal in Texas (Updated 2023) - Martinez Law? ›

In the State of Texas, it is completely legal to sell, repair, transport, and possess switchblades.

What knives can you use for self defense in Texas? ›

In Texas, it is legal to defend yourself with a knife if you are in fear of imminent harm or death. You are also allowed to use deadly force if there is an immediate threat of serious injury or death and it is proportionate to the threat posed against you.

What makes a switchblade illegal? ›

Specifically, if a switchblade has a blade two inches or more in length, it is a crime to: Possess the knife in the passenger's or driver's area of any motor vehicle in any public place or place open to the public, Carry the switchblade upon your person, or.

Can you legally carry a katana in Texas? ›

Although Texans are allowed to walk down the street with a katana, it is illegal to bring blades larger than 5.5 inches to the following locations: Knives of any blade length can be taken anywhere, with a few exceptions.

Are switchblades legal in Texas now? ›

Switchblade knives are legal to carry, use, and manufacture in Texas as of Sept. 1, 2020. Since the 1950s, it has been illegal to own or use a switchblade knife in the state of Texas.

Are switchblades legal in TX? ›

In the State of Texas, it is completely legal to sell, repair, transport, and possess switchblades. In 2017, Texas removed the category of “illegal knives” from House Bill 1935, thereby making it legal to possess and carry switchblades and other types of knives.

What knives are still illegal in Texas? ›

Texas Penal Code 46.01 defined an illegal knife as a knife with a blade over five and one-half inches in length, a hand instrument designed to cut or stab another by being thrown, a dagger, dirk, stiletto, poniard, bowie knife, sword, or spear.

Can I carry a 7 inch knife in Texas? ›

Texas allows adults and juveniles under 18 to carry knives with blades shorter than 5.5 inches anywhere in the state. Adults may carry knives longer than 5.5 inches in most places aside from restricted locations like courthouses, government buildings, and schools.

Can I carry a knife on my belt in Texas? ›

For adults age 18 and over, it is lawful to carry a knife in most places throughout Texas, whether open or concealed carry. As the name suggests, however, “location-restricted knives” are prohibited from being carried in certain locations.

What states ban switchblades? ›

A few states, among them Delaware, Hawaii, New Jersey, New Mexico, and New York, prohibit sale, transfer, ownership or possession of automatic knives or switchblades as deadly or prohibited weapons, while others such as New Hampshire and Arizona have no restrictions on sale, ownership, possession, or carry (with some ...

What counts as a switchblade knife? ›

If there is nothing blocking the blade and it stays closed, the knife is an assisted opener (assuming it has a mechanism to help open the knife). Another way to look at it: If you are able to open the blade without exerting any effort on the actual blade, it's a switchblade.

Is a butterfly knife a switchblade? ›

Although referred to as the Federal Switchblade Act, the Federal definition of a switchblade also includes gravity knives and butterfly (Bali-Song) knives.

How big of a knife can you carry in Texas? ›

Texas allows adults and juveniles under 18 to carry knives with blades shorter than 5.5 inches anywhere in the state. Adults may carry knives longer than 5.5 inches in most places aside from restricted locations like courthouses, government buildings, and schools.

How big of a blade can you carry in Texas? ›

46.02) in Texas. BOTTOM LINE Summary: Any adult can carry any knife legal to possess anywhere as long as it is not over five and a half (5.5) inches. You can carry longer knives almost everywhere, except as noted below. There is no separate rule for concealed carry, you may carry open or concealed, however you want.

Are brass knuckles illegal in Texas? ›

Texans are now free to carry certain self-defense weapons without fear of criminal prosecution. Thanks to House Bill (HB) 446, which took effect on September 1st, it's now legal for Texans to carry brass knuckles, clubs, and wild kat keychains (also known as “kitty keychains”).

What knives are illegal in Texas 2023? ›

Texas allows adults and juveniles under 18 to carry knives with blades shorter than 5.5 inches anywhere in the state. Adults may carry knives longer than 5.5 inches in most places aside from restricted locations like courthouses, government buildings, and schools.

What knives are illegal in TX? ›

Texas Penal Code 46.01 defined an illegal knife as a knife with a blade over five and one-half inches in length, a hand instrument designed to cut or stab another by being thrown, a dagger, dirk, stiletto, poniard, bowie knife, sword, or spear.

What are the new knife laws in Texas? ›

In 2017 our bill removed all of the “illegal knives” in Texas law, finally allowing Texans the right to carry a Bowie knife, dagger and others in public. In 2019 our bill removed the ban on carry of clubs (including tomahawks) and possession of knuckles (including trench knives and the like).

What is the legal length of a switchblade in Texas? ›

There are no laws or restrictions in Texas for carrying a knife with a blade length less than 5.5 inches. The law specifically referring to daggers, dirks, stilettos, poniards, Bowie knives, swords, switchblade knives, and spears as illegal knives was removed in 2017.

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