Big News on Big Knives

As noted in a recent legislative update, Texas Law Shield Members will soon have a major expansion in their ability to defend themselves with bladed weapons.

On September 1, 2017, H.B. 1935 becomes effective. It amends Texas Penal Code § 46.01(6) to remove the term “Illegal” knife and create the term “Location restricted” knife. Knives will no longer be classified as throwing knife, dagger, dirk, stiletto, poniard, bowie knife, sword, or spear. The only requirement to be a “Location restricted” knife is having a blade over 5 ½ inches long, from the guard to the tip.

Also, the new law creates TPC § 46.02(a-4), which prohibits a person under the age of 18 from carrying a location-restricted knife except on their own property, their motor vehicle or watercraft, or under the direct supervision of a parent or legal guardian.

And the new law creates TPC § 46.03(a-1), which adds the following prohibited places for location-restricted knives to the list of weapons prohibited places already in TPC § 46.03. 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.

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. There is no requirement to give notice of the location-restricted knife prohibition, i.e. no 30.06 or 30.07 criminal trespass notice, or 51% business establishment notice needed.

To hear more about the law in the video at the top, watch Independent Program Attorney Edwin Walker of the Walker & Taylor law firm discuss it in an excerpt from a U.S. Law Shield News live event with host Sam Malone.

Also, to find out more before the new knife-carry law becomes effective on September 1, be sure to attend an upcoming Gun Law Seminar. In the “Event Type” column, look for the description “Legislative Session Results in New Laws–Get the Update.”

If you are a Member and can’t make a seminar, but you have questions about the new knife law, please call the non-emergency number at (281) 668-9957, and Independent Program Attorneys will be happy to explain your options.  —Texas & U.S. Law Shield Staff

 

 

 

5 comments on “Big News on Big Knives

  • Randy Haskins says:

    As a retired law enforcement officer, I greatly disagree with this new law. I don’t have a problem with someone carrying a hunting knife in a holster but I greatly disagree with a person being allowed to walk around with a samari sword in Walmart or the mall. That is a menacing act waiting to happen. The legislature should have made exceptions to this new law, or at the very least, read it before they signed it. Innocent persons are going to be injured or killed because of this being allowed, and police officers are going to be confronted by idiots carrying swords and machetes, and not knowing if it is a viable threat or “just because I can” act. Think about it. Do you want your child going to school and know there are a bunch of idiots there with swords and machetes walking around on the grounds also. This is what started this change in the law in the first place. Because of an idiot with a sword on a college campus that killed and maimed several students. It was illegal to carry then, so the legislatures made LEGAL to Do now. What a bunch of idiots. Just saying

  • I already carry a knife daily, but it is under 5 1/2 inches. It is a “tool to open boxes at work”.

  • Robert Marshall says:

    I wish they would have included batons in the law, gives us an opinion of less than lethal force. I wonder how soon we will be seeing people carrying swords again?

  • John Knox says:

    Thanks for the knife update. Old laws that don’t impact true crime reduction should go away. Maybe we have turned the corner on legislative “good sense”!

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