Illegal Knives and Prohibited Weapons in Texas: What’s Legal and Illegal?

 In Criminal

Prohibited Weapons in Texas

Penal Code Section 46.05 prohibits the possession, manufacture, transport, repair, or sale of certain things, including unregistered explosive weapons, unregistered machine guns, unregistered silencers, knuckles, etc.  Additionally, Penal Code 46.02 prohibits the carrying of illegal knives and clubs. Most prohibited weapons in Texas are felonies, generally ranging from state jail felonies to third-degree felonies. Possession of an illegal knife in Texas is generally a Class A misdemeanor. This article looks at the legality of butterfly knives, switchblades, expandable batons, and nunchuks in Texas.

Are Butterfly Knives Legal in Texas?

What is a butterfly knife?

A balisong is known as the butterfly knife because it looks like the wings of a butterfly when it is unfolded. A balisong is loved by enthusiasts for the motion, which can be as mesmerizing as a set of nunchucks in the right hands. The blade is opened using gravity, and for years it was illegal to possess “switchblades” in Texas.

Is a butterfly knife illegal in Texas?

No, a butterfly knife is no longer illegal in Texas. Effective September 1, 2013, switchblades are no longer illegal in Texas, although knives with blades that are over 5.5 inches in length are still “illegal knives” and are illegal to carry. Penal Code Section 46.02 makes it illegal to carry an illegal knife on your person outside of your property, unless you are inside or directly en route to a motor vehicle that is owned or possessed by the person. Therefore, the only place you can have a knife with a blade over 5.5 inches is on your own property or inside your car.

Are switchblades illegal in Texas?

No, switchblades are not illegal in Texas as of September 1, 2013. Knives with blades that are over 5.5 inches in length are still “illegal knives” and are illegal to carry. Again, the only places you can have a knife with a blade over 5.5 inches is on your own property or inside your car. It is worth noting here that the following are illegal knives in Texas: any hand instrument designed to cut or stab another by being thrown; a dagger, including but not limited to a dirk, stiletto, and poniard; a bowie knife; a sword; or a spear. A dagger is a sharp pointed knife for stabbing.

Are ASPs or Expandable Batons Legal in Texas?

What is an ASP or collapsable/expandable/telescopic baton?

Armament Systems and Procedures is the leading manufacturer of the “ASP” or collapsable/expandable/telescopic batons. The following information applies to all collapsable/expandable/telescopic batons in Texas, unless they are made for some other purpose than inflicting injury. ASP batons use a friction-lock design so that they can be expanded by swinging the handle forcibly through the air.

In an ASP or collapsable/expandable/telescopic baton llegal in Texas?

Yes, an ASP or collapsable/expandable/telescopic baton is illegal to carry in Texas under most circumstances. Penal Code Section 46.01 defines a club as a specially designed instrument that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking. Penal Code Section 46.02 makes it an offense to carry a club unless you are on your own property, inside your vehicle, or directly en route to your vehicle.

Are there exceptions to the prohibition against carrying an ASP?

Yes.

A security guard at an institution of higher education who has undergone 15 hours of training in the proper use of the club, including at least seven hours of training in the use of the club for nonviolent restraint may carry an ASP or expandable baton. Similarly, a public security officer under certain circumstances will be able to carry an ASP in the performance of their official duties. See Penal Code Section 46.15.

Are Nunchaku (Nunchuks) Illegal in Texas?

What are nunchuks?

Nunchaku, often referred to as nunchuks, are martial arts weapons made up of two sticks connected by a short chain.

Are nunchuks illegal in Texas?

Yes, nunchuks are illegal clubs in Texas. Nunchuks are considered clubs in Texas and are therefore illegal under most circumstances. Penal Code Section 46.01 defines a club as a specially designed instrument that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking. Penal Code Section 46.02 makes it an offense to carry a club unless you are on your own premises or inside or directly en route to a motor vehicle that is under the person’s control or ownership. This means you can have an asp or expandable baton in your car or your property.

Are brass knuckles illegal in Texas?

If you have been charged with possession of an illegal knife or prohibited weapons in Texas, call us at (817) 203-2220 or contact us online:

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