I live in TX and have the Kershaw Leek 1660st knife. I was wondering if it was legal to carry it around.?

Question

I constantly work on cars and go fishing so I always have it in my pocket just in case but a friend told me that it was actually illegal since it has assisted opening. I really don't want to carry it around if it will get me in trouble.

Answer 1

TX Penal Code sec. 46.01 states that the following cannot be carried:

6) “Illegal knife” means a:

(A) knife with a blade over five and one-half inches;

(B) hand instrument designed to cut or stab another by being thrown;

(C) dagger, including but not limited to a dirk, stiletto, and poniard;

(D) bowie knife;

(E) sword; or

(F) spear.

(7) “Knife” means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.

Section 46.02 states:

(a) 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 if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

Thus, as long as the blade is under 5 and 1/2 inches long and not a sword, carrying it is legal.

Answer 2

Texas law does not technically ban assisted opening, only "switchblades." State law defines this as:

(11) “Switchblade knife” means any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that:

(A) opens automatically by pressure applied to a button or other DEVICE LOCATED on the HANDLE; or

(B) opens or releases a blade from the handle or sheath by the force of

gravity or by the application of centrifugal force.

This definition includes a “butterfly knife.” However, an assisted opening knife does not release it's blade using a device located in the handle;  It uses pressure on the BLADE.  This is a loophole that exists in many state law definitions. Therefore, as long as it is under 5.5 inches, then it's legal.

Just don't go flashing it around cops.  They're not all always up to date on these little technicalities, though if arrested you would be released by the DA due to him having no case.

Answer 3

if its a switch-blade its most likely illegal otherwise probably not, I wouldn't worry any way 'cause cops ain't gonna check