We don’t usually think about the right to own and bear knives, spears and swords, but a recent bill signed into law by Texas Gov. Greg Abbot lifts Civil War-era restrictions on all bladed weapons. These restrictions were passed almost 150 years ago in an effort to curb what was regarded as widespread lawlessness and vigilantism. Even the famous Bowie knife was proscribed by the laws.
Texas knife laws—which banned the concealment or public carrying of “illegal knives”—were considered to be some of the most restrictive in the United States. An illegal knife was defined as a knife with a “blade over five-and-a-half inches,” but it also included Bowie knives, throwing knives, daggers, dirks, stilettos, poniards, swords and spears.
Essentially, under the old law, illegal knives could not be concealed or publicly carried except in very narrow circumstances such as ceremonial, historical or theatrical events. Under the old law, any infraction was considered a misdemeanor, but such infraction could rise to a felony if it occurred on any premise licensed to sell alcoholic beverages.
As a result of the new law, the term “illegal knife” in the Texas Penal Code has been removed and replaced by the term “location-restricted knife” — a move that essentially lifts the public restrictions on carrying knives except in certain locations. A location-restricted knife is defined as any knife with a blade over 5½ inches.
Under the proposed law, a person cannot carry location-restricted knives in such places as schools, correctional facilities, polling places, hospitals and medical facilities, places of worship, parks and most bars. Nor can anyone younger than 18 purchase or publicly carry such a knife except:
- at his or her premises or those under his or her control;
- inside or en route to a motor vehicle or watercraft under his or her control;
- or under the direct supervision of a parent or legal guardian.
Any infraction of these prohibitions is considered a misdemeanor.
Other restrictions also remain for students. A student caught harboring, concealing or publicly carrying such weapons at educational facilities will face expulsion.
HB 1935 goes into effect Sept. 1. It was sponsored by Rep. John Frullo (R-Lubbock) and Sen. John Whitmire (D-Houston). The change had massive support, passing 131-1 (with 17 abstentions) in the House and 31-0 (with no abstentions) in the Senate.