Houston, TX asked in Criminal Law and Civil Rights for Texas

Q: I'm curious about current Texas knife laws. Can I legally carry a knife with a blade shorter than 5.5 inches in school?

I'm a teacher and want to know for an adult like myself, not a student or child.

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2 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: An adult wouldn't be in violation of the Unlawful Carry law for a location restricted knife under Texas Penal Code 46.02(a-4) but could be convicted of carrying in a Prohibited Place under Penal Code 46.03(a)(1) for having a knife with a blade over five and one-half inches at school (or in a school vehicle) without written permission from the school.

Even written permission might not save a person from a conviction for a knife with a blade over five and one-half inches during a high school sporting event or interscholastic event if they were charged under 46.03(a-1)(2). This seems like an oversight in the law.

And of course, offers to sell, rent, lease, or give such a knife to any child younger than 18 years is a crime under Penal Code 46.06.

Everything I wrote above only applies to Texas state laws in chapter 46 of the Texas Penal Code which everyone should read for themselves here: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm

Remember that things that are perfectly legal under state law could yet be a violation of school rules, local ordinances, or federal laws.

Rick  Davis
Rick Davis
Answered
  • Criminal Law Lawyer
  • Bryan, TX
  • Licensed in Texas

A: Texas Penal Code Section 46.01 (7) states that "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 46.01 (6) states that "Location-restricted knife" means a knife with a blade over five and one-half inches.

Texas Penal Code Sec. 46.03. PLACES WEAPONS PROHIBITED states (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife ... (1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless: (A) pursuant to written regulations or written authorization of the institution;...

Thus, if your knife has a blade under five and one-half inches, you should be able to carry it to school without seeking written authorization first.

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