On September 1, 2013, switchblades became legal to possess in Texas.
House Bill 1862 repealed that provision of the Texas Penal Code that had previously made it unlawful to possess a switchblade knife, via a unanimous vote. Based in large part on a new understanding of the fictionalized nature of the 1950’s concerns over juvenile crime and its relationship (or lack thereof) to the switchblade, the Texas House Research Organization concluded that “[Switchblades] have been illegal in Texas since the 1950’s, when they were outlawed in many states across the country, due to unfounded fears.” HB 1862, HSO Bill Analysis.
However, understanding to what extent a switchblade is legal to possess in Texas requires some explanation.
“Prohibited Weapons”
Switchblades, prior to September 1, 2013, were listed under a section of the Penal Code covering “Prohibited Weapons.” Texas Penal Code 46.05. Weapons listed under this section are unlawful to own (although there are a few defenses for police, and proper registry.) Thus, possessing a switchblade prior to September 1, 2013 (that was possessed as an antique or curio—neither term is defined in the Code, by the way) was illegal as a switchblade was a prohibited weapon.
“Prohibited weapons” includes a list of weapons such as “explosives,” “machine guns,” sawed off shotguns (“short barrel firearms”), brass knuckles, “armor piercing ammunition,” “a chemical dispensing device,” a “zip gun,” or a “tire deflation device.” Texas Penal Code 46.05. These weapons can only be possessed under specific circumstances: “incidental to the performance of official duty by the armed forces, national guard, governmental law enforcement agency, or correctional facility”; “pursuant to registration pursuant to the National Firearms Act”; as an “antique or curio” (neither of which are defined in the Code); and such. Texas Penal Code 46.05(b), (c), (d)(1)-(3), (e), (f)(1)-(3).
In September of 2013, when switchblades were removed from the list of prohibited weapons, they became legal to possess, so long as they do not fall within the category of an “illegal knife.”
“Illegal Knives”
The phrase “illegal knife” is referenced in the penal code under Section 46.02, “Unlawful Carrying of a Weapon.” (“A person commits the offense of unlawful carrying of a weapon if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club, unless “on the person’s own premises or premises under the person’s control, or inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.” Texas Penal Code 46.02.) Note that “switchblades” are not listed alongside handguns or clubs. We know that switchblades are, as of September 1, 2013, no longer “prohibited weapons.”
So, the question then is when is a switchblade also an “illegal knife”?
(1) Knives That Are “Illegal Knives”
Texas Penal Code 46.01(6)(A)-(F) explains that certain types of knives are “illegal.” For starters, any knife with a blade over 5.5 inches is unlawful to possess. 46.01(6)(A). Knives designed to be thrown are, likewise, illegal to possess. 46.01(6(B). Daggers, including but not limited to a stiletto, dirk, or poniard are unlawful to possess. 46.01(6)(C). Bowie knives, swords, and spears are also “illegal knives.” 46.01(6)(D)-(F).
(2) Switchblades That Are LEGAL to Possess
Therefore, a switchblade that does not fit one of the “illegal knife” qualities above is legal to possess.
Meaning, a switchblade, with a blade less than 5.5 inches (which is not a throwing knife, dagger, dirk, stiletto, poniard, bowie knife, sword, or spear) is legal to possess in Texas now.
Shortly after the ban on switchblade knives was lifted in September of 2013, I got one. Why? Apart from the utility of a switchblade (ranchers and farmers were among the groups the Legislature had in mind when it lifted the ban on switchblades), it’s worth picking up one for another reason: though legal now, there is still something about them that seems to lie outside the bounds of mainstream culture—they have, through the efforts in the 1950’s by parents, police, and United States Congress, become the very symbols of outlaw culture they were imagined to be sixty years ago.