Understanding the Laws Regarding Ballistic Knives in Texas

Key Insights on Ballistic Knives

The term "ballistic knife" as it is commonly understood refers to a knife that is used as both a knife and a projectile. In its most basic form, a ballistic knife consists of a spring-loaded blade that resembles a knife blade on a handle that resembles a large knife handle. If you press a button on the handle, the blade rapidly ejects from the knife handle at a high speed, whereupon it can be thrown toward an intended target. Upon ejection, the blade takes off like a missile – hence the "ballistic" name.
While there are certainly modern variations, the ballistic knife was introduced in the late 1960s and early 1970s by the U.S. military. At the time, it was drawn from the USSR through open-source materials recruited by the U.S. Armed Services. The purpose was to use the clip knife both as a melee weapon (when a soldier is on stall from a close combat position) and as a means to stab and then throw a blade at an enemy target.
Later efforts would be made to legalize some forms of the ballistic knife, particularly for the purposes of recreational use (principally, for hunting and fishing). In these contexts, the projectile function of the knife would become secondary to the knife’s ordinary function, to wit , the fact that the knife can still function like a regular knife (albeit one with a spring-loaded blade) and for the ability to pull out the blade quickly from the knife handle.
Ballistic knives are a topic of legal concern for two principal reasons. First, the sheer number of varieties are considered illegal per se (i.e., banned outright and without exception) in many states. Unlike many knife types that are only illegal if the knife can potentially be used as a weapon (think Bowie knives, dirks, daggers, stilettos, or even swords, blade lengths often do not matter all that much), ballistic knives are banned regardless of their intended use. However, see the entry on ballistic knife laws in Texas, a state where these knives are legal.
Second, ballistic knives have an association (legally speaking) with the activity of "throwing knives." The subtlety here is that throwing knives or "target throwing" isn’t banned, but directly related the activity of knife-throwing (as opposed to fishing, hunting, self-defense, etc.). Therefore, it stands to reason that if one were to use a ballistic knife as a knife-throwing device without a "sufficient artifice" to make it a knife-throwing device per se, then it would be considered a ballistic knife and banned.

Current Texas Statutes

Texas Knife Laws:
A very popular misconception is that knives are illegal for civilians in Texas. This is false. With legislation signed into law in 2015, Texas is now one of the most open states when it comes to the carrying of a knife. There are some limitations, however, but they are few and far between. Texas law now allows the legal possession and open carry of a knife with a blade length of over 5½ inches, this includes:
• Non-switchblade knives
• Bowie knives
• Machetes
• Dirk knives
• Dagger knives
• Spear
• Stiletto knife
• Pugio knife
• Brazilian Dagger (Facas)
• Balisong knife
• Ballistic knife
• Shuriken
• Sword
• Sabre/Scimitar
• Kirpan
• Kukri knife
• Tanto knife
• Blowgun
• Hunting Knife
• Bolos
• Utilitarian knife
• Bicornuate blade knife
• Pen-Knife
• Parang
• Foil knife
• Kriss knife
• Bayonet knife
• Catanas
• Swords
• Scian blade knife
• Gladius knife
And like always, knives are illegal to possess where:
• In a secured area of an airport
• Evacuation center
• Polling place
• Racetrack
• Religious worship place
• Hospital or nursing facility
• Immigration facility
• Courthouse
• Amusement park
• Government secured buildings
• Correctional facility
TEXAS KNIFE LAW QUICK REFERENCE CHART
AMENDMENTS:
In 2017 Texas bill S.B. 906 was introduced which detailed amendments to penal code section § 46.02 and § 46.15 (Carrying Weapons and non-applicability) as it relates to knives other than switchblade knives, and went on to legalize Poisoned or undipped arrows, Bolas, Blow Guns, Cane Sword (or swordstick), throwing stars, masquerade items, ninja throwing stars, numchaku, shuriken (or Chinese star), and any blade, however shaped. The bill was signed by Governor Greg Abbott on June 12, 2017. The bill abolishes criminal charges for citizens who possess a knife other than a switchblade knife locally and allows people to carry such a knife if the blade is longer than 5.5 inches instead of 5.11 inches. Although submitted in 2017, Governor Abbott did not sign the bill until June 12, 2019, making it mandatory for knives having a longer blade to be holstered and carried in plain view as opposed to being concealed.

Legal Definition of Ballistic Knives in Texas

In Texas, ballistic knives are addressed as automatic knives with blades over five and a half inches long. These knives are illegal if they can be fired, shot, or otherwise propelled by some type of spring mechanism or otherwise. Essentially, if the knife is the type that is hand-held and the blade is ejected or shot out of the handle and locks into place using some type of spring, rail, or other physical means, it will be considered illegal under Texas Penal Code Section 46.2. Additionally, the law must be broken in some type of illegal or prohibited way. For example, an individual may be in possession of a ballistic knife, along with a switchblade which is also illegal, and may not be in violation of the law if the weapons are not used in some type of criminal or dangerous manner. In Texas, a first offense with respect to an illegal knife is considered a Class A misdemeanor which penalizes offenders with up to a year in jail and fines reaching $4,000. Further, a second offense is considered a third-degree felony which comes with a possible punishment of two to ten years in a state prison and fines of up to $10,000.

How Texas Laws Compare to Other Jurisdictions

The robust patchwork of knife laws across the United States creates a challenge for knife enthusiasts and travelers who must understand how their legal weapons differ from state to state. Ballistic knives are no exception to this rule.
Texas ballistics laws operate under Penal Code § 46.01(6). The section defines "Ballistic knife" as "a knife with a detachable blade that is launched by a spring-operated mechanism." Residents in Texas need to consider the knife possession laws under Penal Code § 46.05 which includes knives classified as club knives, false-bladed knives, daggers, dirks, stilettos, bowie knives, and others.
In Colorado, possession of ballistic knives is illegal under Title 18 § 18-12-102 the state also follows a "substantial step test," which allows for the prosecution of people who possess illegal knives. If the individual possesses a ballistic knife about the premises, even if there is no attempt to use the knife as an offensive weapon, it may be considered a substantial step . The major difference between Texas law and Colorado law is that in Colorado it may not have to be launched; the mere possession on the premises may allow for an arrest. Texas residents should be aware that the general laws regarding prohibited weapons may apply to the use of a ballistic knife in King County. Texas Penal Code § 46.05 states that a person commits a third-degree felony if he uses a prohibited weapon, including a ballistic knife.
According to Florida Statute 790.001(6), a ballistic knife is defined as "a knife with a bail or slider that is propelled by a spring-loaded mechanism or otherwise and that may be considered a disabled ballistic knife if the blade is pinned, or the handle has been altered so it cannot be launched." Under F.S. 790.225 possession of firearms and electric weapons or devices for defense during a declared state of emergency are legal, but sword cane knives and ballistic knives are prohibited. Residents of King County, Texas should be aware that city ordinances specific to the county prohibit knives in public places and where they may be carried concealed.

Practical Considerations for Knife Collectors and Enthusiasts

When it comes to ballistic knives, the most common question asked by collectors and enthusiasts is whether they can own these unusual weapons. The good news is that Texas law does not pertain to the ownership of ballistic knives. Texas Penal Code Section 46.01 defines a "ballistic knife" as a knife with a detachable blade that is propelled by a spring-driven mechanism. The remainder of Section 46.01 also lists all the other kinds of knives classified as prohibited weapons. However, there is no mention of "ballistic knife ownership" in the prohibited weapons section. Collectors and enthusiasts should keep in mind that the other provisions of the Penal Code still apply.
Just because someone may have extended rights to own a ballistic knife, it does not mean that the law permits the trading, sale, or display of such knives. Like any weapon, both individuals and businesses within Texas must abide by all local laws concerning the sale or trade of weapons. While the state does not prohibit the ownership of ballistic knives, many counties and cities do regulate the usage and sale of knives. In fact, in some areas, possessing a ballistic knife is punishable by up to a year in jail and a fine of no more than $4,000. It is vital to know your local laws before you buy, trade, or own any kind of knife.

Legal Counsel and Final Thoughts

The above should not be taken as legal advice, and you should not act or reply upon anything contained in this article. If you have legal questions or issues about Ballistic Knives in Texas, contact a qualified criminal defense attorney immediately.
Because ballistic knives are considered a prohibited weapon, defensive carrying of ballistic knives may result in a charge under § 46.02 of the Penal Code. In addition , because the definition of a ballistic knife includes an expandable blade knife with a detachable blade that can be ejected from the handle by a spring-loaded mechanism, those who already possess knives of these types may be guilty of possession or manufacture of an unlawful knife under § 46.05 of the Penal Code. There are many reasons even experienced knife collectors may fall afoul of the law, so anyone who either collects or carries knives might want to consider seeking legal counsel to better understand the possible repercussions of the legislation touched on in this article.