Butterfly knives, also known as balisongs, are a type of folding pocket knife with two handles counter-rotating around the tang such that, when closed, the blade is concealed within grooves in the handles. Butterfly knives are legal in most states, but there are some states that have laws restricting or prohibiting their possession and use. One of these states is Texas.
In Texas, butterfly knives are considered illegal weapons. This means that it is a criminal offense to possess, manufacture, transport, repair, or sell a butterfly knife in the state. In addition, it is illegal to use a butterfly knife in the commission of a crime.
The law in Texas classifies butterfly knives as “illegal knives.” An illegal knife is defined as any knife with a blade over five and one-half inches, a hand instrument designed to cut or stab another by being thrown, a dagger, a bowie knife, a sword, or any other type of knife with a blade over five and one-half inches. Butterfly knives fit into this definition, as the blades are typically longer than five and one-half inches.
The penalty for possession of an illegal knife in Texas is a Class A misdemeanor. A Class A misdemeanor carries a penalty of up to one year in jail and up to a $4,000 fine. In addition, if the person is convicted of a third or subsequent offense, the offense is a third-degree felony, punishable by up to 10 years in prison and a fine of up to $10,000.
Does Texas Have Any Exceptions to the Butterfly Knife Ban?
Yes, there are a few exceptions to the ban on butterfly knives in Texas. The first exception is for individuals in the military. Individuals in the military are allowed to possess and carry butterfly knives for their own use, provided they are in the proper uniform and in the performance of their military duties. The second exception is for individuals who are participating in certain martial arts practices. Individuals who are actively engaged in martial arts practices are allowed to possess and carry butterfly knives, provided they are in the proper uniform and in the performance of their martial arts duties.
The third exception is for individuals who are travelling through the state of Texas. Individuals who are travelling through the state of Texas are allowed to possess and carry butterfly knives, provided they are properly secured and not readily accessible. This exception applies to both residents of Texas and non-residents of Texas.
Are There Any Other Restrictions on Butterfly Knives in Texas?
Yes, there are a few other restrictions on butterfly knives in Texas. The first restriction is that it is illegal to conceal carry a butterfly knife. Concealed carry of a butterfly knife is a Class A misdemeanor offense. The second restriction is that it is illegal to brandish a butterfly knife. Brandishing a butterfly knife is a Class B misdemeanor offense.
The third restriction is that it is illegal to use a butterfly knife in the commission of a crime. This includes using a butterfly knife to threaten, intimidate, or harass someone. If a person is found to be in possession of a butterfly knife while committing a crime, they can be charged with a Class A misdemeanor offense. Additionally, if a person is found to be in possession of a butterfly knife while committing a felony, they can be charged with a third-degree felony.
Conclusion
In conclusion, butterfly knives are illegal in the state of Texas. Possession of a butterfly knife is a Class A misdemeanor offense, and using a butterfly knife in the commission of a crime can result in more serious penalties. There are a few exceptions to the ban on butterfly knives, including for individuals in the military and those participating in certain martial arts practices.
Frequently Asked Questions
Q. Is it illegal to possess a butterfly knife in Texas?
A. Yes, it is illegal to possess a butterfly knife in Texas. Possession of a butterfly knife is a Class A misdemeanor offense.
Q. Are there any exceptions to the butterfly knife ban in Texas?
A. Yes, there are a few exceptions to the ban on butterfly knives in Texas. The first exception is for individuals in the military, the second exception is for individuals who are participating in certain martial arts practices, and the third exception is for individuals who are travelling through the state of Texas.
Q. Is it illegal to conceal carry a butterfly knife in Texas?
A. Yes, it is illegal to conceal carry a butterfly knife in Texas. Concealed carry of a butterfly knife is a Class A misdemeanor offense.
Q. Is it illegal to brandish a butterfly knife in Texas?
A. Yes, it is illegal to brandish a butterfly knife in Texas. Brandishing a butterfly knife is a Class B misdemeanor offense.
Q. What is the penalty for possession of a butterfly knife in Texas?
A. The penalty for possession of an illegal knife in Texas is a Class A misdemeanor. A Class A misdemeanor carries a penalty of up to one year in jail and up to a $4,000 fine.
Q. Is it illegal to use a butterfly knife in the commission of a crime in Texas?
A. Yes, it is illegal to use a butterfly knife in the commission of a crime in Texas. If a person is found to be in possession of a butterfly knife while committing a crime, they can be charged with a Class A misdemeanor offense. Additionally, if a person is found to be in possession of a butterfly knife while committing a felony, they can be charged with a third-degree felony.