"Illegal knife" means                                                 

                       (A)  knife with a blade over five and one-half

inches;                    

                       (B)  hand instrument designed to cut or stab

another by being thrown;     

                       (C)  dagger, including but not limited to a dirk,

stilletto, and poniard; 

                       (D)  bowie knife;                                                            

                       (E)  sword;  or                                                             

                       (F)  spear.   

                                                             

                 "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.

 

               "Switchblade knife" means any knife that has a

blade that folds, closes, or retracts into the handle or sheath, and

that:

                       (A)  opens automatically by pressure applied to a

button or other device located on the handle;  or

                       (B)  opens or releases a blade from the handle or

sheath by the force of gravity or by the application of centrifugal

force.

 

 

TEXAS PENAL CODE § 46.02. UNLAWFUL CARRYING WEAPONS.  (a) A person commits

an offense if he intentionally, knowingly, or recklessly carries on

or about his person a handgun, illegal knife, or club.

        (b)  Except as provided by Subsection (c), an offense under

this section is a Class A misdemeanor.

        (c)  An offense under this section is a felony of the third

degree if the offense is committed on any premises licensed or

issued a permit by this state for the sale of alcoholic beverages.

 

 

§ 46.05. PROHIBITED WEAPONS.  (a) A person commits an

offense if he intentionally or knowingly possesses, manufactures,

transports, repairs, or sells:

               (1)  an explosive weapon;                                                    

               (2)  a machine gun;                                                          

               (3)  a short-barrel firearm;                                                 

               (4)  a firearm silencer;                                                     

               (5)  a switchblade knife;                                                    

               (6)  knuckles;                                                                

               (7)  armor-piercing ammunition;                                              

               (8)  a chemical dispensing device;  or                                       

               (9)  a zip gun.                                                               

        (b)  It is a defense to prosecution

 under this section that

the actor's conduct was incidental to the performance of official

duty by the armed forces or national guard, a governmental law

enforcement agency, or a correctional facility.

        (c)  It is a defense to prosecution under this section that

the actor's possession was pursuant to registration pursuant to the

National Firearms Act, as amended.

        (d)  It is an affirmative defense to prosecution under this

section that the actor's conduct:

               (1)  was incidental to dealing with a switchblade

knife, springblade knife, or short-barrel firearm solely as an

antique or curio;  or

               (2)  was incidental to dealing with armor-piercing

ammunition solely for the purpose of making the ammunition

available to an organization, agency, or institution listed in

Subsection (b).

        (e)  An offense under this section is a felony of the third

degree unless it is committed under Subsection (a)(5) or (a)(6), in

which event, it is a Class A misdemeanor.