New Law Goes Into Effect on September 1st, 2013 for Automatic Knives in Texas

On June 14, 2013, Governor Rick Perry signed HB1862 into law repealing Texas’ ban on automatic knives.  The law goes into effect on September 1st, 2013.  The changes to the Texas Penal Code Sec. 46.05 are as follows:

Relating to the criminal consequences of engaging in certain conduct with respect to a switchblade knife.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  Sections 46.05(a), (d), and (e), Penal Code, are amended to read as follows:

(a)  A person commits an offense if the person 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;

(6) [(7)]  armor-piercing ammunition;

(7) [(8)]  a chemical dispensing device;

(8) [(9)]  a zip gun; or

(9) [(10)]  a tire deflation device.

(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,] short -barrel firearm[,] or tire deflation device solely as an antique or curio;

(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); or

(3)  was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b).

(e)  An offense under Subsection (a)(1), (2), (3), (4), (6), (7), or (8)[, or (9)] is a felony of the third degree.  An offense under Subsection (a)(9) [(a)(10)] is a state jail felony.  An offense under Subsection (a)(5) [or (6)] is a Class A misdemeanor.

SECTION 2.  The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 3.  This Act takes effect September 1, 2013.”

KnifeRights.org did a great job getting this passed in Texas.

You can bet that when the sun comes up on September 1, 2013, I will be sitting in a sunflower field with a loaded 60 year old plus Model 11 Remington 12 gauge shotgun and an automatic knife in my  pocket. waiting for the doves to come.  WOOOOOT!!!!!.  What a way to start the hunting season!  

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About texasknives.org

I am a prosecutor at the Ellis County and District Attorney's Office and a knife enthusiast. Currently I sharpen, repair, and make custom knives. I also make sheaths for knives. My fascination with knives has lasted a lifetime.
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