Texas location-restricted knives — Penal Code § 46.02 / § 46.06

Texas location-restricted knives is a criminal offense under Penal Code § 46.02. Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.

The controlling statute

House Bill 1935 (2017) eliminated Texas's old categorical bans on switchblades and Bowie knives, redefining the regulated category as "location-restricted knives" — any knife with a blade longer than 5.5 inches. Penal Code § 46.02 makes it a Class A misdemeanor for a person under 18 to carry a location-restricted knife, or for any person to carry such a knife into a § 46.03 prohibited location (schools, courts, polling places, 51% bars). § 46.06 criminalizes transfer to a minor or intoxicated person.

Classification & punishment range

Elements the State must prove

To convict on a Texas § 46.02 & § 46.06 charge, the State must prove every element beyond a reasonable doubt:

1. Defendant intentionally or knowingly carried a knife with a blade longer than 5.5 inches
2. Defendant was under 18, OR the knife was carried into a § 46.03 prohibited location
3. Alternatively, defendant transferred the knife to a person under 18 or known intoxicated person
4. Defendant did not qualify for a peace-officer or military exemption under § 46.15

Defense strategies

L and L Law Group, PLLC develops the following defense strategies on every Location-Restricted Knives case:

• Blade measured 5.5 inches or shorter (HB 1935 threshold)
• Knife carried in a private vehicle or location not enumerated in § 46.03
• Defendant was 18 or older and not at a prohibited location
• Recipient of transfer was not a minor or known intoxicated person
• Tool-use defense — fixed blade used for work, hunting, or fishing (limited)
• Suppression of unlawful Terry-frisk pat-down

Enhancements & collateral consequences

Use of a knife during another offense (assault, robbery, burglary) supports a deadly-weapon finding under Art. 42A.054, restricting parole. Transfer of a location-restricted knife to a minor for use in a felony elevates exposure under § 22.02 (aggravated assault) or § 71.02 (organized criminal activity). School-grounds incidents trigger § 46.11 enhancement.