Legal Question in Criminal Law in Texas
what is the legal definition of a blade
If a knife has a 4 inch cutting edge but is 6 inches long is it an illegal knife? Is the blade the whole metal part or just the ''cutting edge''. Would the whole knife have to be sharp to be the cutting edge?
1 Answer from Attorneys
Re: what is the legal definition of a blade
I've often wondered about this too. The fact is, the law isn't real clear, which means in reality, you could end up taking a ride to jail, but beat the charge in court. I mean, the question boils down to, what is a "blade"? Is a piece of metal, or even wood or plastic a "blade" if it can't cut anything? If only a part of the "blade" is able to cut, is the whole thing a "blade?" Statutes that are too vague are unconstitutional, so there's one method of defense. I notice the statute in Tex. Pen. Code 46.01(6) defines "knife" as any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with it. So, even if it was dull as a bowling ball, it seems like if it could be used to stab someone to any depth, then it's a knife, but then the question remains, is it an "illegal" knife? A knife's not illegal if its blade is not longer than 5&1/2 inches long. Like so much of the law, it's just all grey.
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