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Knife Rights' Texas Knife Law Preemption Takes Effect Sept. 1 Print E-mail

Sept. 1, 2015: Today is the effective date for Knife Rights' signature Knife Law Preemption bill in Texas. Several Texas cities will see their restrictive knife laws voided today. The new law invalidates all municipal and county knife ordinances more restrictive than state law, creating uniform knife laws throughout the Lone Star State. The new law also ensues that Knife Rights' repeal of the state's ban on switchblade (automatic) knives that was passed in 2013 will now have effect throughout the state.

The two Texas cities that made Knife Rights' "10 Worst Anti-Knife Cities in America" list for 2014, San Antonio at number four and Corpus Christi at number nine, have now been removed. Knife Rights Chairman Doug Ritter said, "Removing two of the nation's worst anti-knife cities from our list in a single act is an example of what can be done when we all work together towards greater freedom in America."

Knife Rights has sent letters notifying elected officials, prosecutors and law enforcement in twelve cities, towns and counties of the change to the Texas Local Government Code. In addition to San Antonio and Corpus Christi, letters were sent to Austin, Dallas County, El Paso, Houston, Magnolia, Melissa, Odessa, Richland Hills, Shenandoah and Texarkana, all of which have now-voided knife restrictions on the books. Knife Rights volunteers continue to comb through municipal and county codes, searching for any other jurisdictions that should be notified of their now-voided ordinances.

Ritter said, "We bring this new law to these jurisdictions' attention in hopes of avoiding the illegal arrest and prosecution of knife owners who are in compliance with the new state law but, in conflict with now-voided local restrictions. We have also requested that these jurisdictions repeal their invalidated knife restrictions in order to ensure that citizens are not misled by having an unenforceable ordinance on the books."

The new state law prohibits a city or county from passing or enforcing knife ordinances more restrictive than state law, thereby eliminating the old patchwork of knife laws that acted as a legal minefield for anyone carrying a knife in the state. Residents and travelers in Texas can now be assured that a single knife law applies statewide.

Knife Law Preemption is Knife Rights' most important legislative effort and the foundation for ensuring all citizens enjoy any gains Knife Rights makes repealing knife bans. Restrictive local knife laws serve only to confuse and entrap law-abiding citizens traveling within a state. Preemption ensures citizens can expect consistent enforcement of knife laws throughout the state.

Knife Rights' groundbreaking LegalBlade™ App - Knife Laws in America™ has been updated to reflect the change in Texas law. The LegalBlade™ App provides guidance at your fingertips to the knife laws in all 50 states, the District of Columbia and 42 cities in the U.S. with restrictive knife laws.

Knife Rights passed the nation's first Knife Law Preemption bill in Arizona in 2010 and has since passed preemption bills in Alaska, Georgia, Kansas, New Hampshire, Oklahoma, Tennessee, Texas and Utah.


>June 17, 2015: Texas Governor Abbott has signed Knife Right's Knife Law Preemption bill, HB 905, which repeals local ordinances more restrictive than state law and ensures that the repeal of the Texas ban on switchblade (automatic) knives that Knife Rights passed last session will now be the law throughout Texas.

The new law goes into effect September 1. Texans should note that until the new law is in effect, they can still be charged with violations under existing law.

Knife Law Preemption is our most important legislative effort and the foundation for ensuring all citizens enjoy any gains we make repealing knife bans. Preemption repeals and prevents local ordinances more restrictive than state law which only serve to confuse or entrap law-abiding citizens traveling within or through the state. Preemption ensures citizens can expect consistent enforcement of state knife laws everywhere in the state.

Knife Rights passed the nation's first Knife Law Preemption bill in Arizona in 2010 and has since passed preemption bills in Alaska, Georgia, Kansas, New Hampshire, Oklahoma, Tennessee, Texas and Utah.


May 28, 2015: Knife Right's Knife Law Preemption bill, HB 905, has been passed by the Senate 31-0 and it on to the Governor

If you live, work or travel in Texas, please CALL and EMAIL Governor Greg Abbott and politely ask him to "please sign HB 905." That's it, keep is short and simple.

Phone: (800) 843-5789 or (512) 463-1782
Email through his contact form at: https://gov.texas.gov/contact/assistance.aspx (Select "Other" from the "Issue" dropdown menu)

Knife Law Preemption is our most important legislative effort and the foundation for ensuring all citizens enjoy any gains we make repealing knife bans. Preemption repeals and prevents local ordinances more restrictive than state law which only serve to confuse or entrap law-abiding citizens traveling within or through the state. Preemption ensures citizens can expect consistent enforcement of state knife laws everywhere in the state.

Two Texas cities made Knife Rights' 10 Worst Anti-Knife Cities in America list for 2014, San Antonio at number four and Corpus Christi at number nine. San Antonio prohibits carry of all locking-blade folding knives except on the job. There's no local restriction on fixed blade knives. In Corpus Christi it is illegal to carry any fixed blade knife or to carry a folder with a blade longer than 3-inches except when actually in use on the job.

HB 905 will repeal these local ordinances and ensure that the repeal of the Texas ban on switchblade (automatic) knives that Knife Rights passed last session will now be the law throughout Texas.

Knife Rights passed the nation's first Knife Law Preemption bill in Arizona in 2010 and has since passed preemption bills in Alaska, Georgia, Kansas, New Hampshire, Oklahoma, Tennessee and Utah.

Unfortunately, Knife Rights' Comprehensive Knife Ban Repeal bill, HB 3884, that would have repealed the remaining "illegal knives" in Texas statute failed to be voted on by deadline in the Senate.

HB 3884 was passed by the House unanimously and passed out of Chairman Whitmire's Senate Criminal Justice committee unanimously, and placed on the Local and Uncontested Calendar. Then Sen. Whitmire, who sponsored HB 3884 for us in the Senate, quietly and inexplicably yanked the bill from the Local and Uncontested Calendar without notice in an apparent last-minute political spat with our primary bill sponsor having nothing to do with our bill.

We are extremely disappointed by Chairman Whitmire's disregard for his constituents in Texas who will continue to deal with Texas' irrational knife restrictions. We will be back again to get these archaic restrictions repealed in the next session (2 years), in the meantime Texas will remain far less free than their outsized reputation suggests.


May 26, 2015: Knife Right's Knife Law Preemption bill, HB 905, has been passed and it on to the Governor BUT, Knife Rights' lobbyist just found out that Chairman Whitmire inexplicably withdrew HB 3884 from the Local and Uncontested Calendar after it passed his committee unanimously under his sponsorship! This is a political dirty trick he's pulled and you need to tell him to get the bill heard right away!

The Texas Senate will be working on Wednesday, but that's the deadline to get this done. CALL NOW and ask Chairman John Whitmire to request a floor vote on HB 3884 ASAP!

Phone: 512-463-0115
john.whitmire@senate.state.tx.us


May 23, 2015: Knife Rights' bill to repeal the ban on "illegal knives" in Texas, HB 3884, and Knife Right's Knife Law Preemption bill, HB 905, have been passed out of the Criminal Justice committee unanimously with a favorable recommendation and both have been placed on the Local and Consent Calendar (meaning that absent some objection, they will be voted on by the full House as part of a package of non-controversial bills). There could still be a hiccup and Knife Rights' Director of legislative Affairs, Todd Rathner, is staying in Austin until they get voted on by the full Senate which should be later this week week (they were already passed by the House).

Preemption repeals and prevents local ordinances more restrictive than state law which only serve to confuse or entrap law-abiding citizens traveling within or through the state. Preemption ensures citizens can expect consistent enforcement of state knife laws everywhere in the state.

Two Texas cities made Knife Rights' 10 Worst Anti-Knife Cities in America list for 2014, San Antonio at number four and Corpus Christi at number nine. San Antonio prohibits carry of all locking-blade folding knives except on the job. There's no local restriction on fixed blade knives. In Corpus Christi it is illegal to carry any fixed blade knife or to carry a folder with a blade longer than 3-inches except when actually in use on the job.


May 18, 2015: Knife Rights' bill to repeal the ban on "illegal knives" in Texas, HB 3884, has just been assigned to the Senate Committee on Criminal Justice. Now both HB 3884 and HB 905 are in the same committee. Time is short and we need your help to get this bill heard and passed out of this committee.

If you live, work or travel in Texas, we need you to ask Chairman Whitmire to hear HB 3884 and HB 905 as soon as possible and we need you to also CALL and WRITE the committee members and politely ask them to support HB 3884. Click on "Read More >>>>" below for a list of committee members with contacts.

Ask Chairman John Whitmire to please hear HB 3884 and HB 905) as soon as possible and to please vote for a "do pass" recommendation.
Phone: 512-463-0115
john.whitmire@senate.state.tx.us

Ask the rest of the Senate Committee on Criminal Justice to please vote for a "do pass" recommendation on HB 3884 and HB 905. That's it; keep it short and to the point!

Sen. Joan Huffman 512-463-0117 joan.huffman@senate.state.tx.us
Sen. Konni Burton 512-463-0110 No Direct Email Available - CALL or use email form at: http://www.senate.state.tx.us/75r/senate/members/dist10/dist10.htm
Sen. Brandon Creighton 512-463-0104 brandon.creighton@senate.state.tx.us
Sen. Juan Hinojosa 512-463-0120 juan.hinojosa@senate.state.tx.us
Sen. José Menéndez 512-463-0126 jose.menendez@senate.state.tx.us
Sen. Charles Perry 512-463-0128 charles.perry@senate.state.tx.us

HB 3884, together with Knife Rights' Texas Knife Law Preemption Bill, HB 905, would comprehensively overhaul Texas knife law, ensuring that the new freedoms will be enjoyed by all the citizens of Texas. In 2013 Knife Rights led the repeal of Texas' switchblade ban. These bills would finish Knife Rights' overhaul of Texas knife law.


May 15, 2015: Knife Rights' bill to repeal the ban on "illegal knives" in Texas, HB 3884, has been passed by the full House. It now moves to the Senate.

In the Senate, HB 3884 will join Knife Rights' Texas Knife Law Preemption Bill, HB 905, which passed the House earlier. Together, these bills would comprehensively overhaul Texas knife law, ensuring that the new freedoms will be enjoyed by all the citizens of Texas. In 2013 Knife Rights led the repeal of Texas' switchblade ban. These bills will finish Knife Rights' overhaul of Texas knife law.


May 7, 2015: Knife Rights' bill to repeal the ban on "illegal knives" in Texas, HB 3884, has been unanimously voted out of the House Criminal Jurisprudence Committee and was recommended to be placed on the Local and Consent Calendar for the full House to consider.

If you live work or travel in Texas, contact your Representative and ask them to "please vote in favor of HB 3884." Find your Representative at: http://www.house.state.tx.us/members/find-your-representative

HB 3884 was originally drafted to simply remove "illegal knives" from Texas statute. The original draft created a concern that the "illegal knives" on the list could now be possessed by minors and on school grounds.

In order to address those concerns, HB 3884 was amended with substitute bill text. It still eliminates the outright ban on the possession and carry of "illegal knives" in Texas, while continuing to regulate their possession by minors and in certain sensitive and narrowly defined areas. In addition, the penalty for these remaining restrictions has been reduced to a Class C misdemeanor, reducing the likelihood that a conviction results in a loss of civil rights, except where it involves a school, which remains a third degree felony.


March 27, 2015: Your calls and emails make a difference! House Criminal Jurisprudence Committee Chair Abel Herrero has placed HB 3884 on the agenda for this Wednesday's meeting. HB 3884 would repeal the ban on all "illegal knives" in Texas, including double edge blades, the 5.5-inch carry limit and prohibition on carrying a Bowie knife. The committee is scheduled to meet this Wednesday at 10:30 AM.

If you live, work or travel in Texas, we need your support. If you can attend and testify at the hearing in Austin on Wednesday, that would be great. If not, please CALL or EMAIL the committee members and politely ask them to "please vote YES on HB 3884." That's it, just keep your call or email short and to the point.

House Criminal Jurisprudence Committee

Rep. Abel Herrero - Chair (No need to contact again, we thank him for scheduling the hearing)
Rep. Joe Moody - Vice Chair (512) 463-0728 Joe.Moody@house.state.tx.us
Rep. Terry Canales (512) 463-0426 Terry.Canales@house.state.tx.us
Rep. Todd Hunter (512) 463-0672 No Direct Email Available - CALL or use email form at: http://www.house.state.tx.us/members/member-page/email/?district=32&session=84
Rep. Jeff Leach (512) 463-0544 Jeff.Leach@house.state.tx.us
Rep. Matt Shaheen (512) 463-0594 matt.shaheen@house.state.tx.us
Rep. David Simpson (512) 463-0750 david.simpson@house.state.tx.us

HB 3884, together with Knife Rights' Texas Knife Law Preemption Bill, HB 905, previously introduced, would comprehensively overhaul Texas knife law, ensuring that the new freedoms will be enjoyed by all the citizens of Texas. In 2013 Knife Rights led the repeal of Texas' switchblade ban. These bills will finish the overhaul of Texas knife law.


March 20, 2015: Knife Rights' bill to repeal the ban on prohibited knives in Texas needs your help. HB 3884 sponsored by Knife Rights friend Representative Harold Dutton needs to be heard as soon as possible in the Criminal Jurisprudence Committee.

The Chairman of the committee, Representative Abel Herrero, is a proven pro-Second Amendment legislator and we have no reason to believe he is holding the bill for philosophical reasons, but the clock is ticking and if the bill is not heard in committee very soon, it will end up dead for the session. In Texas that means two years before we can try again! Your calls and emails make a difference. Help us rid Texas of its irrational knife restrictions.

Here is what we need you to do:

Please call and email Representative Herrero and very politely request that he schedule a hearing for HB3884 at the next meeting of the House Criminal Jurisprudence Committee. Thank you.

Click "Read More >>>>" below for phone number and email and what to say and write to Rep. Herrero.

Phone 512-463-0462 and here is all you have to say:

"Hello, I am calling to ask Representative Herrero to please schedule HB 3884 for a hearing at the next meeting of the Criminal Jurisprudence Committee."

Then email him a similar message to Abel.Herrero@house.state.tx.us. Here is a sample email:

SUBJECT: Please Schedule HB 3884 for a Hearing

Dear Chairman Herrero,

I am writing to request that you schedule a hearing on HB 3884 for the next meeting of the House Criminal Jurisprudence Committee.

Thank you,

Your Name

That's it, that's all you have to do.

HB 3884, together with Knife Rights' Texas Knife Law Preemption Bill, HB 905, previously introduced by Rep. John Frullo, would comprehensively overhaul Texas knife law, ensuring that the new freedoms will be enjoyed by all the citizens of Texas.


strong>March 14, 2015: On Friday Texas State Representative Harold Dutton (D-5) introduced Knife Rights' Comprehensive Knife Ban Repeal Bill, HB 3884, which would repeal the ban on ALL so-called "illegal knives" listed in Texas statute.

You may recall that Rep. Dutton was Knife Rights' sponsor two years ago of the bill that successfully repealed the Texas ban on switchblade (automatic) knives. We are very pleased to be working with Rep. Dutton and his staff once again to remove the remaining irrational Texas knife restrictions, decriminalizing tools Americans use every day.

HB 3884, together with Knife Rights' Texas Knife Law Preemption Bill, HB 905, previously introduced by Rep. John Frullo, would comprehensively overhaul Texas knife law, ensuring that the new freedoms will be enjoyed by all the citizens of Texas.

Knife Rights will let you know as soon as it is appropriate to contact your legislators about this bill.

 
 
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