I. Defining the Weapon (Texas Penal Code § 46.01)
Knife Under 5.5 Inches Karmelo Case
NOT a “Location-Restricted Knife”: The law defines a “location-restricted knife” as a knife with a blade over five and one-half inches. Since your knife is under 5.5 inches, it is not categorized as such a weapon under this definition.
Location-Restricted Knife (5.5+ Inches)
IS a “Location-Restricted Knife”: Defined as a knife with a blade over five and one-half inches.
Firearms/Prohibited Weapons (e.g., Guns, Clubs)
Prohibited Weapon: Includes items like firearms, clubs, explosive weapons, or machine guns, which are generally prohibited or restricted by statute.
Legal Authority & Citation
Texas Penal Code § 46.01(6), (7).
II. Criminality on School Premises (Texas Penal Code § 46.03(a)(1) & § 46.03(g-1))
Knife Under 5.5 Inches Karmelo Case
NOT a Criminal Felony (Generally Lawful Possession): Possession on school premises does not constitute the third-degree felony offense defined in § 46.03(a)(1) because the object is not a “firearm, location-restricted knife, club, or prohibited weapon” listed.
Location-Restricted Knife (5.5+ Inches)
CRIMINAL FELONY (Mandatory Prohibition): Possessing a location-restricted knife (blade over 5.5 inches) on school premises is a felony of the third degree.
Firearms/Prohibited Weapons (e.g., Guns, Clubs)
CRIMINAL FELONY: Possession of a firearm, club, or other prohibited weapon listed in § 46.05(a) is a felony of the third degree.
Legal Authority & Citation
Texas Penal Code § 46.03(a)(1), § 46.03(g), § 46.03(g-1).
III. Consequences of Possession Under State Law (Knife under 5.5 inches)
Knife Under 5.5 Inches Karmelo Case
NO Felony Charge: The item does not trigger the high-level criminal penalties associated with carrying banned weapons on campus.
Location-Restricted Knife (5.5+ Inches)
Criminal Arrest/Prosecution: Subject to criminal charges (third-degree felony).
Firearms/Prohibited Weapons (e.g., Guns, Clubs)
Criminal Arrest/Prosecution: Subject to criminal charges (third-degree felony).
Legal Authority & Citation
Texas Penal Code § 46.03(g-1).
IV. School District Authority (Texas Education Code § 37.102)
Knife Under 5.5 Inches Karmelo Case
Subject to School Policy/Discipline: The law grants the board of trustees authority to adopt rules for the safety and welfare of students, employees, and property. This allows them to regulate or prohibit items, including small knives, even if not criminally illegal.
Location-Restricted Knife (5.5+ Inches)
Subject to School Policy/Discipline: In addition to criminal penalties, the school may impose disciplinary action (e.g., suspension or expulsion).
Firearms/Prohibited Weapons (e.g., Guns, Clubs)
Subject to Mandatory Expulsion/Discipline: State law requires local educational agencies to expel students who bring a firearm to school for at least one year (unless modified by the chief administrative officer).
Legal Authority & Citation
Texas Education Code § 37.102(a); Gun-Free Schools Act, 20 U.S.C. § 7151(b)(1).
V. The Law vs. Policy Principle (Preemption)
Knife Under 5.5 Inches Karmelo Case
No Direct Conflict (Policy Governs Conduct): State criminal law defines the line for prosecution (5.5 inches). Below that line, state law is silent regarding criminal possession, meaning the local school policy can establish stricter rules governing student conduct (disciplinary policy) without conflicting with the state’s criminal definition.
Location-Restricted Knife (5.5+ Inches)
Direct Conflict/Law Trumps Policy (Criminality): If the policy allowed possession of an over-5.5-inch knife, the state law (felony) would trump the policy.
Firearms/Prohibited Weapons (e.g., Guns, Clubs)
Law Trumps Policy (Mandatory Punishment): For firearms, state law (driven by Federal law) mandates minimum expulsion for possession.
Legal Authority & Citation
Texas Penal Code § 46.03; Texas Education Code § 37.102; 18 U.S.C. § 927.
| In summary, when someone argues you are "wrong" about the knife: |
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Possessing a knife with a blade under 5.5 inches does NOT subject you to criminal penalties under Texas Penal Code § 46.03 for carrying a prohibited weapon on school grounds, because it is not defined as a “location-restricted knife”. |
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However, the person arguing with you may be correct that you are violating school rules, which the school district is legally empowered to create for the safety and welfare of the campus. The school is free to enforce its own policies banning any blade length through internal discipline, such as suspension or removal, even if law enforcement cannot file a felony charge. |
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The federal framework, such as the Gun-Free Schools Act, focuses primarily on firearms, mandating expulsion for their possession on school grounds, but does NOT dictate state law on small knives. |