What Are Balisong Knives
Understanding Texas Balisong Laws: Everything You Need to Know
Many knife owners are interested in learning more about their state’s laws regarding the carry, ownership, and purchase of certain types of knives. This is especially true for those who own or seek to buy a type of knife known as Balisong or butterfly knives.
Balisong knives, which are also referred to as butterfly knives, are characterized by their distinctive pivoted blade that folds into their handle. Although the Balisong is named after the Filipino town of Baliuag, its origins can actually be more accurately traced to France, where it was referred to as the "Batonet de Lame Tourne" or "Batonet" for short. In fact, Balisong is now the name of a town in the Philippines , as well.
The Balisong was brought to the Philippines in the 1800s, where it quickly became a common tool among Filipino farmers and eventually became a popular combat weapon known for its speed and capability for quick, dazzling tricks. It only became legal to sell Balisongs in the Philippines in the 1990s, while demand remained high.
Balisong knives typically take one of two forms: the first features a vertical handle where one end is folded around the other, and the second features a horizontal handle that wraps around the other parts of the knife. They are generally made of two separate metal sections and a metal blade. Most commercial knives feature a latch or other type of mechanism that allows them to be opened and closed one-handed.
Texas Legal Definition of Balisong
The legal definition of a balisong is a knife that has two rotating handles that can be swung around a tang to expose its blade. This concept is important to keep in mind because it means that the average folding knife is not a real balisong. The Texas Penal Code offers this definition in the relevant section of the law.
A separately defined term in the law is a "gravity knife." This is a knife that the blade releases from the handle when the handle is positioned in an "upward or downward direction." That is an important distinction to know because it means that some folding knives with blades that incorporate a spring hinge are not considered illegal as long as they don’t lock in the open position.
The History Of The Law and Balisong Knives
The fascinating world of Texas Balisong Laws is not as simple as it seems. It has become generally acceptable for civilians to carry knives. In the State of Texas, no law independent of legislative history expressly states that the balisong falls under the category prohibiting switchblades and automatic knives, and the Texas courts have just bypassed the issue in 2 opinions involving folding knives. Only time will tell what direction the courts will eventually go. While the historic record is less than certain, it does offer insight into what the legislature may have in mind. In fact, the convoluted history suggests that the legislature may be open to the opinion of the courts and may yet adopt a more rational position.
Before 1950, a few Texas statutes regulated the sale and possession of certain types of knives. The enactment of the 1950 Penal Code (art. 1142-1143) restated the previous law but was by no means innovation. While these laws remained in effect for over 40 years, the list of prohibited knives did not include the balisong, pen or pocket knife. The first legislative action relating specifically to the balisong occurred during the 64th Legislature. At that time, the Committee on Criminal Jurisprudence prepared a bill that specifically prohibited "any dirk, dagger, or other knife, a razor, and a razor blade" from being sold or carried, but the bill did not specifically address the balisong. Some unknown individual or group, believing that the bill applied to the balisong, contacted the Committee Chair, Representative W. H. Pennybacker. On April 19, 1975, his committee bill was amended to include the classification of a balisong within the definition of "dagger." The amendment was not considered further, and the bill immediately passed the House by a vote of 144 to 0.
On May 5, 1975, the Committee introduced House Bill 1178 as an emergency bill to the Senate. The committee Chairman, Calvin L. Bustos, did not indicate he desired the balisong to be included in the bill, but the bill still imposed the same sentence as approved by the House for the sale, manufacture or possession of "any other knife or dagger, including a balisong knife, commonly referred to as a ‘hurricane knife’ or ‘star knife.’" The Senate version of the bill did not contain the emergency clause that the House included, however, and on May 7, 1975, the Senate passed the bill, incorporating it into art. 1338 of the New Texas Penal Code.
The legislative history does not indicate the reason why the term "balisong" was added. The exact same term was used in a 1969 bill, which did not pass. The term itself did not appear in the code until after the 1975 bill. No discussion or debate is recorded on the subject as the author had not presented testimony. Of particular interest is the question of whether the word "balinsong" (i.e., a misspelled homonym of "balisong") was added by an unknown hand to amend the original committee bill. In any event, the important point is that the legislature acted with a purpose to effectively ban the carrying of the balisong.
The legislature repeated this ban every two years after 1975. In 1995, new language was added to the ban imposed by the Legislature by deleting any reference to the "common parlance" of the balisong, a term that had never appeared in the Acts of the Legislature. Text of the new language is set out in § 46.01(3) and (11).
The Current Legal State of the Balisong In Texas
Balisong knives, commonly referred to as butterfly knives, have a complicated legal status in Texas. Still used for purposes other than just martial arts, i.e. for practical cleaning or skinning of small game, there is a growing need on the part of law enforcement for revision in the legal restrictions presently applied. Balisong knives are considered a tool as well as a weapon by law enforcement and legislators. They are still used primarily however, by martial artists and are an asset to their art form. Because of their unique folding design however and over time, this required the rethinking of their legal status in the State of Texas.
The 2017 legislation in Texas allowed for the unrestricted carrying of knives which include all balisong knives – although only October 1, 2017 when the law took effect. The new law states, "Knives" now include any bladed hand instrument as long as it has a blade less than or equal too 5.5 inches in length and includes any instrument designed, made, or adapted for the purpose of inflicting serious bodily injury or death by cutting or stabbing a person without regard to whether the instrument is capable of lethal harm. Items no longer prohibited for open carry, restricted carry, or concealed carry are:
Includes: knife, hand instrument, or a unique construction of metal, plastic, or other material which is supported with a long, folded handle (for example, butterfly knife, balisong knife, or fan knife)
Excludes: anything defined as a prohibited knife in the Texas Penal Code, as well as, any illegal knives or knives with blades more than 5.5 inches in length, daggers, dirks, stilettos, sword sticks, poniards, etc.
And, while the previous prohibitions textually appear to have been repealed by the new law and now refer to knives which are illegal to otherwise legally carry in the State of Texas, the relevant statutes in the Texas Penal Code were not amended at that time. Consequently, balisong knives, like switchblade knives remain illegal but may be carried without the limitations of a restricted knife. The problem is that law enforcement don’t know they are legal, and most simply refer to the line in the Penal Code where balisong knives are defined as illegal and make an arrest. That usually means jail time and consequences that include criminal conviction.
Because of the confusion regarding the legal rights of Texans to legally carry daggers, stiletto, poniards, and balisong knives in the State of Texas, legal interpretation of the statutes in the Texas Penal Code are required.
Penalties for Possessing a Balisong
As mentioned previously, a typical penalty for possession of an illegal knife such as a balisong is a Class A misdemeanor. A Class A misdemeanor comes with a maximum up-to-one-year term in jail and/or a fine up to $4,000. However, if you are in possession of an illegal knife while on school property , or on premises associated with a school (punishable by a minimum 90-day mandatory jail sentence), it gets a bit more serious.
Possession of an illegal knife at a sporting event, a fair or amusement park, or at a public or private youth camp is considered a third-degree felony. A third-degree felony means a term in prison between two and ten years.
Exceptions to The Balisong Ban
There are a few special circumstances and considerations that Texas Balisong laws take into account. First, while the law is pretty clear about what Balisong knives you can legally carry, the Texas Penal Code section 46.05 also makes exceptions for underage and adult students. First, 46.05(d)(1) specifically excludes students from the list of "illegal knife" possession, provided they are on school premises or grounds as part of a curricular or extracurricular activity.
That said, the law doesn’t define what "school grounds" are. The Texas Supreme Court has tried to narrow it down a little by determining that it means anything school-related such as an athletic field or any other property officially sanctioned or supported by a public unit of state or local government or otherwise used by public schools.
Another school-related exception, however, is for employees who have permission from the school’s administration to carry concealed handguns without having to obtain a handgun license. Though Balisong knives aren’t handguns, the law clarifies that employees with permission to carry concealed handguns are not prohibited from carrying other weapons, too.
However, 46.15(j) does not excuse carrying weapons, including Balisong knives, against the law in some situations. For instance, "… it is a defense to prosecution … if the actor proves by a preponderance of evidence that at the time of the commission of the offense, the actor was carrying the weapon listed … on the person’s own premises or premises under control of the person, unless the premises are a military installation."
By preponderance of evidence is court for "more likely than not." In other words, if you get busted with your Balisong when you’re staying with family or friends, you have to be able to prove you weren’t carrying the knife to commit an offense. If you’re caught near someone else’s property and you can’t prove you had permission to carry the knife or were otherwise authorized, you’re not getting off.
Also, a public servant is exempted from the handguns portion of the "unlawful carrying weapons" law in order to appropriately perform their duty. So if you’re an authorized and elected individual, you’re also exempt if you happen to be carrying a Balisong while performing your duties, provided no one can prove that you weren’t carrying the knife to commit a crime.
How to Remain Legally Compliant with Texas Balisong Laws
When it comes to remaining on the right side of the law, knowledge is power. Though the recommended best practices may come down to individual choice, it never hurts to err on the side of caution. Make sure to keep these simple rules in mind when carrying your balisong knife in Texas:
- When buying your balisong, regardless of style, you’ll want to do so through a reputable source. Not only will you be able to find authentic products with lasting quality that way, but you’ll also ensure that whoever you purchase from is licensed to sell knives in the state of Texas.
- Make sure that any balisong you’re taking around publicly is not in any way concealed—keep your blade exposed and in the open. Lots of Texas knife carriers prefer to have the knife clipped to their waistbands for easy access.
- Never ever forget to seek legal counsel if you or someone you know has been arrested or charged with any crime involving a balisong. By consulting an attorney, you’re getting professional advice on the steps you should be taking.
While all of the laws surrounding balisong in the state of Texas may seem confusing, at the end of the day, it’s essential to ensure that you understand your rights. Failure to do so can land you in hot water. With these simple precautions, you can rest assured that you’re doing what you can to stay legal while carrying your favorite knife.
A Comparison: The Balisong Law in Other States
As with all knife laws, the regulation of balisongs varies across individual states. Most states still ban knives like the balisong outright while others regulate them similarly to other folding knives. Some states, like lockblade examples, have largely removed any state-specific legal regulation by treating the balisong as an ordinary knife. In a few states, surprisingly few, balisongs are treated similarly to switchblades—requiring permits for ownership and prohibiting carry with few exceptions.
In Florida, for instance, balisongs do not have any state-specific regulation. Like most knives in Florida, all balisongs are treated as ordinary knives, meaning that there are generally no restrictions for carrying them. The exception, however, is their classification as dangerous weapons. A knife with a blade over four inches, like many balisongs, is generally considered dangerous. Thus, penalties for committing certain crimes, such as aggravated assault, are attached to carrying a dangerous weapon like a balisong. This is a relatively minor penalty enhancement though, especially compared to the prohibitions of other states.
Alabama, on the other hand, has significantly more stringent rules while still differentiating between example like lockblade knives. However , Alabama treats even those more similarly to switchblades. Balisongs with blades over four inches, for instance, are outlawed without proper licensing. Certain types of officials—including employees of prisons, prisoners, law enforcement officers, military personnel, and a handful of government employees—are excepted from the regulations on balisong possession. As one can see in the following sections, Alabama’s balisong regulations are somewhat unique.
California, as compared to either Texas or Alabama, is considerably less restrictive when it comes to balisongs. Like lockblade knives, balisongs are merely classified by the total length of the knife. The reason for this is that California’s prohibition on switchblades only governs folding knives with blades under five and a half inches and where the carrying automatic mechanism is "released automatically by a spring mechanism, or other mechanical device, or by gravity or other inertial forces." As one can see that last clause essentially excludes the vast majority of balisongs. Additionally, there are very few restrictions on possessing knives in California at all. The only real restrictions are restrictions on concealed carry (without proper licensing) and those on classified weapons of a particularly dangerous nature.