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TOPIC: norinco sks Norinco SKS w/ bayonet spike
#6325
norinco sks Norinco SKS w/ bayonet spike  
I recently bought this gun at a gun show in Houston.  It has a folding bayonet spike on it that came with it.  I assume it's orginal.  Is this legal to have in TEXAS?
 
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#6326
Jim Casey (Visitor)
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norinco sks Norinco SKS w/ bayonet spike  
I recently bought this gun at a gun show in Houston.  It has a folding bayonet spike on it that came with it.  I assume it's orginal.  Is this legal to have in TEXAS? I can't tell you beyond a shadow of a doubt that it's legal to own, but I know of no law that a rifle with a bayonet would violate. The bayonet by itself would be an illegal knife if the blade is longer than 5.5. inches, according to PC §46.01.  You could own it but not carry it on or about your person in public. Did you buy it from an FFL dealer?  They have a very strong incentive to stay within the law, especially at gun shows (10 years in the slammer). If you register with http://www.texaschlforum.com/, you might be able to get an answer from an actual lawyer. - Jim
 
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#6327
HeyBub (Visitor)
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norinco sks Norinco SKS w/ bayonet spike  
I recently bought this gun at a gun show in Houston.  It has a folding bayonet spike on it that came with it.  I assume it's orginal.  Is this legal to have in TEXAS? I can't tell you beyond a shadow of a doubt that it's legal to own, but I know of no law that a rifle with a bayonet would violate. The bayonet by itself would be an illegal knife if the blade is longer than 5.5. inches, according to PC §46.01.  You could own it but not carry it on or about your person in public. Unless, of course, you have a CHL and are carrying your pistol. Do they make bayonets for pistols?
 
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#6328
Jim Casey (Visitor)
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norinco sks Norinco SKS w/ bayonet spike  
Unless, of course, you have a CHL and are carrying your pistol. Do they make bayonets for pistols? Are you implying that a CHL allows you to carry what would otherwise be an illegal knife? I never understood it that way. Then there's that weird clause in PC §46.01(3): Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or ( a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition. If anyone can figure out what that means, they can legally carry one without a CHL. - Jim
 
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#6329
HeyBub (Visitor)
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norinco sks Norinco SKS w/ bayonet spike  
Unless, of course, you have a CHL and are carrying your pistol. Do they make bayonets for pistols? Are you implying that a CHL allows you to carry what would otherwise be an illegal knife? I never understood it that way. Then there's that weird clause in PC §46.01(3): [...] No, I'm not implying that a CHL allows you to carry an illegal knife; I'm asserting it as a fact. 46.01 is the Definitions section and does not define offenses. You have to read farther. 46.02 (a) A person commits an offense if he intentionally... carries on or about his person a handgun, illegal knife, or club. 46.15 NONAPPLICABILITY (b) Sections 46.02 does not apply to a person who: (6) is carrying a concealed handgun and a valid license ... to carry a concealed handgun... So, IF you have a CHL, AND are carrying your handgun, THEN the offenses listed in 46.02 do not apply to you.
 
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#6330
Jim Casey (Visitor)
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norinco sks Norinco SKS w/ bayonet spike  
So, IF you have a CHL, AND are carrying your handgun, THEN the offenses listed in 46.02 do not apply to you. You are right.  I doubt the legislature meant it that way, though. I wonder how many street cops would accept that interpretation without giving you a ride. - Jim
 
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