[Citadel99]

I'm in the Army so it's legal for me to own an auto knife right now, right? If it is, what happens when I get out--is it still legal because I bought it while in the Army or do I then have to sell it?

[brownie0486]

The autos are legal for you to carry IF your org unit issued it as standard equipment to the whole unit. At that, you are only allowed to carry it while actively on assignment, not in the civilian world, with the exception of a few states like Oregon.

Many think that military and LE can automatically carry these, they are wrong for the most part with few exceptions.

In my state, the cops think they are exempt from the auto restrictions, guess what? They are not and can't show me in 269-10b [ our dangerous weapons statutes ] where they are exempted.


Issued to the unit? On active duty on a mission? great
LE, issued to the dept. as a whole, great

Other than those scenarios, most will be restricted. There is no blanket exemption to LE or military personnel unlike the popular belief to the contrary.

Brownie

[hso]

There has always been a great deal of confusion about the legal selling, possession and carrying of switchblades since the “Hollywood Knife Ban” went into effect in the 50s. The laws vary from state to state and even within a given state. You may find that there is a prohibition against carry, but none against possession. A prohibition against selling, but none against possession and carry. Start at the state level and look up whether possession of a switchblade is prohibited (and if there are any exceptions like LEO and military while on duty). If possession is allowed, check if carry is prohibited (and if there are any exceptions like…). If the state doesn’t regulate possession and carry then you should look at the local statutes and find out if they have any possession or carry restrictions/prohibitions. If they don’t then the switchblade is treated as any other folder for regulatory purposes.

The perception that LE and Military are allowed to carry switchblades comes from the various repeats of text from the interstate commerce laws (15 and 18 USC) restricting sales of switchblades. These laws tried to effectively ban the business of switchblades by limiting interstate commerce to governmental, military, and LE purchasing agents. Not individuals, but the respective organization’s representative. If your commander or department wants to supply a letter authorizing one time purchase then you should be able to be classified as a one time purchasing agent. Most companies dealing in switchblade on the internet take the position that a valid LE, EMS, or Military ID can allow them to sell the switchblade to whoever supplied the ID. This is an incorrect interpretation of the law.

You may find that the PX is selling Benchmade switchblades. This doesn’t mean that you can carry them off the base or that the local commander will allow you to carry them either.

Your military status may not have any bearing on whether you may or may not possess or carry a switchblade. The local and state laws are all that matter. Former military status certainly has no bearing on whether you may or may not possess or carry a switchblade.

[Citadel99]

Thanks guys. Once again THR comes through as a great source of knowledge. It's still a bummer but better to be on the right side of the law.

Mark

[hso]

Mark,

If you're in FL then you're free to purchase and carry a auto just like any other folder. FL is one of the friendly states (for those of you that haven't heard the crazy ballistic knife interpretation has finally been killked).

[Citadel99]

hso,

I'm in FL for leave right now and the off to Ft. Gordon in Augusta, GA, for four months and then onto Ft. Bragg. I do have both the FL and GA CCW though. I'll have to see about getting one for North Carolina when I get up that way...

Here in FL with a the permit I can carry pretty much whatever I want barring bombs.

Mark

[Drjones]

There is no blanket exemption to LE or military personnel unlike the popular belief to the contrary. I did not know that!


You may find that there is a prohibition against carry, but none against possession. A prohibition against selling, but none against possession and carry. Yes. For example, autos and balisongs are legal to posess in CA, illegal to carry, and stores do not (cannot?) sell them in CA.

[cookhj]

el cid, i have a benchmade AFO that i sometimes carry to drill and i have never had anything said to me by either the staff or officers, and most of them have seen it. in virginia, according to the law, if you are in the military, you can carry as long as it's in the performance of your duties. so if you're out in the field, etc, you'll be fine. my father is a state trooper and an auto knife collector, so he's told me all the rules involving the ownership of on. in VA at least. hope you can come to the VMI vs Cit game in charlotte this year, it was a blast last year!

[Boats]

Autos are overrated anyways. I live in Oregon and can own and carry any auto knife on the market, but most of them make me yawn.

[Don Gwinn]

Legally, there's no exemption, but not all knife dealers know this. The owner of Grand Prairie Knives in Troy got into a lot of trouble selling autos to St. Louis area police officers--many of whom had official-looking permission letters on department letterhead, but not from exactly the right people in their departments.

Just be careful. You might check into Georgia law, though. According to Tactical Knives in 1998, Georgia allows possession of switchblades, just not carry. Florida allows both. So if you think you'll end up in Florida when your enlistment is up, I say go ahead and pick up as many switchblades as you want. When you get to Florida, you can carry 'em or whatever you want.

[hso]

Check this out - http://www.amatecon.com/switchblade.html

It indicates that possession, but not carry, is legal in GA and that possession and carry is legal in NC. The restriction is that you may not carry concealed. The way some folks in NC commonly deal with this is a belt sheath for their autos.

You carry permit is not relevant when it comes to switchblades. A KY permit is a weapons permit and would allow someone in KY to carry a Detonics .45, a 8 inch Arkansas Toothpick, and a switchblade in the state. Come to TN where reciprocity exists and you may carry the handgun, but neither knives would be legal to carry.

Don't assume that a carry permit in one state translates word for word in another state. Often all that it means is that you may carry a handgun.

[Sir Galahad]

Citadel, trust me, don't waste the money on an auto. It's a gadget. I wouldn't steer you wrong. It's me, Kevan. That .45/70 is all the great shooter I said it is, isn't it?:D Well, check this out. With a folder, you will love a Benchmade AFCK. This thing opens fast two ways. You can open it fast by holding the Axis lock button back and flipping it open. Or you can kick it into warp drive and do the "Brownie pop" (I'm sure Brownie or Bruz would be happy to explain that via email to a fine young soldier as yourself. By the way, why Signal Corps??? Why not Ordnance?:D ) This knife is just plain what a folder should be. This is my permanent every day carry knife now. Blade is D2 tool steel. Handle fits great. It even has the Spyderco hole for opening that way, too. Knife is built to last. Has a finger cutout on the handle so your hand doesn't slide on to the blade during a thrust. Comes out of the box straight razor sharp. I'm telling you, a barber could shave the back of your neck with this thing and you'd never know the difference between it and a straight razor (well, providing there are still barbers that actually use straight razors.) Benchmade has a lifetime warranty and it's worth every cent. New Graham Knives will get one right to your door in about three days at a great price. You buy this knife, all the others you buy will just be au jus because this one is all prime rib, baby! :evil: