TheDutchman
Member
Yeah my Buddy had a Kershaw when pulled over and was threw in Jail by a DPS Trooper for a illegal switchblade.
Texas Knife Law Danger
- Thread starter Lone Star
- Start date
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CentralTexas
Member
So what happened?
"Yeah my Buddy had a Kershaw when pulled over and was threw in Jail by a DPS Trooper for a illegal switchblade"
"Yeah my Buddy had a Kershaw when pulled over and was threw in Jail by a DPS Trooper for a illegal switchblade"
The switchblade issue became a cause celebre in the 1950's, when New York street punks, mainly non-white, became a serious threat on the streets of that "sainted" city. As ever, politicians and the media rushed to blame objects rather than low class social types with homicidal attitudes.
As I recall, it was Demo senator Estes Kefauver who introduced the Federal switchblade law, which became effective about 1957. I was very young, but recall seeing this in the news then, and have seen some material about it since in the knife magazines.
Following the Federal act, many states and localities also passed switchblade bans. They weren't thinking of the one-armed farmer who might use one to open a sack of animal feed, but of the racial stereotype of "typical" switchblade users. Decent white people didn't usually carry them, so they must be evil.
Other knife laws used similar "reason", I'm sure. And knife owners have never banded together as a sort of NRA. There has been an American Knife and Tool Manufacturers Institute organization that has done some good in the past few years, but it has nowhere near the membership or clout of the NRA. Knife owners need to become much more politically active, or the situation is going to get much worse, as it has in Britain. 9-11 caused a furor in where knives can be carried, and it has done the cutlery industry and the concept of individual freedom serious damage. Bin Laden won that round. He impacted our society in a way that cost us much of our freedom of movement in airports and other public places, and made anyone with a pocketknife a potential thug or terrorist in the public eye. It's time to strike back. Let your politicians know, and if the local zoo or museum bans knives, tell them that you will find something else to do with your time and money. (Don't mention switchblades, but say that you won't go where your ordinary pocketknife isn't accepted.)
Lone Star
As I recall, it was Demo senator Estes Kefauver who introduced the Federal switchblade law, which became effective about 1957. I was very young, but recall seeing this in the news then, and have seen some material about it since in the knife magazines.
Following the Federal act, many states and localities also passed switchblade bans. They weren't thinking of the one-armed farmer who might use one to open a sack of animal feed, but of the racial stereotype of "typical" switchblade users. Decent white people didn't usually carry them, so they must be evil.
Other knife laws used similar "reason", I'm sure. And knife owners have never banded together as a sort of NRA. There has been an American Knife and Tool Manufacturers Institute organization that has done some good in the past few years, but it has nowhere near the membership or clout of the NRA. Knife owners need to become much more politically active, or the situation is going to get much worse, as it has in Britain. 9-11 caused a furor in where knives can be carried, and it has done the cutlery industry and the concept of individual freedom serious damage. Bin Laden won that round. He impacted our society in a way that cost us much of our freedom of movement in airports and other public places, and made anyone with a pocketknife a potential thug or terrorist in the public eye. It's time to strike back. Let your politicians know, and if the local zoo or museum bans knives, tell them that you will find something else to do with your time and money. (Don't mention switchblades, but say that you won't go where your ordinary pocketknife isn't accepted.)
Lone Star
Art Eatman
Moderator In Memoriam
TheDutchman: "Most laws in Texas are Loosely Defined in favor of Law enforcement mostly in dealing with minorities since most of the laws where made in the 40's, 50's and 60's."
is not correct. The entire Criminal Code was rewritten in the late 1970s. (Given the way I lose track of decades, it might have been the early 1980s.
)
GhostRider66, I'm a bit dubious about your Bowie knife rumor, since it's pretty well accepted that such a blade would be at least 10" to 12".
Lone Star, I think it's still written in the law (once was, anyway) that a one-armed person is not prohibited from carrying a switchblade.
Art
is not correct. The entire Criminal Code was rewritten in the late 1970s. (Given the way I lose track of decades, it might have been the early 1980s.
)GhostRider66, I'm a bit dubious about your Bowie knife rumor, since it's pretty well accepted that such a blade would be at least 10" to 12".
Lone Star, I think it's still written in the law (once was, anyway) that a one-armed person is not prohibited from carrying a switchblade.
Art
What with "over 5 1/2" blade" and "swords" being illegal, where does this leave a machete?
I carry a machete in the tool box of my pickup 90% of the time. It is used for everything from cutting brush to opening up game. Since it is usually locked in a tool box, it is highly unlikely that it would ever be a problem, but anyone ever heard of an issue w/a machete?
By the way, the exclusion for hunters on or between hunting property and home leaves you in jeopardy if you happen to use a circuitous route when apprehended. The same clause appeared in the handgun statutes but if you "did not take the most direct route", this was not a defense.
Regards,
hps
I carry a machete in the tool box of my pickup 90% of the time. It is used for everything from cutting brush to opening up game. Since it is usually locked in a tool box, it is highly unlikely that it would ever be a problem, but anyone ever heard of an issue w/a machete?
By the way, the exclusion for hunters on or between hunting property and home leaves you in jeopardy if you happen to use a circuitous route when apprehended. The same clause appeared in the handgun statutes but if you "did not take the most direct route", this was not a defense.
Regards,
hps
The language in texas laws has changed over the years. In the past they used the words " designed, made or modified for purposes of offense or defense." as one part of the definition of Illegal Knife. There is kind of a common law thingy that if a blade is double edged it is a n illegal COMBAT! KNIFE!.
At one time buck 110s were illegal because they were lock blade. The lock blade prohibition disappeared out of the penal code in 1979. Switchblades are defined as having a button on the handle to actuate the assisted opening. the new designs that spring open after a nudge on the blade are apparently legal.
At one time buck 110s were illegal because they were lock blade. The lock blade prohibition disappeared out of the penal code in 1979. Switchblades are defined as having a button on the handle to actuate the assisted opening. the new designs that spring open after a nudge on the blade are apparently legal.
Partyguy816
Member
- Joined
- Oct 5, 2004
- Messages
- 167
They have a knife made by Boker that has a button on the side of the handle. I don't see where it says it's a switchblade. Does anyone know if this is illegal? I'd assume it is.
TheDutchman
Member
He was pulled over for out of date tags at 12:00am on %th and Rio Grande area. Then the Trooper racked the charges up on him for DWI, which the DA Dismissed. However his stupid Lawyer made him plead no contest to the knife charge. :banghead:
Spreadfire Arms
Member
- Joined
- Feb 23, 2005
- Messages
- 1,312
http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.010.00.000046.00.htm
states the TX law was ratified in 1973.
§ 46.01. DEFINITIONS. In this chapter:
(1) "Club" means an instrument that is specially
designed, made, or adapted for the purpose of inflicting serious
bodily injury or death by striking a person with the instrument, and
includes but is not limited to the following:
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk.
(2) "Explosive weapon" means any explosive or
incendiary bomb, grenade, rocket, or mine, that is designed, made,
or adapted for the purpose of inflicting serious bodily injury,
death, or substantial property damage, or for the principal purpose
of causing such a loud report as to cause undue public alarm or
terror, and includes a device designed, made, or adapted for
delivery or shooting an explosive weapon.
(3) "Firearm" means any device designed, made, or
adapted to expel a projectile through a barrel by using the energy
generated by an explosion or burning substance or any device
readily convertible to that use. 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
(B) 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.
(4) "Firearm silencer" means any device designed,
made, or adapted to muffle the report of a firearm.
(5) "Handgun" means any firearm that is designed,
made, or adapted to be fired with one hand.
(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half
inches;
(B) hand instrument designed to cut or stab
another by being thrown;
(C) dagger, including but not limited to a dirk,
stilletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
(7) "Knife" means any bladed hand instrument that is
capable of inflicting serious bodily injury or death by cutting or
stabbing a person with the instrument.
(8) "Knuckles" means any instrument that consists of
finger rings or guards made of a hard substance and that is
designed, made, or adapted for the purpose of inflicting serious
bodily injury or death by striking a person with a fist enclosed in
the knuckles.
(9) "Machine gun" means any firearm that is capable of
shooting more than two shots automatically, without manual
reloading, by a single function of the trigger.
(10) "Short-barrel firearm" means a rifle with a
barrel length of less than 16 inches or a shotgun with a barrel
length of less than 18 inches, or any weapon made from a shotgun or
rifle if, as altered, it has an overall length of less than 26
inches.
(11) "Switchblade knife" means any knife that has a
blade that folds, closes, or retracts into the handle or sheath, and
that:
(A) opens automatically by pressure applied to a
button or other device located on the handle; or
(B) opens or releases a blade from the handle or
sheath by the force of gravity or by the application of centrifugal
force.
(12) "Armor-piercing ammunition" means handgun
ammunition that is designed primarily for the purpose of
penetrating metal or body armor and to be used principally in
pistols and revolvers.
(13) "Hoax bomb" means a device that:
(A) reasonably appears to be an explosive or
incendiary device; or
(B) by its design causes alarm or reaction of any
type by an official of a public safety agency or a volunteer agency
organized to deal with emergencies.
(14) "Chemical dispensing device" means a device,
other than a small chemical dispenser sold commercially for
personal protection, that is designed, made, or adapted for the
purpose of dispensing a substance capable of causing an adverse
psychological or physiological effect on a human being.
(15) "Racetrack" has the meaning assigned that term by
the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
(16) "Zip gun" means a device or combination of
devices that was not originally a firearm and is adapted to expel a
projectile through a smooth-bore or rifled-bore barrel by using the
energy generated by an explosion or burning substance.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 917, ch. 342, § 13, eff.
Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, § 1, eff.
Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. 852, § 1, eff.
Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, § 5.01(a)(46),
eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 749, § 1, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 229, § 1, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1999, 76th Leg., ch. 1445, § 1, eff. Sept. 1, 1999.
states the TX law was ratified in 1973.
§ 46.01. DEFINITIONS. In this chapter:
(1) "Club" means an instrument that is specially
designed, made, or adapted for the purpose of inflicting serious
bodily injury or death by striking a person with the instrument, and
includes but is not limited to the following:
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk.
(2) "Explosive weapon" means any explosive or
incendiary bomb, grenade, rocket, or mine, that is designed, made,
or adapted for the purpose of inflicting serious bodily injury,
death, or substantial property damage, or for the principal purpose
of causing such a loud report as to cause undue public alarm or
terror, and includes a device designed, made, or adapted for
delivery or shooting an explosive weapon.
(3) "Firearm" means any device designed, made, or
adapted to expel a projectile through a barrel by using the energy
generated by an explosion or burning substance or any device
readily convertible to that use. 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
(B) 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.
(4) "Firearm silencer" means any device designed,
made, or adapted to muffle the report of a firearm.
(5) "Handgun" means any firearm that is designed,
made, or adapted to be fired with one hand.
(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half
inches;
(B) hand instrument designed to cut or stab
another by being thrown;
(C) dagger, including but not limited to a dirk,
stilletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
(7) "Knife" means any bladed hand instrument that is
capable of inflicting serious bodily injury or death by cutting or
stabbing a person with the instrument.
(8) "Knuckles" means any instrument that consists of
finger rings or guards made of a hard substance and that is
designed, made, or adapted for the purpose of inflicting serious
bodily injury or death by striking a person with a fist enclosed in
the knuckles.
(9) "Machine gun" means any firearm that is capable of
shooting more than two shots automatically, without manual
reloading, by a single function of the trigger.
(10) "Short-barrel firearm" means a rifle with a
barrel length of less than 16 inches or a shotgun with a barrel
length of less than 18 inches, or any weapon made from a shotgun or
rifle if, as altered, it has an overall length of less than 26
inches.
(11) "Switchblade knife" means any knife that has a
blade that folds, closes, or retracts into the handle or sheath, and
that:
(A) opens automatically by pressure applied to a
button or other device located on the handle; or
(B) opens or releases a blade from the handle or
sheath by the force of gravity or by the application of centrifugal
force.
(12) "Armor-piercing ammunition" means handgun
ammunition that is designed primarily for the purpose of
penetrating metal or body armor and to be used principally in
pistols and revolvers.
(13) "Hoax bomb" means a device that:
(A) reasonably appears to be an explosive or
incendiary device; or
(B) by its design causes alarm or reaction of any
type by an official of a public safety agency or a volunteer agency
organized to deal with emergencies.
(14) "Chemical dispensing device" means a device,
other than a small chemical dispenser sold commercially for
personal protection, that is designed, made, or adapted for the
purpose of dispensing a substance capable of causing an adverse
psychological or physiological effect on a human being.
(15) "Racetrack" has the meaning assigned that term by
the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
(16) "Zip gun" means a device or combination of
devices that was not originally a firearm and is adapted to expel a
projectile through a smooth-bore or rifled-bore barrel by using the
energy generated by an explosion or burning substance.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 917, ch. 342, § 13, eff.
Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, § 1, eff.
Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. 852, § 1, eff.
Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, § 5.01(a)(46),
eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 749, § 1, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 229, § 1, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1999, 76th Leg., ch. 1445, § 1, eff. Sept. 1, 1999.
TX law vs reality?
So then, is this knife legal in TX?
The kershaw Ken Onion 1660 CKT:
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2268704831&category=63796
(also attached)
It is Index Opening, which the company describes as:
"Is a Speed-Safe knife a switchblade?
There are many unique features of Speed-Safe knives that make them quite different than knives that are considered switchblades.
Unlike a switchblade, Speed-Safe blades NO NOT deploy with the push of a button in the handle or by gravity alone.
Instead, the user must manually overcome the torsion bar''s resistance- using the thumb stud or Index-Open protrusion on the blade itself-in order to engage the Speed-Safe system.
Because the user must manually overcome the torsion bar''s resistance, Speed-Safe knives fall fully outside the Federal definition of a switchblade.
However, due to the complexity and constantly changing nature of these laws and regulations, it is impossible for Kershaw Knives to be aware of every restriction on every location in which our knives are sold or carried. It is the responsibility of the buyer to investigate and comply with the laws and regulations that apply to their specific area. At Kershaw, we are proud to be able to offer this convenient, secure technology. "
So it opens with one hand, using the little "button"- really the protrusion as noted above, and could confuse an officer I suppose. So is it legal or not?
And more importantly, now that this issue has come to the forefront: has any progress been made to rectifying it legislatively?
C-
So then, is this knife legal in TX?
The kershaw Ken Onion 1660 CKT:
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2268704831&category=63796
(also attached)
It is Index Opening, which the company describes as:
"Is a Speed-Safe knife a switchblade?
There are many unique features of Speed-Safe knives that make them quite different than knives that are considered switchblades.
Unlike a switchblade, Speed-Safe blades NO NOT deploy with the push of a button in the handle or by gravity alone.
Instead, the user must manually overcome the torsion bar''s resistance- using the thumb stud or Index-Open protrusion on the blade itself-in order to engage the Speed-Safe system.
Because the user must manually overcome the torsion bar''s resistance, Speed-Safe knives fall fully outside the Federal definition of a switchblade.
However, due to the complexity and constantly changing nature of these laws and regulations, it is impossible for Kershaw Knives to be aware of every restriction on every location in which our knives are sold or carried. It is the responsibility of the buyer to investigate and comply with the laws and regulations that apply to their specific area. At Kershaw, we are proud to be able to offer this convenient, secure technology. "
So it opens with one hand, using the little "button"- really the protrusion as noted above, and could confuse an officer I suppose. So is it legal or not?
And more importantly, now that this issue has come to the forefront: has any progress been made to rectifying it legislatively?
C-
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