Legality of this knife in texas

[txman321]

Ok I recently bought a gerber fast draw at walmart it is an assisted open knife and I have been reading that some people in texas have been getting arrrested for having assisted opening knives, Is it not legal here? I bought it IN texas at walmart and they said it is legal but what i read online says otherwise????


Would even a spyderco tenacious be considered illegal? You can open that "one handed" or whatever the texas law says its not assisted tho

here is a short video of it, can that be considered illegal???

http://www.youtube.com/watch?v=mDHlT12fx4I

 

[TiredOleMan]

I've read recent threads regarding "assisted-opening" knives, one stated that US Customs is trying to get ALL assisted opening knives banned.

 

[Deltaboy1984]

All the LEO's here in TX I have talked too have said they are OK.

 

[hso]

You can't get a reliable legal opinion from the internet (unless it says you can't get a reliable legal opinion from the internet).

Look up the TX state law and see how they define switchblades.

BTW, it almost doesn't matter what the law says since you can be arrested and charged on a misunderstanding of the letter of the law.

 

[auschip]

I stopped carrying an assisted opening knife after the Thomas ruling.

"In a nutshell, the Texas court ruled in 2007 in Thomas v. State that a student carrying an assisted-opening knife on the premises of an educational institution was not only guilty of carrying a prohibited weapon, but, on appeal, the court sustained the conviction and also ruled that the “prohibited weapon” in question is a switchblade."

 

[glistam]

I think I know what you are talking about. It's related to the Atkins et al v. KAI USA, Ltd. et al case.

Full document: http://www.courthousenews.com/2009/01/08/Switchblades.pdf

To sum it up, this is a group of lawyers in Texas of as-yet-unknown motive who are suing all the major retailers in Texas for selling "switchblades." It was only filed this past January and I have no word on any progress yet. Could be years before we hear anything.

But, the plaintiffs in that case quote a criminal case from 2007 wherein a three judge panel (all female, let it be so entered into the record) ruled that a kershaw AO was a switchblade. More infuriating was the testimony of the arresting officer George Ortiz, who applied immensely tortured logic about how "you can open a knife so quickly and go into an assault." I guess he'd never handled a fixed blade, the poor sap.

That being noted, this case appears isolated and it apparently was not widely published. I don't know about the prevailing attitude among Texas LEOs.

 

[Black Toe Knives]

Texas has redefined the Federal Law in the Texas court ruled in 2007 in Thomas v. State. I wouldn't carry an assisted open in Texas Either.

 

[Deltaboy1984]

wow I guess my little Kershaw AO will stay in my dresser for the time being.

Since we elect them in Texas we need to get these Silly Heifers off the Bench!!!



Opinion by: Rebecca Simmons, Justice



Sitting: Catherine Stone, Justice

Karen Angelini, Justice

Rebecca Simmons, Justice

 

[KBintheSLC]

I stopped carrying an assisted opening knife after the Thomas ruling.

"In a nutshell, the Texas court ruled in 2007 in Thomas v. State that a student carrying an assisted-opening knife on the premises of an educational institution was not only guilty of carrying a prohibited weapon, but, on appeal, the court sustained the conviction and also ruled that the “prohibited weapon” in question is a switchblade."

Amazing... I would expect such a ruling to come from CA, NY, IL, etc... but Texas??? Say it isn't so. For a State that prides itself on individual rights to self/property defense, this ruling is disturbing. Has the leftist tumor in Austin spread statewide?

 

[Dragk913]

Unless they have amended the Texas State Penal Code, I will continue carrying my Kershaw AO because under Tx State Law (Penal Code Chapter 46): a switchblade is " 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.

My Kershaw does NOT have a "button or other device" located on the handle.

 

[shiftyer1]

I went to court because a a butterfly knife. I was charged with posession of a switchblade. They changed the charge to posession of a dangerous weapon after I proved it was not a switchblade.

 

[FEG63ISFINE]

Just Crazy

I've never seen this kind of abuse from the great law makers in my 52 years. One day a toothpick will be illegal.

 

[Black Toe Knives]

DragK913
I wish it wasn't so. I carry a Kershaw Scallion everyday. They fought the definition of switchblade in Texas courts and lost. AO are now considered to be switchblades in Texas because of Thomas v. State 2007. Someone needs to tell Mr. Thomas that AO are legal in Texas.

Blade magazine had article few months back. Guy was in night classes he was carrying a assisted opening knife. He was arrested for having a switchblade. The Texas 2007 appellate upheld the ruling. Therefore assisted open knife is a switchblade. Thomas v. State 2007.

Here is link on AKTI
http://www.akti.org/legislation/tx-11-08notice.html