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Switchblades

Discussion in 'Non-Firearm Weapons' started by hso, Nov 8, 2009.

  1. IBEWBULL

    IBEWBULL Member

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    http://pweb.netcom.com/~brlevine/sta-law.htm#S-W

    State knife laws link is above. How up to date it is is the question.
    Also there are some really old laws out there.
    Norfolk Va has a law against lock blade knives. I was stopped in 1973 and told to put my Buck in my pocket not out for view in the pouch, and not bring it out in public again.
    "You can carry a sword but not a lock blade." Norfolk Police. I never had a problem with my M28 S&W and the Virginis police.
    Go figure ?
     
  2. old4x4

    old4x4 Member

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    All knife regulations have been rescinded including the ban on automatic knives in the state of NEW HAMPSHIRE as of the passing New Hampshire's "Knife Rights law" on May 18, 2010.
    My question is, can an auto knife be shipped from another state or do I have to buy one within NH? I'm not too clear about interpretation of the above stated law.
     
  3. Gary G23

    Gary G23 Member

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    "My question is, can an auto knife be shipped from another state or do I have to buy one within NH?"

    You should re-read the first post.

    "Federal law prohibits shipment of automatic knives across state lines, with the following exceptions:"

    Unless you are one of the exceptions it cannot be legally shipped from another state.
     
    Last edited: Jan 16, 2011
  4. old4x4

    old4x4 Member

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    Thx Gary...exactly what I what was looking for.
     
  5. hso

    hso Moderator Staff Member

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    The laws concerning shipping of switchblades applies to the shipper and not the recipient. The buyer can only violate the state or local laws. The seller/shipper can violate the Federal laws.
     
  6. Jim NE

    Jim NE Member

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    Knife laws are incredibly vague and confusing. I believe my state has a law that says something like "knives X, Y and Z are illegal...unless you're attacked and your life is in danger, then suddenly it's legal to have them."

    The old switchblade laws of the late '50's were really more symbolic than anything else. Switchblades aren't any more lethal than steak knives or many garden utensils, but the national authorities needed a law to crack down on the growing number of leather jacketed juvenile delinquints in 1958. The common denominator for many of these hoods was that they carried switchblades, so that was what they made the law about. I think it's really local and state laws that matter.

    There are companies currently operating that will send switchblades to basically any state in the union. This may give the customer the impression that it's legal to own them anywhere. This may not be the case, though they probably are legal in more places than most people realize.

    My favorite knife is purely legal - it's a modern Buck with a 3" locking blade that has a thumb tab for one-handed opening. The only difference between it and a switchblade is about a half a second (or less) openning time. And it's much sturdier than a stilletto and so light that you forget it's in your pocket. Truly a masterpiece of ergonomics.
     
  7. mcmurry

    mcmurry Member

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    My state (Arkansas) says that knives as weapons can only be carried on a journey. And that knives with a blade longer than 3 1/2 inches will automatically be considered as a weapon. So if I'm carrying my Benchmade automatic and I'm out of town, then I can claim to be on a journey. I think I will find a cop and ask!
     
  8. hso

    hso Moderator Staff Member

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    The police are NOT legal experts on relatively obscure points of law and asking them is not the sound advice it seems on the face of it.

    If you want a legal opinion that is meaningful get one for a city attorney or state AG.
     
  9. SeekHer

    SeekHer Member

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    BeachBum69 likes this.
  10. hso

    hso Moderator Staff Member

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    Thanks to the efforts of Knife Rights and the efforts made by the citizens of TN, come Monday when HB1883 passes on the House floor, TN will change from a "collector" state to a no restriction state for switchblade knives. Blade length restrictions will be removed also.

    KR has done the same for several states in the past couple of years.
     
  11. johnnylaw53

    johnnylaw53 Member

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    Switch blades are no longer out lawed In Texas. The code still tell you what a switch blade is but the unlawful carrying part mention Illeagle knives but a switch blade is not included in that definition. I belive this was done at the last legislature.

    Be safe
     
    Last edited: Jun 11, 2014
  12. hso

    hso Moderator Staff Member

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    Yep, KR did that last year, but they weren't able to get TX to pass preemption so each jurisdication can still have their own rule against. Know your local laws or get premption through your legislature so you're not an honest citizen where you work and a criminal where you shop or live.
     
  13. Tirod

    Tirod Member

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    "the national authorities needed a law to crack down on the growing number of leather jacketed juvenile delinquints in 1958."

    No, not really. At all. It was a campaign by Trumans speechwriter to make them illegal, and he wrote dozens of articles placed in women's magazines about the threat of armed gangs using switchblades to "have their way" with young women. Most of the writing had barely veiled descriptions of non white switchblade carriers and the thrust was racist.

    It was a test run for banning objects carried in American society and the successful result was to step up and start in on guns afterward. It had nothing to do with leather clad kids - that was Hollywood doing their part to demonize them. It can be said that the manipulation of the American public by a cabal of political operators and the media can be directly traced to this event.

    As for purchasing, it's a rat's nest of overlapping and confusing statutes. I carry a Ganzo 7212 daily, but for the sake of conversation I will omit how I purchased it. I do note that the USPS is helping, tho, as they have E Packet service direct from Hong Kong and once the mailer is put in the stream of incoming packages it's handled exactly as if it's normal. Having delivered rural mail I can say that I never heard of a Customs Agent overseeing the inspection of packages from overseas in the USPS and I have knowledge many are shipped and delivered straight to your mail box. Many USPS parcel shipments are handled by UPS and Fed EX for bulk transfer using their carriers, too. They drop off at the Post Office for final delivery - and it is put in your mailbox that way, too.

    There are literally millions of packages incoming from the Far East and for the most part Customs isn't sitting on them inspecting the contents and seizing them. What items I have purchased in the last 18 months have arrived in my mailbox in less time thru USPS than waiting in Hong Kong accumulating in a container.

    If we are to talk factually about buying blades please do so with actual knowledge of the subject. If anything the laws actually are protecting a privileged industry and helping them keep their prices up. It's protectionist more than prevention. I would worry more about USPS theft or loss than Customs intervention, and that guides how much I am willing to spend.
     
    Gordon likes this.
  14. hso

    hso Moderator Staff Member

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    Retail sales of switchblades from China don't interest Customs compared to shipping them to the U. S. in quantity for resale. There's no practicable way to deal with single sales transactions like those. No need for a conspiracy theory explanation.
     
  15. CoRoMo

    CoRoMo Member

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    They are illegal to own, possess, carry, handle, hold, touch, look at, and think about in the state of Colorado. Last I checked anyway.

    As soon as this state's legislature heads in the other direction, and once that direction produces a bill that might have a chance at undoing the 2013 gun control laws, I'll meet with some of the bill sponsors and ask that they include automatic knives in the liberation legislation. Because I can currently, legally carry a much more powerful weapon concealed on my person than a little automatic folder.
     
  16. BeachBum69

    BeachBum69 Member

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    North Carolina knife law is a quagmire - a single-edged pocketknife, "about four and one half inches folded", is not considered a "deadly weapon" and can be carried concealed, but even this is subject to some local interpretation.

    (Side note: When I lived in West Virginia it was easy: the law essentially stated, "any single-edged knife, fixed or folding, with a blade of less than 3.5" was legal to carry concealed; any blade length 3.5" or longer, fixed or folding, was legal for open carry." No autos, though. :( )

    On a bright note, the law concerning automatics in North Carolina is fairly straightforward - if a knife is legal to carry as a non-auto, it's legal as an auto so long as you carry openly. I recently acquired a Benchmade 3551 Mini Stimulus and it's perfectly legal to carry so long as it isn't concealed. I confirmed this through an attorney, several senior law enforcement officers, and the North Carolina Department of Justice. A double-edged Microtech OTF with a 4" blade could potentially get you in some trouble, but a small single-edged auto won't be a problem.

    In reality, what I was told by every LEO I spoke with was that they generally never go after someone *just* because of a pocketknife - usually you're doing something else pretty shady that got their attention to begin with.

    YMMV.

    ------
    Kurt
     
  17. Dog Soldier
    • Contributing Member

    Dog Soldier Member

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    Switch blade knives are sold in every town. At one time they had to be open carry. There was a law banning concealed carry of any deadly weapon. Gov Mead signed a law giving the right to carry deadly weapons without permits.
    There are those that claim that knives are not covered under that law? In our town and county the police treat knives under the permit less carry. I am not aware of the law in other jurisdictions. This would be a question for an attorney licensed to practice in Wyoming???o_O
     

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