Its a knife... Even if you get chaught with it whats going to happen. Your arresting officer will add a new knife to his collection and you will get a 50 dollar fine at the magistrate. I got arrested when I was about 13 with two switchblades and a pair of brass knuckles when I was walking to a friends house to show them off. The cop took them and told me to keep walking.
The government trusts me carry a gun or register a SBR but not an automatic knife?
- Thread starter JLStorm
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76shuvlinoff
Member
Yeah it's only a knife, however in Michigan getting busted with one is grounds for terminating your concealed pistol permit (according to my ccw instructors anyhow)
go figure
go figure
Let's be clear, each state has it's own laws concerning possession and carry of knives (including switchblades). Some states have no restrictions on possession and carry, some have clear prohibitions. Some allow possession without allowing carry and some allow carry under certain circumstances or by certain classes of individuals.
Interstate commerce is restricted by 18 and 15 USC and has been ever since the first "Hollywood Ban" came about, the Switchblade law. The law came about because of attention seeking lawmakers pouncing on the opportunity to fear monger to the public (and be seen as somehow protecting them) when "Blackboard Jungle", "Rebel Without a Cause" and other Hoodlum Youth films came out with kids with motorcycle jackets and greased hair flashing Italian switchblades.
If you live in a state that permits possession or permission and carry of a switchblade you can purchase/order one without breaking the law (as long as there aren't any local laws prohibiting them, that is). The interstate commerce laws are on the seller.
Assisted openers are not switchblades because there is no button or switch in the handle. The part you push is part of the blade itself and therefore not within scope.
Bazooka Joe71
Member
Hahahahahahahahaha.
mike101
Member
"Assisted openers are not switchblades because there is no button or switch in the handle."
True, but they're still illegal in NJ. So are gravity knives and butterfly knives. Aren't you all glad you don't live here?
True, but they're still illegal in NJ. So are gravity knives and butterfly knives. Aren't you all glad you don't live here?
cnorman18
Member
Whooo Caaares?
"Assisted-opener" knives are faster into action than any switchblade; no fumbling with a safety or trying to find the button, and no need to shift your grip once the knife is open. Same goes for any of the myriads of knives with thumb studs or holes for opening--and I'd rather have my Civilian in my hand when the balloon goes up than any punky stiletto, anyway. It absolutely beats me why anyone would want a switchblade, except for a collection or something. They're tactically outdated, IMO.
Different strokes for different folks, I guess. I feel the same way about full-auto firearms; I prefer AIMED fire. As my dad used to say, "You want to shoot it, not shoot AT it."
I guess spray-and-pray would be OK if I were ever attacked by a herd of stumbling zombies, but I live in Dallas, not Hollywood.
"Assisted-opener" knives are faster into action than any switchblade; no fumbling with a safety or trying to find the button, and no need to shift your grip once the knife is open. Same goes for any of the myriads of knives with thumb studs or holes for opening--and I'd rather have my Civilian in my hand when the balloon goes up than any punky stiletto, anyway. It absolutely beats me why anyone would want a switchblade, except for a collection or something. They're tactically outdated, IMO.
Different strokes for different folks, I guess. I feel the same way about full-auto firearms; I prefer AIMED fire. As my dad used to say, "You want to shoot it, not shoot AT it."
I guess spray-and-pray would be OK if I were ever attacked by a herd of stumbling zombies, but I live in Dallas, not Hollywood.
cnorman18
Member
NJ residents
Almost forgot:
Yes, I AM glad I don't live in New Jersey.
For those who do--well, Bob Dylan asked the question a long time ago, though in an entirely different context: "Baby, why don't you MOVE?"
Almost forgot:
Yes, I AM glad I don't live in New Jersey.
For those who do--well, Bob Dylan asked the question a long time ago, though in an entirely different context: "Baby, why don't you MOVE?"
TexasRifleman
Moderator Emeritus
Exactly. You need one hand free to snap your fingers along with the music.
Oohrah
Member
They are not carried, but own two. One is close to between 75 and
100 years old that belonged to my grandfather. The second was issued
to me while in Marine Recon. It has one end a hooked blade to cut
parachute shouds if hung in trees and the other a switch blade. Made
by Schrade. Totally useless for my trade, as the handles were aircraft
red, to prevent losing it I guess. I don't recall the brand of my grand
father's knife. I know he was a LEO back in John Dillengers days and
did a number of other things like chaseing Poncho Villa when in the
N. Guard. Licensed hunting and fishing guide in Wisconsin and a few
other professions. A more practical carry knike is Marine K Bar! In
his days, Tommys and BARs were legal for any citizen to own if they
wanted one!!!!
100 years old that belonged to my grandfather. The second was issued
to me while in Marine Recon. It has one end a hooked blade to cut
parachute shouds if hung in trees and the other a switch blade. Made
by Schrade. Totally useless for my trade, as the handles were aircraft
red, to prevent losing it I guess. I don't recall the brand of my grand
father's knife. I know he was a LEO back in John Dillengers days and
did a number of other things like chaseing Poncho Villa when in the
N. Guard. Licensed hunting and fishing guide in Wisconsin and a few
other professions. A more practical carry knike is Marine K Bar! In
his days, Tommys and BARs were legal for any citizen to own if they
wanted one!!!!
Lurp
Member
mike101 has it right and their was a huge fear of switchblades after movies like the West Side story and all those movies where the bad guys had switchblades. Its just another case of people being afraid of what they do not understand and I'm sure all of you guys on here know about that since you have a passion for firearms. I also like to collect knives and own a switch blade along with a butterfly knife and multiple other knives of all kinds and a switchblade is no more deadly or faster to open then any other kind. If you guys want to see the true fastest deploying knife check out the Emerson Wave which is used on some Spyderco's also.
Here's a video of a Spyderco Endura with the Emerson wave and it shows you how it works.
http://youtube.com/watch?v=gyZy6Ihq2BU
You can also do this to your personal knife that has a thumb hole by putting a zip tie through your thumb hole and then tightening it and clipping off the extra part of the strap. It works because it grabs the back of your pocket and pulls the blade out as you draw the knife.
Here's a video of a Spyderco Endura with the Emerson wave and it shows you how it works.
http://youtube.com/watch?v=gyZy6Ihq2BU
You can also do this to your personal knife that has a thumb hole by putting a zip tie through your thumb hole and then tightening it and clipping off the extra part of the strap. It works because it grabs the back of your pocket and pulls the blade out as you draw the knife.
Ohio Rifleman
Member
Is that one of those laws that everyone, even LEOs know is stupid, and nobody bothers to enforce it?
Timthinker
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Hso aptly summarized the reason for the stigma surrounding automatic knives in the 1950s. In fact, lawmakers back then believed that juvenile crime would be reduced if such weapons were restricted or banned. As we all know, that legislation was a "feel good" measure of no real effect. Ironically, anti-switchblade laws probably encouraged the development of one hand opening knives such as those marketed by Spyderco in the 1980s. I suppose this is an example of the law of unintended consequences.
Switchblades are not the only knives to generate fear among lawmakers. In the 1800s, legislators in at least one southern state tried to ban the carry of Bowie knives in the belief that such a measure would reduce homicide rates. Another knife design that has aroused the ire of legislators is the dagger. The motivation for anti-dagger legislation is the assumption that villians choose this type of knife to ply their trade. More recently, the U.S. Congress legislated the ballistic knife in the 1980s as a menace to public safety. Now if Congress would ban hands, baseball bats and tire irons, I am certain we would sleep more peacefully.
Timthinker
Switchblades are not the only knives to generate fear among lawmakers. In the 1800s, legislators in at least one southern state tried to ban the carry of Bowie knives in the belief that such a measure would reduce homicide rates. Another knife design that has aroused the ire of legislators is the dagger. The motivation for anti-dagger legislation is the assumption that villians choose this type of knife to ply their trade. More recently, the U.S. Congress legislated the ballistic knife in the 1980s as a menace to public safety. Now if Congress would ban hands, baseball bats and tire irons, I am certain we would sleep more peacefully.
Timthinker
Warren
Member
It's not trust, they just haven't gotten around to taking the other freedom away yet.
TexasRifleman
Moderator Emeritus
I have a question maybe the more knowledgeable knife folks might be able to answer.
Here is Texas law on the subject, anyone know what an "antique or curio" knife is? It's defined for guns but I can't find one for knives.
First it tells us that it's a crime to possess a switchblade, but then tells us:
Here is Texas law on the subject, anyone know what an "antique or curio" knife is? It's defined for guns but I can't find one for knives.
First it tells us that it's a crime to possess a switchblade, but then tells us:
My best guess about the antique/curio part is so that a person can transport a historic artifact, or collection of historical artifacts from one place to another, or possess them temporarily in a place that is not under his control. I doubt a DA or judge will accept such a defense if circumstances appear that the possessor of said curio or antique is simply going about his daily routine when found with the item. This passage does give me the ablity to tell my rookie to let an otherwise law-abiding citizen go, because it looks to me like this guy is just transporting an artifact of his family history, and not out looking for trouble. Please do remember that a "defense to prosecution" DOES allow arrest and/or confiscation, until such time as the DA or judge can review the case!----------------------------------------------------------------------------------------------------On the original subject, the best interpretation of the anti-switchblade laws, and prohibition on certain knives in general, is that much of the public believes knives are the weapon of thugs, while gentlemen carry guns. I can remember as far back as the 1960's and 1970's, when mosy folding knives were slipjoints, and the few folders with mechanisms that locked the blade open tended to look like switchblades from West Side Story. BTW, did y'all know that San Antonio, Texas, still bans the possession of folding knives that lock in the open position? Still on the books, since 1959. Yep, about the time switchblades were banned in other parts of the country. Yet, fixed-blade knives are legal in San Antonio and the rest of Texas, subject to the other statewide limitations such as blade length and number of sharpened edges.
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mike101,
Please cite the law that says assisted openers are illegal in NJ. That is inconsistent with my reading of the law.
You may be told by an LE that it's a switchblade, but under the law it doesn't meet the definition of a switchblade. That doesn't prevent you from being treated like it is by any give LEO, but the court (and hopefully the DA prior to that) would toss it out.
As to the curio and keepsake provisions some states have, like here in TN, it's essentially a provision for having a switchblade that you have as a keepsake from a relative (Dad's Camillus pilot's switchblade with the riser hook) or as a collectible curio (brought back from a trip to Germany or as part of a collection). The assumption in the positive defense to prosecution exemption is that possession is assumed to be illegal and the burden of proof lies on you to demonstrate that the knife you had in your house or the roll of knives in your car were owned as curios or keepsakes and it is your responsibility to convince a DA that that is the case to avoid prosecution.
To that end, it is advisable to have some documentation of this. I'm a member of a couple of knife collecting organizations. I carry my National Knife Collectors Association card in my wallet. I have pictures of my collection at knife shows. I keep the provenances on all switchblades in my collection. AND I don't treat them like just any folder that I can carry around in my pocket (here in TN). If FL I'll happily put a Microtech LUDT classic in my pocket and carry it.
Please cite the law that says assisted openers are illegal in NJ. That is inconsistent with my reading of the law.
You may be told by an LE that it's a switchblade, but under the law it doesn't meet the definition of a switchblade. That doesn't prevent you from being treated like it is by any give LEO, but the court (and hopefully the DA prior to that) would toss it out.
As to the curio and keepsake provisions some states have, like here in TN, it's essentially a provision for having a switchblade that you have as a keepsake from a relative (Dad's Camillus pilot's switchblade with the riser hook) or as a collectible curio (brought back from a trip to Germany or as part of a collection). The assumption in the positive defense to prosecution exemption is that possession is assumed to be illegal and the burden of proof lies on you to demonstrate that the knife you had in your house or the roll of knives in your car were owned as curios or keepsakes and it is your responsibility to convince a DA that that is the case to avoid prosecution.
To that end, it is advisable to have some documentation of this. I'm a member of a couple of knife collecting organizations. I carry my National Knife Collectors Association card in my wallet. I have pictures of my collection at knife shows. I keep the provenances on all switchblades in my collection. AND I don't treat them like just any folder that I can carry around in my pocket (here in TN). If FL I'll happily put a Microtech LUDT classic in my pocket and carry it.
thorn726
Member
we have so many odd restrictions here in CA, but a weird concession by lawmakers-
many types of concealed knife carry can equal a felony, while first offense concealed firearm is a misdemeanor!
many types of concealed knife carry can equal a felony, while first offense concealed firearm is a misdemeanor!
mike101
Member
hso is right again.
"You may be told by an LE that it's a switchblade, but under the law it doesn't meet the definition of a switchblade."
Actually, I heard this from a friend of a friend, who is a cop. I looked up the law, yesterday, and it doesn't say anything about spring-assisted knives, so you're right. This wouldn't be the first time that a Jersey cop lied, in my personal experience. More like the fourth.
Imagine that. Something that isn't illegal in NJ. Excuse me while I take a nitro-glycerine tablet. I'm sure this was just an oversight by the state legislature. They probably don't know there is such a thing.
"You may be told by an LE that it's a switchblade, but under the law it doesn't meet the definition of a switchblade."
Actually, I heard this from a friend of a friend, who is a cop. I looked up the law, yesterday, and it doesn't say anything about spring-assisted knives, so you're right. This wouldn't be the first time that a Jersey cop lied, in my personal experience. More like the fourth.
Imagine that. Something that isn't illegal in NJ. Excuse me while I take a nitro-glycerine tablet. I'm sure this was just an oversight by the state legislature. They probably don't know there is such a thing.
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Mike101,
Don't be too surprised. Interpretation of knife laws is very spotty with law enforcement officers. They get little real training beyond the very basics on knives and if they're not "knife people" don't read/see anything on their own. Heck, just look at all the incorrect interpretations in this thread and everyone participating had the immediate opportunity to look up the law or go to Kniferights.com, the American Knife and Tool Institute or just google the knife laws for their state to get the facts (and a cop doesn't have those resources at their finger tips when asked a question).
wideym,
Your joke is about 60 years late. The switchblade interstate commerce law of the mid '50s was the road map to much of the propaganda and legal action of the gun-prohibitionists of this era. Current efforts to ban "tactical" (lord how I hate that stupid word) knives use the same language/approach as gun-prohibitionists.
Don't be too surprised. Interpretation of knife laws is very spotty with law enforcement officers. They get little real training beyond the very basics on knives and if they're not "knife people" don't read/see anything on their own. Heck, just look at all the incorrect interpretations in this thread and everyone participating had the immediate opportunity to look up the law or go to Kniferights.com, the American Knife and Tool Institute or just google the knife laws for their state to get the facts (and a cop doesn't have those resources at their finger tips when asked a question).
wideym,
Your joke is about 60 years late. The switchblade interstate commerce law of the mid '50s was the road map to much of the propaganda and legal action of the gun-prohibitionists of this era. Current efforts to ban "tactical" (lord how I hate that stupid word) knives use the same language/approach as gun-prohibitionists.
Robert Hairless
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And very reasonable too. Immediately after seeing West Side Story I developed a lasting fear of chorus boys snapping their fingers and dancing in metropolitan schoolyards, alleys, and streets.
dstorm1911
Member
JLStorm, your simply livin in the wrong place...... here in AZ ya can buy em over the counter from original italian Switchblades to some rather over done fantasy crap automatics
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