User Panel
Posted: 12/9/2001 7:11:00 PM EDT
What are the laws regarding auto knives? I saw a kickass benchmade at the show today, but my friend (the seller) said that they weren't legal to carry, but it was ok to own them. It was a folder, btw if that makes a difference.
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... Autos are completely legal to carry here.[img]http://www.freerepublic.com/images/flags/us/arizonaC.gif[/img]
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Your buddy is correct, in Texas you can own them but you can't pack them. Might want to check your local laws, might be a city ordinance against them.
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Texas - Health, Safety & Morals - 46.02. Unlawful carrying weapons. (a) A person commits an offense if intentionally, knowingly , or recklessly carries on or about his person a handgun, illegal knife, or club. [Exceptions: official; actor was own premises; was traveling; engaged in lawful hunting, fishing, or other sporting activity; security guard]. - 46.01. Definitions. (1) "Club"... includes... (D) Tomahawk... (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, stiletto, and poniard; (D) sword; or (E) 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. - 46.03. Places weapons prohibited. (a) A person commits an offense if, with a firearm, illegal knife, club, or prohibited weapon [includes switchblade knives], he intentionally, knowingly, or recklessly goes: (1) on the physical premises of a school [or school bus]; (2) on the premises of a polling place... [(3) a court; (4) a racetrack; (5) secured area of an airport]. - 46.05. Prohibited Weapons. (a) A person commits and offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells... (5) a switchblade knife... (d) It is an affirmative defense to prosecution under this section that the actor's conduct: (1) was incidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an antique or curio... - 46.06. Unlawful transfer of certain weapons. (a) A person commits an offense if he... (2)... sells... gives... offers... to any child younger than 18 years any firearm, or illegal knife [except with written parental consent]. Texas Case Law: - "A teacher could not carry weapons in his school room..." (1889) - Broken switchblade knife was still a "switchblade knife" within this section... (1986) - "Defendant's contention that he took knife to school to fight demons that plagued him did not defeat requisite state of mind for conviction..." (1993)
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Texas
Summary: Folders under 5.5" OK. Max length: 5.5" Specifically illegal: Switchblade, throwing knives, daggers (in general), bowie knives, swords and spears. Relevant laws: Penal Code 46 Quirks: The one state people associate with Bowie knives explicitly forbids them. |
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The way most people I have talked with is that if you own it, but don't pack it, its a curio and not illegal.
That bowie knife thing is funny, was Walker carrying one on one episode? |
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Only switchblades are illegal by Texas Penal Code section 46. Section 46.01 defines a switchblade as the following.
[b](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. If the knife you want does neither and has a blade length of less than 5.5 inches, then it's legal. I have a Kershaw Ken Onion Whirlwind, which is an "assisted opening" knife and completely legal in regards to the law. I bought it at the Academy right by Deerbrook. God Bless Texas |
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Quoted: (A) opens automatically by pressure applied to a button or other device located on the handle View Quote That's exactly what it is. |
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Is it legal to order them through the mail to an AZ address, or do you need an FFL?
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GBT,
I talked to a guy in Austin who claimed he was jailed for carrying a Whirlwind. Didn't believe him, so I asked an off duty sheriff his thoughts. The sheriff said he would arrest anyone that he discovered carrying such a knife. The sheriff said that maybe the court would disagree, but his approach would be to arrest first, and let the court decide. I can't see carrying one and asking for trouble: yea, it is a cool knife, but not that cool... |
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Quoted: Is it legal to order them through the mail to an AZ address, or do you need an FFL? View Quote ... You can order w/o FFL ... Some vendor in one of the buildings at the "Crossroads" fun show this weekend was selling the Benchmade line of autos. He had new Model 9100 SBT Auto Stryker® for $100. That was about $70 cheaper than anywhere else I can think of. |
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Quoted: Can carry in Alabama, if you have a CCW. View Quote Really? Do you have a link to the law? I was hoping for that, but can find a reference to automatic knifes anywhere. As far as I could tell, the Pistol Permit was just for pistols. USPC40 ------------------------------------------------- [b][blue]NRA Life Member[/blue][/b] - [url]www.nra.org[/url] [b][blue]GOA Life Member[/blue][/b] - [url]www.gunowners.org[/url] [b][blue]SAF Supporter[/blue][/b] - [url]www.saf.org[/url] [b][blue]SAS Supporter[/blue][/b] - [url]www.sas-aim.org[/url] [img]www.ar15.com/members/albums/USPC40/alabamaflag.gif[/img] |
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Automatic knives by custom makers are very ingenious items. You can find autos that appear in every way similar to a folder, and they will pass as a typical folder to all but the most versed experts due to their design. Hand this type of knife to any LEO and he will not even consider the possibility of it being automatic, he will open it like anybody else, by the stud on the back of the blade. The release device is cleverly hidden and not visible to cursory inspection.
Owning and carrying an auto of this type can be accomplished quite successfully without fear of being caught, not legally, but effectively. |
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Quoted: Automatic knives by custom makers are very ingenious items. You can find autos that appear in every way similar to a folder, and they will pass as a typical folder to all but the most versed experts due to their design. Hand this type of knife to any LEO and he will not even consider the possibility of it being automatic, he will open it like anybody else, by the stud on the back of the blade. The release device is cleverly hidden and not visible to cursory inspection. Owning and carrying an auto of this type can be accomplished quite successfully without fear of being caught, not legally, but effectively. View Quote However, if you lose one of these, by whatever means, it will make you cry in front of people, due to their cost. [>Q] |
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Quoted: Automatic knives by custom makers are very ingenious items. You can find autos that appear in every way similar to a folder, and they will pass as a typical folder to all but the most versed experts due to their design. Hand this type of knife to any LEO and he will not even consider the possibility of it being automatic, he will open it like anybody else, by the stud on the back of the blade. The release device is cleverly hidden and not visible to cursory inspection. Owning and carrying an auto of this type can be accomplished quite successfully without fear of being caught, not legally, but effectively. View Quote If anyone's looking for this type of knife without a release button, they're called "scale/bolster release" mechanisms. Microtech makes a cool "Lightfoot LCC" double action for around $200.00- $250.00. Saw it at a fun show before. |
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With the opening system of Columbia River Knife & Tool knives why chance a possible criminal offense just for carrying a knife.
Almost without fail when I open whichever of my 3 CRKT knifes I carry most people assume it is an auto opening knife due to the ease and speed with which these knives can be opened. Prices are very reasonable and my daily carry knife has kept a decent edge with a bit of sharpening. Granted these knives don't have the status appeal of spyderco or benchmade but they are indeed quality knives that have served me very well. Try one if you get the chance. |
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As a side note , in N.Y. these are not legal (no surprise) but if you have lost the use of your hand you are allowed to own an automatic knife. I believe this law is on the books in most states.
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Same in NJ, illegal unles syou are either law enforcement or military
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I guess I have to stay military or go LEO for the rest of my life.....
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Quoted: ... Autos are completely legal to carry here.[img]http://www.freerepublic.com/images/flags/us/arizonaC.gif[/img] View Quote yeah but why is it when i go to buy one (a good one the guy selling it asks me for ID! anyway i got to save up and get me a severtech? i think thats the one made right here in Tucson there was a article in Small Arms review about em. |
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Quoted: Quoted: ... Autos are completely legal to carry here.[img]http://www.freerepublic.com/images/flags/us/arizonaC.gif[/img] View Quote yeah but why is it when i go to buy one (a good one the guy selling it asks me for ID!) View Quote ... dunno, could be the beady eyes[:D][:D][:D] |
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USPC40 , I am a LEO in Alabama and I can find no "STATE" law against carrying a auto knife , ie: switchblade. I have searched all of the Alabama Titles(law books). I have also consulted the State Attorney Generals Office. BUT -- There might be local laws that make it a crime. I have been told by a few B'ham Officers that they have a local ord. against the carry w/o exception. The city I work for outside of B'ham does not have a law against it. The CCW that you were issued by your local Sheriff DOES NOT apply to the carrying of ANY weapon except a handgun.
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punkatomic: used to spend some time at all of the knife sites. A knife that is automatic only they call single action (SA) and one that is automatic and can be opened with a thumb stud is (DA) dual action.
I'm in Ga. and one LEO I asked to research this said he can not find where it is illegal to own or carry. Asked police chief about pistol carry license making it OK to carry auto knife; he said NO. Also one guy on bladeforums told me that the switchblade act written by congress in the 50's made it illegal to MAIL autos across state lines, guess what there was no UPS then so he says you can UPS across state lines, but not USPS. My personal advise would be if you had one to admire it at home and not brag about it because there is always some soccer mom that would call in on you if you displayed it in public. |
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With the opening system of Columbia River Knife & Tool knives why chance a possible criminal offense just for carrying a knife. View Quote I feel the same way. If I can open a Spyderco in 0.5 seconds, is it really worth the extra expense and possible legal hassles to carry a knife that I can open in 0.3 seconds? |
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Any knife that can be opened with one hand is considered a switchblade in Virginia. It's winked at though, as you can buy single hand opening knives at almost every sporting goods store in the state (they're called pocket knives).
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Quoted: With the opening system of Columbia River Knife & Tool knives why chance a possible criminal offense just for carrying a knife. View Quote what models would you recommend as a tac folder stylle, are you familiar with the apache model? thanx |
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(B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force. View Quote Note to parents with teenagers: This means balisongs/"butterfly" knives. Had a coworker's kid get in a world of doo-doo because he took his to school after buying it at a gun show. |
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Main spring broke on my Bench made auto. To get it fixed i need to mail it through a gun or knife shop.
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Quoted: Quoted: With the opening system of Columbia River Knife & Tool knives why chance a possible criminal offense just for carrying a knife. View Quote what models would you recommend as a tac folder stylle, are you familiar with the apache model? thanx View Quote Depending on your size preference and blade shape you could go with any number of options or sizes. [url]http://www.crkt.com/catalog.html[/url] I am partial to the M16 series with my daily carry knife being the M16® Carbon Fibre. When I know I will be skinning anything I carry the M16® Law Enforcement and Military. Both of those have serrated blades and I have the M16 without the serrations that I don't carry much. Excellent knives without the sticker shock [img]http://www.crkt.com/M16LAWEN.JPG[/img] Edit to add image |
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Check out the Kershaw "Chive" designed by Ken Onion. It has a very strong yet attractive Boron coating. Keep it in your pocket with coins and no problems scratching it. The opening mechanism is very unique and VERY fast. I think it won some Blade award. I carry, I mean have a Benchmade ACFK but I think the Chive is faster and more Politically Correct. This guy who goes by the name of KNIFESALES on Ebay is giving killer deals. I called him directly and got some great prices on top quality stuff. I can't put down the Applegate boot knife I got for my self. This Christmas, I had a friggin cutlery show for my family under the tree. Oh well.
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My Spyder Co. Endura is illegal in Washington State, it's too easy to open. Something about being able to open with the force of gravity or inertia. |
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I've got the large CRKT Crawford Kasper (plain blade). Its the biggest tactical folder I've seen. But it also HEAVY, which is good thing when it comes to using a knife, NOT for carrying around all day in your pocket.
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Speaking of the Colombia River Knife & Tool M16, check out the AR15.com knife here : [url]http://www.ar15.com/forums/topic.html?id=59420[/url].
It is the large Tanto in the pic, with a nice AR15.com logo on the blade! Only $70, in blue or olive drab. Santa is bringing me 2! [:D] |
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