Posted: 1/21/2006 12:31:47 PM EDT
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Hi all, Are these legit in Texas? Ive been watching 24 and would love a H.A.L.O. Leon P.S. I'm working on getting a job near Dallas this summer |
Bkj is correct. They are illegal to own, make, distribute, etc. That is unless you are a registered curio collector. The Kershaw is not legally a switchblade in Texas because, as bkj said, there is no button on the handle to activate it. That appears to be an oversight in the law when the law was first enacted because the Kershaw is just as much of a switchblade in effect as any that has a button on the handle. |
I dunno... I was under the impression that a button had nothing to do with it, but that the blade couldn't be opened by a spring (switchblade) or by centrifugal force (butterfly knife), amongst other things. The Kershaw knives use a torsion bar to basically store the energy you expend in trying to open the blade with your thumb until it reaches a certain point and then allow that energy to rapidly open the blade. If you've ever used a compound bow, the cams on it operate in a manner that is similar in concept. It's NOT spring loaded in any way. |
That is incorrect. Possession by law means to have care, custody, control or management. To put it in plain terms, you cannot own something without possessing it. How do you explain ownership without having control or management of the item? By that logic, you can own a machine gun as long as you don't "possess" it. They are one in the same. Machine guns and switchblades are in the same statute and neither can be owned. Texas weapon laws are generally divided into two areas, unlawful carrying of weapons and prohibited weapons. Switchblades are a prohibited weapon and cannot be owned. It is not like a pistol or long bladed knife that you can lawfully own but not carry without a license or in legally defined activities. Texas Penal Code § 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (2) a machine gun; (5) a switchblade knife; § 1.07. DEFINITIONS. (a) In this code: (39) "Possession" means actual care, custody, control, or management. |
That is straight out of the Penal Code. CHAPTER 46. WEAPONS § 46.01. DEFINITIONS. In this chapter: (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. |
Gerber FastDraw with half serrated blade and "assisted opening". Gerber FastDraw |
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What the Penal Code says and how crimes are prosecuted in the 254 counties of Texas are two different issues. What is totally overlooked in one county will just about guarantee you jail time in another. The District Attorneys have total control over who is prosecuted and for what reason. I have sent cases to the DA that are rock solid and have had them respond that they don't want the case. It is not even an issue of them arguing with you on the merits of the case. They might agree that you have all the facts needed for a successful prosecution but they just don't want to bother. That is one of the reasons that you see many differing opinons on what is and isn't legal. Just because the DA or the police in your county do not bother with a particular crime does not mean that the next county over will let you walk. |
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The code also has a classification for "relics or curios". Many items fall into this catagory including switches and balisongs. I have asked many state officials about this. If you own a switch, don't carry it. They all say the same thing. Own, yes, carry, no. And, there are three exceptions to the carry ruel. |
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The code also has a classification for "relics or curios". Many items fall into this catagory including switches and balisongs. I have asked many state officials about this. If you own a switch, don't carry it. They all say the same thing. Own, yes, carry, no. And, there are three exceptions to the carry rule. |
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The code also has a classification for "relics or curios". Many items fall into this catagory including switches and balisongs. I have asked many state officials about this. If you own a switch, don't carry it. They all say the same thing. Own, yes, carry, no. And, there are three exceptions to the carry rule. Double post, sorry about that, haveing a little computer trouble tinight. |
Hi SR, I'm great! Cool info, In England it's a really bad idea to carry a knife but you can own one at your home and take it camping etc... No auto's though, I'll probably get a microtech/MOD/Emerson folder to replace my Applegate/Fairburn. However,I should be saving for a decent long range gun.  I wonder how much a Accuracy Interntaional .338 Lapua runs? Then again I probably dont want to know
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I had an AI AWM rifle in .338 Lapua Magnum (topped with a Schmidt & Bender PMII day optic) at Tom Bean, you should have fired it a few times... |
I'll sell you a CRKT cheap that opens as fast and as easy (one handed) as a switch blade. It won't get you arrested however just for carrying it. CRKT M16's with the Carson Flipper and LAWKs locking system are cool and affordable. |
I remember it, Made me want one more! Man I was soo busy that day  It was amazing
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Carry one...If stop by LEO, tell him that you're going camping... 
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lol that only works if you are in full camping/hiking gear in the country, not downtown on a night out 
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I can't speak for Leon, but I would be interested in your prices on a good assited opening knife by CRKT, Kershaw, or otherwise. Do you have a website or retail store? |
IMs, email, not this forum. TRG |