Posted: 11/28/2006 1:20:38 PM EDT
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I just wrote my state senator and state representative, asking them to introduce a bill moving switchblades from the "prohibited weapons" category to the "illegal knife" category. Currently switchblades can only be owned as a curio or an antique in Texas. Moving them into the "illegal knife" category would make them completely legal to own and would allow them to be carried in certain circumstances. I would like to see them legal to own and to carry, but one step at a time. Please write your state senator and state representative if you agree with this idea. |
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Automatic knives are legal to own, but not carry, unless you are an LEO or one armed/onehanded due to physical limitations...at least that is what I'm told. Certain jurisdictions in Texas do not allow selling of automatics, while others due. For instance, we cannot sell switchblades at Pasadena Gun Shows or Dallas Market Hall, but can at George R. Brown shows in Houston. We will, most likely, have a few automatics to sell at GRB unless we hear it is illegal to do so. Cheers |
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I carry an "Automatic" Knife all the time. Just easier to open and use one handed. I have never had an issue and it is clipped in my pocket for easy access where and when needed. Cops really don't go around staring at the knife you have clipped to your pocket and besides the point, how are they going to know it is a switchblade anyways just from seeing a knife clipped in your pocket. I guess I just frequent areas where it is not uncommon for everyone around to have a pocket knife, so noone makes an effort to go around and check everyones knives. Just my .02 |
Automatic or switchblade are illegal to own in Texas unless you are a curio collector. There is no jurisdiction where they are legal. You cannot own, sell, possess, etc. The big difference is that they are so common now, it is a rarely enforced law. That is why at the very least, a switchblade needs to be moved from Prohibited Weapon to Unlawfully Carrying Weapons or just make them legal. That law was enacted many years ago when a switchblade was perceived as almost the ultimate concealed weapon. I think most people would laugh today if you said they should be terrified to go outside due to the onwership of switchblades. |
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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) |
Exactly. If we can get them reclassified as an "illegal knife" instead of a "prohibited weapon", we can own them without fear of arrest, and can legally carry them under certain circumstances. |
Why not just take them off of the list altogether. They are not the dreaded weapon they once were. As a police officer I could care less if there are switchblades on the streets. They are dangerous but no more so than other knives. Most switchblades are a piece of junk anyway. Although there are some very good, high quality switchblades, they are very expensive and most of the stuff on the streets is not it. I would rather face most of the pieces of crap that are street switchblades than a high quality blade. |
You forgot the definition of switchblade; Text (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. A switchblade is illegal to possess, manufacture, transport, repair, or sell... An illegal knife is unlawful to carry on or about your person, with the exceptions quoted above. |
Good catch thank you for adding it, I found this on a web knife site. |
That would work for me. 
Are your views are typical of police officers in general? How controversial do you think a change in Texas switchblade laws would be? |
I don't have a clue but I know that most cops I work with stop people with switchblades and I don't remember any of them making an arrest. |