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[ARCHIVED THREAD] - Automatic Knives (Page 1 of 4)

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5/24/2013 10:37:28 AM EDT
So now that these will be legal to own in September, who's doing some research shopping?

What are you thinking about picking up?  

Just wanted to see what kind of knives the rest of yall are looking at picking up in a few months.  
5/24/2013 10:44:34 AM EDT
[#1]
I've been buying them for the past 16 years. Got a decent collection of Microtech's, MOD & Benchmades.
5/24/2013 12:32:22 PM EDT
[#2]
I'm eyeing an OTF, SA.  Paragon would be fine price-wise, but all their offerings are double edged, which was NOT repealed in Texas yet.  So probably some other maker.
5/24/2013 1:02:57 PM EDT
[#3]
Benchmade.
5/24/2013 1:04:06 PM EDT
[#4]
Buy? Time to start planning a shop project...
5/24/2013 1:30:04 PM EDT
[#5]
So, what did I miss?
5/24/2013 1:38:17 PM EDT
[#6]
Has the Governor signed the bill???
5/24/2013 1:49:54 PM EDT
[#7]
Quoted:
Has the Governor signed the bill???


5/24/2013 2:48:36 PM EDT
[#8]
Quoted:
Has the Governor signed the bill???


Not yet.  Unless he vetoes, it goes into effect on Sep 1st whether he signs it or not.

I doubt Perry will veto this one...but anything is possible I suppose.

5/24/2013 3:13:02 PM EDT
[#9]
Quoted:
Quoted:
Has the Governor signed the bill???


Not yet.  Unless he vetoes, it goes into effect on Sep 1st whether he signs it or not.

I doubt Perry will veto this one...but anything is possible I suppose.



OUTSTANDING!! Thanks for update brother! Ill shoot Gov. Perry a email urging him to sign this.
5/24/2013 4:32:11 PM EDT
[#10]
I'm eyeing an HK Epidemic made by Benchmade. I'm really sorry I sold that sweet microtech scarab right about now though.
5/24/2013 4:36:06 PM EDT
[#11]
I have a blackie Collins sidewinder
5/24/2013 5:54:10 PM EDT
[#12]
Guys, I know some places are really cautious about selling autos, NOW...

But if you buy now and keep in your house if you don't meet current hopefully soon to be obsolete exemptions... It IS LEGAL TO KEEP AUTOS IN YOUR HOUSE

This is a VERY VERY stupid outdated law I'm glad will be wiped from the books soon! Being selfish I never thought much of it, till my dad, who has a disfigured injury to his hand made a comment how ridiculous this law was and how it affected him. I HAVE BEEN ON MY STATE REPS BUTT TO GET THIS THRU FOR at LEAST 5 years!  

With the Gov having power to override our elected officials I STRONGLY urge everyone to contact Gov Perry and urge him to sign this law.

It is outdated and ridiculous that I can take a NON auto  and draw it with an open blade faster than I can with my Benchmade Stryker...

Lets see this pass!!!
5/24/2013 6:10:24 PM EDT
[#13]
You mean half these knives are illegal?

5/24/2013 6:18:20 PM EDT
[#14]
Quoted:
Guys, I know some places are really cautious about selling autos, NOW...

But if you buy now and keep in your house if you don't meet current hopefully soon to be obsolete exemptions... It IS LEGAL TO KEEP AUTOS IN YOUR HOUSE

This is a VERY VERY stupid outdated law I'm glad will be wiped from the books soon! Being selfish I never thought much of it, till my dad, who has a disfigured injury to his hand made a comment how ridiculous this law was and how it affected him. I HAVE BEEN ON MY STATE REPS BUTT TO GET THIS THRU FOR at LEAST 5 years!  

With the Gov having power to override our elected officials I STRONGLY urge everyone to contact Gov Perry and urge him to sign this law.

It is outdated and ridiculous that I can take a NON auto  and draw it with an open blade faster than I can with my Benchmade Stryker...

Lets see this pass!!!


Currently it is not lawful to keep a switchblade in your house.  

5/24/2013 6:24:54 PM EDT
[#15]
Quoted:
Quoted:
Guys, I know some places are really cautious about selling autos, NOW...

But if you buy now and keep in your house if you don't meet current hopefully soon to be obsolete exemptions... It IS LEGAL TO KEEP AUTOS IN YOUR HOUSE

This is a VERY VERY stupid outdated law I'm glad will be wiped from the books soon! Being selfish I never thought much of it, till my dad, who has a disfigured injury to his hand made a comment how ridiculous this law was and how it affected him. I HAVE BEEN ON MY STATE REPS BUTT TO GET THIS THRU FOR at LEAST 5 years!  

With the Gov having power to override our elected officials I STRONGLY urge everyone to contact Gov Perry and urge him to sign this law.

It is outdated and ridiculous that I can take a NON auto  and draw it with an open blade faster than I can with my Benchmade Stryker...

Lets see this pass!!!


Currently it is not lawful to keep a switchblade in your house.  



Hmmm, and I'm the Anti-Gun guy...

Knew there was a reason I blocked you, and I couldn't resist urge to read your post...    Soo how many criminal cases have YOU filed against good law abiding citizens for keeping a collectible in their PRIVATE residence???  
5/24/2013 7:05:12 PM EDT
[#16]
So help my ignorance on the new law.
Double edged is restricted as a prohibited weapon (knife)?
September 1st and I'll be legal to carry an auto knife with a 5.5in. or shorter blade not double edged. Dirk, stiletto, dagger etc etc. ?
I don't remember ”double edged” being worded.
Any clarification?
I want my new OTF DA double edged legal to own and carry.
5/24/2013 7:33:24 PM EDT
[#17]
Don't put the cart before the horse just yet. This has not become law. I fully expect it will, but we can all celebrate then.
5/24/2013 7:51:57 PM EDT
[#18]
I like the Infidel
5/24/2013 8:05:54 PM EDT
[#19]
Quoted:
Knew there was a reason I blocked you, and I couldn't resist urge to read your post...    Soo how many criminal cases have YOU filed against good law abiding citizens for keeping a collectible in their PRIVATE residence???  


You can be butt hurt ... but just know that he was merely stating what the law says, not his personal belief. So, it's not okay that you're being an ass ...

Sec. 46.05.  PROHIBITED WEAPONS.  (a)  A person commits an offense if the person 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, short-barrel firearm, or tire deflation device solely as an antique or curio;

As this is written, it is illegal to possess a switchblade knife, even in your own home. I, for one, hope this law will change and this silliness will end.

FWIW, I have arrested someone for possessing a switchblade in their vehicle. The person was a soldier who said he was issued it. I felt like shit....

Until I looked at the big picture and realized he was stopped because he was driving recklessly, later proved to be DWI, and also had two prostitutes in the car with him who had three crack pipes and 5 rocks of crack.

Such is life, I suppose.
5/24/2013 8:08:21 PM EDT
[#20]
Sorry, I haven't been keeping up.
Will it be legal for anyone or only chl holders? Hopefully my little friends will be legal to come out and play!
5/24/2013 9:56:10 PM EDT
[#21]
Would some of you school an old man?  Are these assisted opening knives legal, and what makes them different from a switchblade?  Damn, I had s switchblade when I was in junior high (in the early sixties)
5/25/2013 4:18:19 AM EDT
[#22]
Quoted:
Quoted:
Knew there was a reason I blocked you, and I couldn't resist urge to read your post...    Soo how many criminal cases have YOU filed against good law abiding citizens for keeping a collectible in their PRIVATE residence???  


You can be butt hurt ... but just know that he was merely stating what the law says, not his personal belief. So, it's not okay that you're being an ass ...

Sec. 46.05.  PROHIBITED WEAPONS.  (a)  A person commits an offense if the person 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, short-barrel firearm, or tire deflation device solely as an antique or curio;

As this is written, it is illegal to possess a switchblade knife, even in your own home. I, for one, hope this law will change and this silliness will end.

FWIW, I have arrested someone for possessing a switchblade in their vehicle. The person was a soldier who said he was issued it. I felt like shit....

Until I looked at the big picture and realized he was stopped because he was driving recklessly, later proved to be DWI, and also had two prostitutes in the car with him who had three crack pipes and 5 rocks of crack.

Such is life, I suppose.


First of all, I'm fine thanks for asking.

By PC 46.02 you CAN possess a switchblade in your home.

Sec. 46.02.  UNLAWFUL CARRYING WEAPONS.  (a)  A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1)  on the person's own premises or premises under the person's control; or


So 46.05 says its illegal and 46.02 say's it's not.  Im not trying to be a jerk, but I don't file serious charges on someone for 46.05 when 46.02 says its ok.

5/25/2013 4:19:08 AM EDT
[#23]
Quoted:
Would some of you school an old man?  Are these assisted opening knives legal, and what makes them different from a switchblade?  Damn, I had s switchblade when I was in junior high (in the early sixties)


Assisted opening knives are not considered a switchblade.
5/25/2013 5:02:21 AM EDT
[#24]
Quoted:
Quoted:
Quoted:
Knew there was a reason I blocked you, and I couldn't resist urge to read your post...    Soo how many criminal cases have YOU filed against good law abiding citizens for keeping a collectible in their PRIVATE residence???  


You can be butt hurt ... but just know that he was merely stating what the law says, not his personal belief. So, it's not okay that you're being an ass ...

Sec. 46.05.  PROHIBITED WEAPONS.  (a)  A person commits an offense if the person 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, short-barrel firearm, or tire deflation device solely as an antique or curio;

As this is written, it is illegal to possess a switchblade knife, even in your own home. I, for one, hope this law will change and this silliness will end.

FWIW, I have arrested someone for possessing a switchblade in their vehicle. The person was a soldier who said he was issued it. I felt like shit....

Until I looked at the big picture and realized he was stopped because he was driving recklessly, later proved to be DWI, and also had two prostitutes in the car with him who had three crack pipes and 5 rocks of crack.

Such is life, I suppose.


First of all, I'm fine thanks for asking.

By PC 46.02 you CAN possess a switchblade in your home.

Sec. 46.02.  UNLAWFUL CARRYING WEAPONS.  (a)  A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1)  on the person's own premises or premises under the person's control; or


So 46.05 says its illegal and 46.02 say's it's not.  Im not trying to be a jerk, but I don't file serious charges on someone for 46.05 when 46.02 says its ok.



IIRC, a switch blade is a Prohibited Weapon. 46.02 deals with illegal knives( Bowies, blades longer than 5.5 inches, etc) there is a difference.
5/25/2013 5:02:31 AM EDT
[#25]
Are there any links both to the new law/bill information and to a demonstration video of these auto-knives?

I'm assuming it's a knife that you press a button or 'trigger' and the blade automatically pops out...

not a big 'knife' guy.. I keep a pocket knife of 3" or less in keeping with 'michigan' law as I already have about 5 of them and they do what I need for various random things...
interesting though... I think the law needs to get better at punishing the idiots who assault other people and do various crimes rather than the inanimate objects the idiots use to commit the crimes.

I would say Perry may not sign the law/bill.. because if he doesn't need to then why bother.. you can win/win without signing and you can win/lose by signing as some 'picket fence' types will see this as a bad thing on Perry's part!
5/25/2013 5:23:13 AM EDT
[#26]
Quoted:
Are there any links both to the new law/bill information

You can track the status of the bill, et cetera at the following link:

http://www.capitol.state.tx.us/BillLookup/BillStages.aspx?LegSess=83R&Bill=HB1862

You can read the text of the bill itself at the following link:

http://www.capitol.state.tx.us/tlodocs/83R/billtext/html/HB01862F.htm
5/25/2013 5:24:04 AM EDT
[#27]
So I took a quick look at a few OTF knives online and then it shows they will not ship to TX lol I feel like I am back in California

Is it illegal for them to ship OTF knives  here or is that a store by store thing ?

any places on line that do ship to TX so when the bill is signed I can get one without having to wait for them to change there policy
5/25/2013 5:37:42 AM EDT
[#28]
Quoted:
So I took a quick look at a few OTF knives online and then it shows they will not ship to TX lol I feel like I am back in California

Is it illegal for them to ship OTF knives  here or is that a store by store thing ?

any places on line that do ship to TX so when the bill is signed I can get one without having to wait for them to change there policy

The bill hasn't become law yet.  If the governor vetoes the bill, switchblades will remain illegal in Texas.  If the governor doesn't veto the bill, switchblades will remain illegal in Texas until 9/1.

Also, online stores need to be mindful of the Federal Switchblade Knife Act.
5/25/2013 6:03:35 AM EDT
[#29]
Quoted:
Quoted:
Knew there was a reason I blocked you, and I couldn't resist urge to read your post...    Soo how many criminal cases have YOU filed against good law abiding citizens for keeping a collectible in their PRIVATE residence???  


You can be butt hurt ... but just know that he was merely stating what the law says, not his personal belief. So, it's not okay that you're being an ass ...

Sec. 46.05.  PROHIBITED WEAPONS.  (a)  A person commits an offense if the person 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, short-barrel firearm, or tire deflation device solely as an antique or curio;

As this is written, it is illegal to possess a switchblade knife, even in your own home. I, for one, hope this law will change and this silliness will end.

FWIW, I have arrested someone for possessing a switchblade in their vehicle. The person was a soldier who said he was issued it. I felt like shit....

Until I looked at the big picture and realized he was stopped because he was driving recklessly, later proved to be DWI, and also had two prostitutes in the car with him who had three crack pipes and 5 rocks of crack.

Such is life, I suppose.


It was a jerk move to charge a soldier for having an issued knive in his car.
5/25/2013 6:05:02 AM EDT
[#30]
Quoted:
Are there any links both to the new law/bill information and to a demonstration video of these auto-knives?

I'm assuming it's a knife that you press a button or 'trigger' and the blade automatically pops out...

not a big 'knife' guy.. I keep a pocket knife of 3" or less in keeping with 'michigan' law as I already have about 5 of them and they do what I need for various random things...
interesting though... I think the law needs to get better at punishing the idiots who assault other people and do various crimes rather than the inanimate objects the idiots use to commit the crimes.

I would say Perry may not sign the law/bill.. because if he doesn't need to then why bother.. you can win/win without signing and you can win/lose by signing as some 'picket fence' types will see this as a bad thing on Perry's part!


Yes, auto/switchblade knives are generally those that open at the push of a button.

Texas Penal Code 46.05. This bill makes the strike-throughs into law.

5/25/2013 6:39:16 AM EDT
[#31]
that is why I said when its signed :)
5/25/2013 6:59:19 AM EDT
[#32]



Quoted:



Quoted:

By PC 46.02 you CAN possess a switchblade in your home.



Sec. 46.02.  UNLAWFUL CARRYING WEAPONS.  (a)  A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1)  on the person's own premises or premises under the person's control; or





So 46.05 says its illegal and 46.02 say's it's not.  Im not trying to be a jerk, but I don't file serious charges on someone for 46.05 when 46.02 says its ok.







IIRC, a switch blade is a Prohibited Weapon. 46.02 deals with illegal knives( Bowies, blades longer than 5.5 inches, etc) there is a difference.


Hoji, you are correct. The UCW exception that gbcop referenced only applies to Illegal Knives, not Prohibited Weapons which is what a switchblade is currently defined as.

 



Possessing a switchblade purely as a curio or relic is a defense to prosecution, but that must be proved in court by the defendant and doesn't prevent an arrest.




The law is severely outdated which is why it's finally being updated.
5/25/2013 7:02:39 AM EDT
[#33]
Now to get illegal knives removed. Rather silly that I can not carry a Bowie knife in the State of Texas.
5/25/2013 7:15:43 AM EDT
[#34]
can't first responders/police legally own them in texas already? if not.... oops
5/25/2013 7:27:48 AM EDT
[#35]
Guys, for those unsure about what the actual law is I would recommend you take a look at the penal code discussing both illegal knives and prohibited weapons. It's a pretty straightforward section of the law and really is something you should be familiar with as it relates to both knives and firearms.



5/25/2013 7:43:30 AM EDT
[#36]





Quoted:



can't first responders/police legally own them in texas already? if not.... oops



Legally, no. A lot of them do though.


 



It's a defense to prosecution for LEOs and military using them on duty.
5/25/2013 8:09:08 AM EDT
[#37]
Quoted:

Quoted:
can't first responders/police legally own them in texas already? if not.... oops

Legally, no. A lot of them do though.  


And according to sections 2 and 3, any owned before Sept 1 are still unlawful even after that date.
5/25/2013 8:12:11 AM EDT
[#38]
Quoted:
can't first responders/police legally own them in texas already? if not.... oops

First responders, no.  Police, yes.

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
...
(5) a switchblade knife;
...
(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.
...
5/25/2013 9:14:26 AM EDT
[#39]
Quoted:
Quoted:

Quoted:
can't first responders/police legally own them in texas already? if not.... oops

Legally, no. A lot of them do though.  


And according to sections 2 and 3, any owned before Sept 1 are still unlawful even after that date.


Not exactly.  If you are charged on August 31, you can still be tried after Sept. 1.  However, if I unlawfully posses in my house Aug 31, and begin to carry Sept 1, then they would need to prove I possesed before Sept 1 to charge me.  
5/25/2013 9:26:31 AM EDT
[#40]
Quoted:
Quoted:
can't first responders/police legally own them in texas already? if not.... oops

First responders, no.  Police, yes.

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
...
(5) a switchblade knife;
...
(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.
...


Defense to prosecution is not the same as legal to posesss.
5/25/2013 9:41:15 AM EDT
[#41]
Quoted:
Quoted:
Quoted:
Knew there was a reason I blocked you, and I couldn't resist urge to read your post...    Soo how many criminal cases have YOU filed against good law abiding citizens for keeping a collectible in their PRIVATE residence???  


You can be butt hurt ... but just know that he was merely stating what the law says, not his personal belief. So, it's not okay that you're being an ass ...

Sec. 46.05.  PROHIBITED WEAPONS.  (a)  A person commits an offense if the person 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, short-barrel firearm, or tire deflation device solely as an antique or curio;

As this is written, it is illegal to possess a switchblade knife, even in your own home. I, for one, hope this law will change and this silliness will end.

FWIW, I have arrested someone for possessing a switchblade in their vehicle. The person was a soldier who said he was issued it. I felt like shit....

Until I looked at the big picture and realized he was stopped because he was driving recklessly, later proved to be DWI, and also had two prostitutes in the car with him who had three crack pipes and 5 rocks of crack.

Such is life, I suppose.


First of all, I'm fine thanks for asking.

By PC 46.02 you CAN possess a switchblade in your home.

Sec. 46.02.  UNLAWFUL CARRYING WEAPONS.  (a)  A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1)  on the person's own premises or premises under the person's control; or


So 46.05 says its illegal and 46.02 say's it's not.  Im not trying to be a jerk, but I don't file serious charges on someone for 46.05 when 46.02 says its ok.



Possession of a prohibited weapon is a separate charge from UCW.
5/25/2013 9:43:24 AM EDT
[#42]
Quoted:
Quoted:
Quoted:
Knew there was a reason I blocked you, and I couldn't resist urge to read your post...    Soo how many criminal cases have YOU filed against good law abiding citizens for keeping a collectible in their PRIVATE residence???  


You can be butt hurt ... but just know that he was merely stating what the law says, not his personal belief. So, it's not okay that you're being an ass ...

Sec. 46.05.  PROHIBITED WEAPONS.  (a)  A person commits an offense if the person 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, short-barrel firearm, or tire deflation device solely as an antique or curio;

As this is written, it is illegal to possess a switchblade knife, even in your own home. I, for one, hope this law will change and this silliness will end.

FWIW, I have arrested someone for possessing a switchblade in their vehicle. The person was a soldier who said he was issued it. I felt like shit....

Until I looked at the big picture and realized he was stopped because he was driving recklessly, later proved to be DWI, and also had two prostitutes in the car with him who had three crack pipes and 5 rocks of crack.

Such is life, I suppose.


It was a jerk move to charge a soldier for having an issued knive in his car.


It was a jerk move to be intoxicated with an illegal weapon, prostitutes, and narcotics.

Just because you served doesn't give you a pass to commit felonies. You should know better, and you should be an upstanding citizen.

If he was in uniform headed to a duty post with it in his car (and we even got to that point) it would be a totally different situation.
5/25/2013 9:59:44 AM EDT
[#43]
Quoted:
Defense to prosecution is not the same as legal to posesss.

It's the exact same language for NFA firearms:

Sec. 46.05. PROHIBITED WEAPONS.
(a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
...
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
...
(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.
(c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.
...

I guess the NFA branch didn't get the memo that NFA firearms weren't legal to possess in Texas.

(Fixed a typo.)
5/25/2013 11:55:00 AM EDT
[#44]
Quoted:
Quoted:
Knew there was a reason I blocked you, and I couldn't resist urge to read your post...    Soo how many criminal cases have YOU filed against good law abiding citizens for keeping a collectible in their PRIVATE residence???  


You can be butt hurt ... but just know that he was merely stating what the law says, not his personal belief. So, it's not okay that you're being an ass ...

Sec. 46.05.  PROHIBITED WEAPONS.  (a)  A person commits an offense if the person 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, short-barrel firearm, or tire deflation device solely as an antique or curio;

As this is written, it is illegal to possess a switchblade knife, even in your own home. I, for one, hope this law will change and this silliness will end.

FWIW, I have arrested someone for possessing a switchblade in their vehicle. The person was a soldier who said he was issued it. I felt like shit....

Until I looked at the big picture and realized he was stopped because he was driving recklessly, later proved to be DWI, and also had two prostitutes in the car with him who had three crack pipes and 5 rocks of crack.

Such is life, I suppose.


Since you both appear to be LEO, I urge you to continue reading the penal code and if you do arrest someone for owning a switchblade (auto) knife reference 46.05(5)(d)(1):

Sec. 46.05.  PROHIBITED WEAPONS.  (a)  A person commits an offense if the person 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, short-barrel firearm, or tire deflation device solely as an antique or curio;


Basically if anyone gets arrested for a switchblade and they tell the judge that they owned it as a curiosity only, the charges won't stick (it's an affirmative defense).  However this defense is chunked out the window if they have the switchblade on their person or in their vehicle, as it is being carried and presumed being carried for use; but if it in their house, it could be part of a collection.  You still arrest them...they still go to court...they just have a defense that prevents them incurring any punishment.

(Also, double edged knives aren't illegal.  If you think they are...find the section of penal code 46 that says that and quote it up here)
5/25/2013 12:02:04 PM EDT
[#45]
Quoted:
Quoted:
Quoted:

Quoted:
can't first responders/police legally own them in texas already? if not.... oops

Legally, no. A lot of them do though.  


And according to sections 2 and 3, any owned before Sept 1 are still unlawful even after that date.


Not exactly.  If you are charged on August 31, you can still be tried after Sept. 1.  However, if I unlawfully posses in my house Aug 31, and begin to carry Sept 1, then they would need to prove I possesed before Sept 1 to charge me.  


Whether they could prove it or not, it would still technically be illegal.  But yeah, the more time passed after Sept 1 the harder it would be for them to prove it.  If a person didn't incriminate themselves by not being able to keep their mouth shut, about the only way they could would be if someone were to testify that it was owned it prior to Sept 1...  and that would get into the he-said she-said unless there were some kind of sales paperwork to back it up.  Anyway, I can't imagine many LEOs bothering to try it, they've got better things to do.  
5/25/2013 12:08:03 PM EDT
[#46]
Quoted:
Quoted:
Quoted:
Quoted:

Quoted:
can't first responders/police legally own them in texas already? if not.... oops

Legally, no. A lot of them do though.  


And according to sections 2 and 3, any owned before Sept 1 are still unlawful even after that date.


Not exactly.  If you are charged on August 31, you can still be tried after Sept. 1.  However, if I unlawfully posses in my house Aug 31, and begin to carry Sept 1, then they would need to prove I possesed before Sept 1 to charge me.  


Whether they could prove it or not, it would still technically be illegal.  But yeah, the more time passed after Sept 1 the harder it would be for them to prove it.  If a person didn't incriminate themselves by not being able to keep their mouth shut, about the only way they could would be if someone were to testify that it was owned it prior to Sept 1...  and that would get into the he-said she-said unless there were some kind of sales paperwork to back it up.  Anyway, I can't imagine many LEOs bothering to try it, they've got better things to do.  


See my above post right above yours.  Even if you do own it before Sept 1, you have an affirmative defense to prosecution via owning it as a curio in a part of a collection.
5/25/2013 1:01:52 PM EDT
[#47]
Quoted:
Quoted:
Knew there was a reason I blocked you, and I couldn't resist urge to read your post...    Soo how many criminal cases have YOU filed against good law abiding citizens for keeping a collectible in their PRIVATE residence???  


You can be butt hurt ... but just know that he was merely stating what the law says, not his personal belief. So, it's not okay that you're being an ass ...

Sec. 46.05.  PROHIBITED WEAPONS.  (a)  A person commits an offense if the person 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, short-barrel firearm, or tire deflation device solely as an antique or curio;

As this is written, it is illegal to possess a switchblade knife, even in your own home. I, for one, hope this law will change and this silliness will end.

FWIW, I have arrested someone for possessing a switchblade in their vehicle. The person was a soldier who said he was issued it. I felt like shit....

Until I looked at the big picture and realized he was stopped because he was driving recklessly, later proved to be DWI, and also had two prostitutes in the car with him who had three crack pipes and 5 rocks of crack.

Such is life, I suppose.


What a buzzkill you are.  The guy was having an EPIC night!!!!  
5/25/2013 2:37:34 PM EDT
[#48]
Quoted:
Quoted:
Quoted:
Knew there was a reason I blocked you, and I couldn't resist urge to read your post...    Soo how many criminal cases have YOU filed against good law abiding citizens for keeping a collectible in their PRIVATE residence???  


You can be butt hurt ... but just know that he was merely stating what the law says, not his personal belief. So, it's not okay that you're being an ass ...

Sec. 46.05.  PROHIBITED WEAPONS.  (a)  A person commits an offense if the person 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, short-barrel firearm, or tire deflation device solely as an antique or curio;

As this is written, it is illegal to possess a switchblade knife, even in your own home. I, for one, hope this law will change and this silliness will end.

FWIW, I have arrested someone for possessing a switchblade in their vehicle. The person was a soldier who said he was issued it. I felt like shit....

Until I looked at the big picture and realized he was stopped because he was driving recklessly, later proved to be DWI, and also had two prostitutes in the car with him who had three crack pipes and 5 rocks of crack.

Such is life, I suppose.


First of all, I'm fine thanks for asking.

By PC 46.02 you CAN possess a switchblade in your home.

Sec. 46.02.  UNLAWFUL CARRYING WEAPONS.  (a)  A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1)  on the person's own premises or premises under the person's control; or


So 46.05 says its illegal and 46.02 say's it's not.  Im not trying to be a jerk, but I don't file serious charges on someone for 46.05 when 46.02 says its ok.

Sorry dude, you're still wrong.

5/25/2013 2:43:04 PM EDT
[#49]
Wow guys we are still debating this?

An illegal knife is NOT A SWITCHBLADE, and vise versa and the exemption to the ILLEGAL KNIFE possession does not apply to the prohibited weapon/switchblade.

There is no exemption to possession of a switchblade ( a prohibited weapon ) in your home unless it is a CURIO OR RELIC. 46.02 is refrencing ILLEGAL KNIVES.  Which are clealy defined.  Switchblade is also clearly defined separately.


..however with that said, I am opposed to these being illegal.  But they are still illegal at least for now.

Glad to see the law is going to be changed.

5/25/2013 2:49:21 PM EDT
[#50]
Ok....so Sept 1, 2013 and after.  I'll be able to purchase, own and carry something like a CRKT M16-04A automatic knife?


ETA:  what about surrounding states?


mm
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