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Re: Switchblade carry in Texas
Posted: Fri Dec 21, 2007 11:05 pm
by baboon
Abraham wrote:Why are switchblades prohibited?
A sheath knife is always ready to go, just not as compact.
So, where's the logic?
Anyone know?
These laws go back to the days of Operation Wetback! Only mexicans carried knives. Same thing with the outlawing of marijuana
http://www.tsha.utexas.edu/handbook/onl ... /pqo1.html
Re: Switchblade carry in Texas
Posted: Sat Dec 22, 2007 1:04 am
by dukalmighty
I think they outlawed switchblades to keep gangs from knife dancing like in westside story,seriously though i have a friend that is a knife maker/dealer he sells switchblade knives and i have watched his booth when he took a break,he told me if they ain't got a military id card or a LEO ID card they don't touch the switchblades.there was a situation in a state where he had his dispay and he was almost arrested for having switch blade knives,they allowed all the knife dealers to put them away and not display them or next violation was gonna result in an arrest,it could be possible cabelas sells them to LEO and military, but general public is a no no,one sales clerk unaware of the law could result in big problems for cabelas if thats the case.
Re: Switchblade carry in Texas
Posted: Sat Dec 22, 2007 1:18 am
by srothstein
I just wanted to correct one apparent misconception about switchblade knives. They are legal for anyone to own in Texas.
The law says it is an affirmative defense if you own it as an antique or curio. Someone posted about this saying you were ok if it were 100 years old. This is not correct. The definition of curio here is not the same as for an antique or curio firearm in federal law.
In the case of switchblade knives, the term curio is not defined anywhere in Texas law. This means it takes on the normal meaning of the term as any item that is unusual or different. Since a switchblade is not common, you can always claim it is just a curio and have it at home.
But, there is no legal way to carry it on a regular basis, so I don't know how much good it is to have them.
The other misconception is that a switchblade must have a button on the handle. This is only true if it is spring operated. If it opens by centrifugal force or gravity, it does not need a button. Thus, butterfly knives are considered switchblades under Texas law.
And I do agree that the assisted opening knives are just as fast, and much more legal. I have not looked into it that much (to me a knife is a tool for things I need and a last resort weapon only), so I don't know what the "wave" mechanism is. I saw one that had a lever stuck to the back of the blade that was designed to catch the edge of the pocket as you drew it. It was folded in your pocket and opened by the time you got it out. These are legal.
Re: Switchblade carry in Texas
Posted: Sat Dec 22, 2007 4:31 am
by KBCraig
srothstein wrote:I just wanted to correct one apparent misconception about switchblade knives. They are legal for anyone to own in Texas.
The law says it is an affirmative defense if you own it as an antique or curio. Someone posted about this saying you were ok if it were 100 years old. This is not correct. The definition of curio here is not the same as for an antique or curio firearm in federal law.
Great post, but I have to offer another correction, just so that a misconception isn't repeated: "100 years old" has nothing to do with firearms, whether they be antiques, curios, or relics. An "antique firearm", legally speaking, is one manufactured before January 1, 1899. A "curio or relic"is either 50+ years old, or specifically listed by ATF as a collectible.
Yes, it's bizarre, because an 1898 Mauser is "not a firearm", legally speaking, even if it functions identically to, and fires the same ammo as, a brand-new rifle sitting on your dealer's shelf.
And now back to knives...
Re: Switchblade carry in Texas
Posted: Sat Dec 22, 2007 11:58 pm
by htxred
i wonder how come no one from Houston has posted in this thread.
the shows that come through houston (high caliber, houston gun collector association) has a booth that has MANY different switchblade knives. different size, color, style, etc, along with many assisted open, spring knives. LEOs are constantly at these shows and the last 10 times i've been to them i've seen the same booth there.
Re: Switchblade carry in Texas
Posted: Sun Dec 23, 2007 12:25 am
by flintknapper
srothstein wrote:
The other misconception is that a switchblade must have a button on the handle. This is only true if it is spring operated. If it opens by centrifugal force or gravity, it does not need a button. Thus, butterfly knives are considered switchblades under Texas law.
And I do agree that the assisted opening knives are just as fast, and much more legal. I have not looked into it that much (to me a knife is a tool for things I need and a last resort weapon only), so I don't know what the "wave" mechanism is. I saw one that had a lever stuck to the back of the blade that was designed to catch the edge of the pocket as you drew it. It was folded in your pocket and opened by the time you got it out. These are legal.
I wish the laws would be updated/rewritten to be more specific.
Wording such as "designed", "primary function" etc.. would certainly be more useful/defining when addressing knives that open by gravity or centrifugal force.
Nearly all lock back knives of recent manufacture can be opened by centrifugal force...even if not specifically designed to do so. By strict letter of the law, they are illegal.
The "wave" feature on knifes (as you describe in second highlight), along with assisted opening knives, make them as fast or faster than "switchblades".
The old law is pointless now...if speed of presentation were it's original concern.
Re: Switchblade carry in Texas
Posted: Sun Dec 23, 2007 2:06 pm
by KBCraig
flintknapper wrote:I wish the laws would be updated/rewritten to be more specific.
I think you meant "repealed".
Re: Switchblade carry in Texas
Posted: Sun Dec 23, 2007 6:02 pm
by flintknapper
KBCraig wrote:flintknapper wrote:I wish the laws would be updated/rewritten to be more specific.
I think you meant "repealed".
That would be even better.
Re: Switchblade carry in Texas
Posted: Wed Dec 26, 2007 12:37 am
by rbraughn
I think srothstein is correct as I understand the curio / relic mumbo-jumbo.
I was always under the impression it is illegal to carry the switchblade in public, but is legal to own/possess and basically keep it at home.
The problem is most dealers/retailers dont want the hassle of selling to civilians, so they restrict sales to LEO/Military/ etc.
I also agree it is a stupid law.
The prices of some of those knives are ridiculous. Benchmades and Microteks (SIC?) are too rich for my blood. My Kershaw with assisted opening is very fast and much tougher than the more expensive autos.....
Re: Switchblade carry in Texas
Posted: Wed Dec 26, 2007 12:40 pm
by txinvestigator
rbraughn wrote:I think srothstein is correct as I understand the curio / relic mumbo-jumbo.
I was always under the impression it is illegal to carry the switchblade in public, but is legal to own/possess and basically keep it at home.
That is not what the law says. It mentions that it is a defense to DEAL in the weapon as an antique or curio.
Re: Switchblade carry in Texas
Posted: Thu Jan 03, 2008 6:02 pm
by GrandmasterB
So what if one has an automatic knife that opens when pressing a button on the blade, not the handle? Is this a loophole knife?
And for those asking what kind of knife could this be, think CRKT Bladelock that has been converted to auto.
Re: Switchblade carry in Texas
Posted: Thu Jan 03, 2008 6:39 pm
by txinvestigator
GrandmasterB wrote:So what if one has an automatic knife that opens when pressing a button on the blade, not the handle? Is this a loophole knife?
No, it is simply not a switchblade.
Re: Switchblade carry in Texas
Posted: Thu Jan 03, 2008 7:02 pm
by flintknapper
txinvestigator wrote:GrandmasterB wrote:So what if one has an automatic knife that opens when pressing a button on the blade, not the handle? Is this a loophole knife?
No, it is simply not a switchblade.
Man, we really need to make this switchblade, illegal knife, spring assisted knife thing.... a sticky or put it in FAQ.
Re: Switchblade carry in Texas
Posted: Thu Jan 03, 2008 11:17 pm
by htxred
htxred wrote:i wonder how come no one from Houston has posted in this thread.
the shows that come through houston (high caliber, houston gun collector association) has a booth that has MANY different switchblade knives. different size, color, style, etc, along with many assisted open, spring knives. LEOs are constantly at these shows and the last 10 times i've been to them i've seen the same booth there.
Re: Switchblade carry in Texas
Posted: Fri Jan 04, 2008 1:33 am
by ScubaSigGuy
I have been to several stores in the DFW area that sell automatic knives. I witnessed someone purchasing one at a large and well known local dealer / mail order business a few months ago and know for certain that the clerk did not ask for a military or LEO ID. When I asked him about it he told me that the owners would never risk losing thier license by selling those knives if it were illegal. I was pretty certain that he was wrong, but when I went home I did a little research myself and found this:
http://pweb.netcom.com/~brlevine/fedswitch.txt
And for the history of federal switch blade laws:
http://pweb.netcom.com/~brlevine/swbl-leg.txt
In addition couldn't find anything allowing LEO's to own and carry automatic or switchblade style knives.