Switchblade carry in Texas

[alphonso]

Gents,

I saw some very nice switchblades for sale today. They were for sale to the general public. My question is, is it legal for a non LEO to carry a switchblade in Texas?

I looked around on the web and found only confusing information.

Thanks...

[atxgun]

Section 46.05 (prohibited weapons) clearly lists

(5) A switchblade knife

... however it goes on to say
(d) It is an affirmatice defense to proecurtion under this section that the actor's conduct:
(1) was indidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an antique or curio

So I guess unless it's over 100 years old you're out of luck. Although I'm not sure what a curio is defined as.

[alphonso]

Ok,

Thanks for the info, but I'm even more confused now...

[atxgun]

Where did you see these for sale? Was it at some reputable store or a flea market or a guy displaying his merchandise on the inside of his jacket in an alley?

Just because someone's selling something doesn't mean they're doing so legally.

[Mike1951]

Have a nice collection of switchblades in your home, you're not likely to get hassled.

Walk around with one and you'll pay a big price.

Switchblades are not 'illegal knives", as in having a blade too long or doubled edged.

Switchblades are prohibited weapons as in felony.

[alphonso]

Atxgun,

The switchblades were at the knife counter at Cabelas. I was surprised me to see them there for sale. The clerk behind the counter said he didn't know what the law was for carry, but that they were legal to sell. Go figure..

[txinvestigator]

Switchblades are illegal to carry, and even illegal to posses. It is also unlwful to sell them. The offense is NOT a felony.

Texas Penal Code
§ 46.05. Prohibited Weapons.
(a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(5) a switchblade knife;

(e) An offense under this section is a felony of the third degree unless it is committed under Subsection (a)(5) or (a)(6), in which event, it is a Class A misdemeanor.

[Dragonfighter]

Cabella's? Are you sure they were switchblades? They could have been look alikes. Also, a knife with a thumb jack is legal...provided it is appropriate length and configuration. My imagination can conceive of a knife, designed to look like a switchblade (polished ebony handles, tapered blade, etc.) that is really a conventional mechanism. The guy behind the counter sounds a little light in the grey matter in any case.

[alphonso]

Dragonfighter,

Absolutely I'm sure they were switchblades. They had Bench made models: 2550, 3550, and 9050 for $175, $175, and $210, respectively. The young man behind the counter was surprisingly (and conveniently) ignorant about the law.

I've never before seen switchblades for sale to the general public in Texas at an established retail outlet.

It's too bad that they are illegal to carry. Benchmade has been my pocket knife of choice for a long time and I'd sure like to have one of the smaller switchblades...

[jimlongley]

I have an acquaintance who is a knife dealer, who routinely carries a switchblade. He says he became a dealer because it enables him to carry one.

My reaction, considering the rapid deployment of the various thumb jack and "assisted opening" like my SOG Flash, is: "WHY BOTHER???"

[txinvestigator]

Dragonfighter,

Absolutely I'm sure they were switchblades. They had Bench made models: 2550, 3550, and 9050 for $175, $175, and $210, respectively. The young man behind the counter was surprisingly (and conveniently) ignorant about the law.

I've never before seen switchblades for sale to the general public in Texas at an established retail outlet.

It's too bad that they are illegal to carry. Benchmade has been my pocket knife of choice for a long time and I'd sure like to have one of the smaller switchblades...

Funny, the Benchmade website restricts sales of tose knives to LE and Military.

[txinvestigator]

I have an acquaintance who is a knife dealer, who routinely carries a switchblade. He says he became a dealer because it enables him to carry one.

Did ya tell him that he is wrong?

[DoubleJ]

TxI, I had a question about the assisted open guys. I remember a thread not all that long ago that someone said that assisted open knives were just as "illegal" as a switchblade. what's your take?

[txinvestigator]

TxI, I had a question about the assisted open guys. I remember a thread not all that long ago that someone said that assisted open knives were just as "illegal" as a switchblade. what's your take?

I am not as familiar with some of ya'll regarding the assisted open knives. My understanding is that there is a lever or button on the rear of the blade that uses a spring to help open the knife?

If so, they are not switchblades.

[Odin]

TxI, I had a question about the assisted open guys. I remember a thread not all that long ago that someone said that assisted open knives were just as "illegal" as a switchblade. what's your take?

That is not correct, assisted opening knives are not switchblades under Texas law.



PC46.01

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 thumb screw or stud that activates the assisted opening knife does not "automatically" open the knife, the torsion device inside the knife assists with opening but it takes a deliberate action of the hand manipulating the blade (via the thumb screw or stud) to cause the knife to open.