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legality of auto knives?
Posted: Fri Aug 21, 2009 7:55 pm
by lowonair
im looking for a new edc knife and was wondering what the final word was on auto knives. doesnt hb 4456 make it legal to carry an auto knife?
Re: legality of auto knives?
Posted: Fri Aug 21, 2009 8:04 pm
by boomerang
Sec. 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.
Sec. 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.
Full text at
http://tlo2.tlc.state.tx.us/statutes/do ... 046.00.htm" onclick="window.open(this.href);return false;
Re: legality of auto knives?
Posted: Fri Aug 21, 2009 8:09 pm
by lowonair
so in texas language they are still illegal?
Re: legality of auto knives?
Posted: Fri Aug 21, 2009 8:18 pm
by AEA
Auto assist knifes are NOT illegal in Texas.
http://www.texasshooting.com/TexasCHL_F ... uto+assist" onclick="window.open(this.href);return false;
Re: legality of auto knives?
Posted: Fri Aug 21, 2009 8:56 pm
by dcphoto
This might be nit picking, but aren't the prohibited weapons only prohibited if you are not on your own property? Of course, how would you get it to your property legally in the first place.
Re: legality of auto knives?
Posted: Sat Aug 22, 2009 1:04 am
by srothstein
Be careful of the terms you use. To me an auto knife is illegal, an auto assist knife is not. The law does not recognize either term and specifically defines what is a switchblade, and therefore illegal. I have always used the term auto knife for one that opens at the press of a button (also known as a switchblade). An auto assist knife I take to mean the relatively new knives that have some type of hook on them to start to force the blade open as the knife is drawn (usually from the pocket).
When you ask about what the law is, we can only truly answer using the legal terms.
Re: legality of auto knives?
Posted: Mon Aug 31, 2009 10:37 pm
by wford
dcphoto wrote:This might be nit picking, but aren't the prohibited weapons only prohibited if you are not on your own property? Of course, how would you get it to your property legally in the first place.
How about this ?
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; or
Re: legality of auto knives?
Posted: Tue Sep 01, 2009 9:33 pm
by Stupid
http://www.texasshooting.com/TexasCHL_F ... 8&start=15" onclick="window.open(this.href);return false;
Read the last two posts. My stupid interpretation of the law is that if I am licensed to carry a handgun and I am carrying, I can, at the same time, carry any illegal knife that i see fit, concealed or not.
However, you may not want to test the law.
Re: legality of auto knives?
Posted: Tue Sep 01, 2009 9:51 pm
by boomerang
Stupid wrote:Read the last two posts. My stupid interpretation of the law is that if I am licensed to carry a handgun and I am carrying, I can, at the same time, carry any illegal knife that i see fit, concealed or not.
Maybe for an illegal knife. But remember a switchblade is a prohibited weapon, like a a firearm silencer, according to 46.05.
The definition of switchblade did change today but I think it's a meaningless change for anyone who understood what "handle" means for a knife.
Re: legality of auto knives?
Posted: Wed Sep 02, 2009 1:25 pm
by wford
Stupid wrote:http://www.texasshooting.com/TexasCHL_F ... 8&start=15
Read the last two posts. My stupid interpretation of the law is that if I am licensed to carry a handgun and I am carrying, I can, at the same time, carry any illegal knife that i see fit, concealed or not.
However, you may not want to test the law.
I agree completely for illegal knife.