Without trying to be a thorn in your side or sounding like I am holding anything personal against you scobech, I think you need to read on a little further regarding the "switchblade" knife. I personally used to carry the neat little Kershaw "speed assist" knife. A criminal investigator with the local sheriff's office informed me that he had checked with the ADA in our wonderful little county here and that by definition it was a switchblade. They are apparently legal to purchase and legal to own but not carry on your person. The definition of "switchblades" are covered in Sect. 46.01 (11) (A) and (B) the latter being the one the ADA decided applied to the Kershaw I carried. Needless to say I kept it but ceased carrying it because there was no reason to take the chance. Just a little more food for thought, and I swear I have nothing against you personally!
Texas Penal Code
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.
� 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;
For a knife to be a switchblade it has to open by the application of centrifugal force, or by pushing a button located on the handle. I don't care what any criminal investigator thinks.
Switchblades are illegal to even posess
Actually, it is legal to own a switchblade, you just can't carry them. Swordcanes are the same, you can own, just can't carry.For a knife to be a switchblade it has to open by the application of centrifugal force, or by pushing a button located on the handle. I don't care what any criminal investigator thinks.
Switchblades are illegal to even posess
Actually, it is legal to own a switchblade, you just can't carry them. Swordcanes are the same, you can own, just can't carry.
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;
(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;
Unfortunate law because in many instances a switchblade is actually safer to handle since you can open and close with one hand. I think switchblades are illegal because of West Side Story. And the law about swordcanes is odd, I can carry a hidden gun but not a hidden sword.
Actually, it is legal to own a switchblade, you just can't carry them. Swordcanes are the same, you can own, just can't carry.
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;
(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;
.
Curio is defined as: any unusual article, object of art, etc., valued as a curiosityAnd an affirmative defense to prosecution is one you get to assert in court after being charged with the crime. It is not an exception to or non-applicability to the law. It is not a defense FROM prosecution.
You would have to prove that the knife was an antique or curio.
Curio is defined as: any unusual article, object of art, etc., valued as a curiosity
My experience from engaging law enforcement in my (successful) efforts to disrupt a local hate group is that if there is an affirmative defense then you will not be able to get city prosecutor to prosecute, thus police are reluctant to cite.
From all of my conversations with DA's and LEOs, you can own a switchblade, you just can't have it on you. So you better not get caught with it on your way home from buying it.
According to Merriam Webster;Curio is defined as: any unusual article, object of art, etc., valued as a curiosity
As a former LE; IF it is clear that the affirmative defense exists then many prosecutors are reluctant to file. I don't believe that a newly purchased switchblade is a curio. However, how is LE going to discover it in your house?My experience from engaging law enforcement in my (successful) efforts to disrupt a local hate group is that if there is an affirmative defense then you will not be able to get city prosecutor to prosecute, thus police are reluctant to cite.
From all of my conversations with DA's and LEOs, you can own a switchblade, you just can't have it on you. So you better not get caught with it on your way home from buying it.
Well 46.05 also says I can't own an SBR, silencer or machine gun, yet how many folks on this forum have legal possession of one of the aforementioned? In these cases there is a defense to prosecution as well, so what's the difference?
Texas Penal Code
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.
its illegal to sell too? the gunshow at the GRB here in houston has a booth that sells knives with buttons on them that when you push it, a blade pops up outta no where!!! wth im confused!But according to above, it's illegal to sell so you can't legally buy.