is this knife legal to carry?

robertl1974

New Member
Jun 13, 2008
44
6
houston tx
hi guys i just got this knife it is a kershaw blur with speedsafe assisted thumb stud opening. the blade is 3.3/8 closed it is 4.1/2 open it is 8 inches long i do not know the texas law when it comes to knives carry i do not want to get in trouble for a knife thanks for all the help
kershawblur1.jpg
 

txinvestigator

TGT Addict
May 28, 2008
14,119
113
Ft Worth, TX
Does it have a spring that helps it open?

Here is Texas law on knives;

Texas Penal Code
CHAPTER 46. WEAPONS


Sec. 46.01. DEFINITIONS. In this chapter:

(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by being thrown;
(C) dagger, including but not limited to a dirk, stiletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.

(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. 46.02. 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
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.


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;




I'll have to see if I can find it again, but there was a case out of one of the Texas Court of Criminal Appeals where a person with an "assisted opening knife" was convicted, and that conviction was upheld. The knife was not named by manufacturer, but it was described in the ruling and sounded just like a Kershaw assisted opening.
 

robertl1974

New Member
Jun 13, 2008
44
6
houston tx
thanks guys this one come with that little bass thing in the pic i can remove that and then it will be a manuel knife i should be ok to carry it
SDC10280.jpg
 

Big country

TGT Addict
Mar 6, 2009
4,339
36
Cedar Park,TX
I'll have to see if I can find it again, but there was a case out of one of the Texas Court of Criminal Appeals where a person with an "assisted opening knife" was convicted, and that conviction was upheld. The knife was not named by manufacturer, but it was described in the ruling and sounded just like a Kershaw assisted opening.
I heard about that in my level lll class. It is my understanding that there is no clear law on the books that specifically pertains to "assisted openers" and that it is left up to the officer's discretion. I could be wrong but I think an assisted opener is released by a centrifugal force. But as I understand it is one of those gray areas that might be risky. But I'll leave it up to txinvestigator to get the specifics, because he is better at that than I am and he has proved me wrong before.
 

txinvestigator

TGT Addict
May 28, 2008
14,119
113
Ft Worth, TX
I heard about that in my level lll class. It is my understanding that there is no clear law on the books that specifically pertains to "assisted openers" and that it is left up to the officer's discretion.
Here is the issue;

The Kershaw assisted openers open by you first pressing the end of the BLADE where it meets the handle. As the pic shows, there is a little device that assists the blade open when you press the end of the blade.

Since the little button is NOT on the handle or sheath, it was widely thought that those knives were not switchblades. A person was arrested and charged with a prohibited weapon for having an assisted opening knife. He was convicted and appealed. The conviction was upheld, giving us precedent. Meaning a lawful arrest can take place for an assisted opening knife now.

I'm still looking for the case
 

ReVrEnD_0341

Active Member
Feb 22, 2008
204
16
Austin, TX
txinvestigator, just because the conviction was upheld, doesn't mean the arresting officer isn't a douche for arresting the guy.

And as for the gravity knife ruling... Any, and I do mean ANY folder can be a gravity knife. It is all in how it is used.

This whole thing with knives is stupid, and whoever came up with these laws should be taken out behind the wood shed and beat with a rubber hose.
 

Big country

TGT Addict
Mar 6, 2009
4,339
36
Cedar Park,TX
Right. But dose the blade use centrifugal force to "assist" with opening the blade? I think it does? If so by the definitions provided in chapter 6 of the penal code it is in fact a "switchblade", or at least that is how I interpret the definition. I don't or didn't think it was, but like you said there was a conviction, and it was not over turned!
 

Big country

TGT Addict
Mar 6, 2009
4,339
36
Cedar Park,TX
txinvestigator, just because the conviction was upheld, doesn't mean the arresting officer isn't a douche for arresting the guy
The arresting officer may very well be a douche. The question is about the actual law and how it reads, not the officer's douche bag ness.

And as for the gravity knife ruling... Any, and I do mean ANY folder can be a gravity knife. It is all in how it is used.
This whole thing with knives is stupid, and whoever came up with these laws should be taken out behind the wood shed and beat with a rubber hose.
Agreed! You can do just as much damage just as quick with all most any modern folding knife.
 

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