Will Switchblades be Legalized in Texas?

[McDaniel]

Are there any upcoming laws that will fully legalize Switchblades in Texas?

 

[Big country]

Not to the best of my knowledge. But there should be.

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[macshooter]

I have several, they are fine to own as collector items, so as long as you leave them at home. You can't carry them, or butterfly knifes, or "gravity operated" etc (check out the state penal code for prohibited weapons.) But you can have them at home. I use mine to open the mail. BladeHQ has a nice selection.

 

[Renegade]

Are there any upcoming laws that will fully legalize Switchblades in Texas?

Texas Legislature will not be in session until Jan 2013.

Texas primary is next month. NOW is the time to find out where candidates stand and vote accordingly.

 

[txinvestigator]

Switchblades are unlawful to posses. Unless the are an antique or curio, they cannot even be kept at home. You cannot just go buy a brand new switchblade and lawfully keep it at home.

Texas Penal Code

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device;
(9) a zip gun; or
(10) a tire deflation device.


(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, short-barrel firearm, or tire deflation device solely as an antique or curio

Websters


[h=2]Definition of ANTIQUE[/h]1
: existing since or belonging to earlier times : ancient <antique trade routes to India>

2
a: being in the style or fashion of former times <antique manners and graces> b: made in or representative of the work of an earlier period <antique mirrors>; also: being an antique



[h=2]cu·rio[/h] noun \ˈkyu̇r-ē-ˌō\
pluralcu·ri·os



[h=2]Definition of CURIO[/h] : something (as a decorative object) considered novel, rare, or bizarre

 

[Bithabus]

If you want 46.05 (a) (5) repealed start harassing your elected representatives now.

IMO it is a silly law.

 

[RandomHero]

Switchblades are unlawful to posses. Unless the are an antique or curio, they cannot even be kept at home. You cannot just go buy a brand new switchblade and lawfully keep it at home.

a tire deflation device? LOL!!!!!

so a valve stem remover is illegal? Hmmmm.........

 

[Bithabus]

a tire deflation device? LOL!!!!!

so a valve stem remover is illegal? Hmmmm.........

(17) "Tire deflation device" means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. The term does not include a traffic control device that:
(A) is designed to puncture one or more of a vehicle's tires when driven over in a specific direction; and
(B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device.

 

[Renegade]

I have seen caltrop sold at gun shows. Had no idea they were illegal.

Texas, getting more like Kali every day.

 

[Bithabus]

I have seen caltrop sold at gun shows. Had no idea they were illegal.

Texas, getting more like Kali every day.

They just added that one last session.

 

[txinvestigator]

If you want 46.05 (a) (5) repealed start harassing your elected representatives now.

IMO it is a silly law.

I could not agree more. And while we are at it, let's get 2, 3 and 4 changed to an exception if possession is pursuant to the NFA.

 

[Renegade]

I could not agree more. And while we are at it, let's get 2, 3 and 4 changed to an exception if possession is pursuant to the NFA.

I am going to bring this up to TSRA for next session, now that silencers are going to be more common in hunting.

Seems silly you can legally hunt with a suppressed SBR, and also be legally arrested for hunting with a suppressed AR.

 

[Mexican_Hippie]

We should just remove 2, 3 and 4. Make the Feds enforce it if they want to.

I know, wishful thinking.

 

[TheDan]

We should just remove 2, 3 and 4. Make the Feds enforce it if they want to.

Agreed... I personally feel there's no reason for them to be illegal, but there's definitely no reason for them to be illegal twice.

 

[RandomHero]

we need to remove 6 as well

 

[macshooter]

Switchblades are unlawful to posses. Unless the are an antique or curio, they cannot even be kept at home. You cannot just go buy a brand new switchblade and lawfully keep it at home.

(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, short-barrel firearm, or tire deflation device solely as an antique or curio;
Source

It's a curio. The definitions of important terms are given in beginning the section. There's no definition given for curio, and it commonly means an unusual collector item, not necessarily an antique, otherwise it would be redundant to say "antique or curio." Companies would not be shipping automatic knives into Texas if it was legal problem. It would be well known very quickly if there was a legal problem, and no company would do it. Just like companies don't ship high cap mags to Kalifornia.

 

[matefrio]

It's a curio. The definitions of important terms are given in beginning the section. There's no definition given for curio, and it commonly means an unusual collector item, not necessarily an antique, otherwise it would be redundant to say "antique or curio." Companies would not be shipping automatic knives into Texas if it was legal problem. It would be well known very quickly if there was a legal problem, and no company would do it. Just like companies don't ship high cap mags to Kalifornia.

Unfortunately just because someone sells an item doesn't = it's legal to possess.

 

[macshooter]

"antique or curio"

 

[txinvestigator]

"antique or curio"

Yep. And I gave the definition of curio. A brand new switchblade is not one.

 

[macshooter]

Yep. And I gave the definition of curio. A brand new switchblade is not one.

On what authority? Your personal definition? How for that matter is antique defined, without a specific age? If that is important then why was it left out of the statute definitions, which are very specific in terms of defining what is a switchblade?

Consider the purpose of the exception. It's sole purpose is to ALLOW KNIFE COLLECTORS TO POSSESS A SWITCHBLADE LEGALLY. That is why it was written. If the idea was to only allow "antique" switchblades, then they would have only used the word "antique" and defined what constitutes an "antique" by law. They have left both terms undefined. It seems clear the intent of the law was to allow collectors to own a switchblade as part of a collection (ie. in your home) and not allow them to be carried around.