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 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.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.
What's that it is laying on?
I use to know what those were.
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.
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.txinvestigator, just because the conviction was upheld, doesn't mean the arresting officer isn't a douche for arresting the guy
Agreed! You can do just as much damage just as quick with all most any modern folding knife.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.
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.
Agreed! You can do just as much damage just as quick with all most any modern folding knife.
Doesn't mean he was either, and that Thomas was not the douche.txinvestigator, just because the conviction was upheld, doesn't mean the arresting officer isn't a douche for arresting the guy.
I just click okay when the spell check says to, you must never go against the spell check!Big, I think bagness is one word!
that's what i am worried about the cop that pulls me over i am sure he will give me a hard time just because i have my chl permit
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!
http://www.blademag.com/article/howtoturnabombshellhttp://www.blademag.com/article/howtoturnabombshell
http://www.precydent.com/pdf/TX App (4th)/04-06-00864-CR.pdf;jsessionid=15eq7uta0gsi2http://www.precydent.com/pdf/TX%20App%20(4th)/04-06-00864-CR.pdf;jsessionid=15eq7uta0gsi2
Thomas Vs State of Texas, the 4th Court of Appeals ruled an assisted opening knife a switchblade