On the subject of legal/illegal knives...

[Azurlia]

A few months ago I purchased a Schrade Professional's 1st Response.
Image of said knife

The sliding button on the left un/locks the blade in closed position, and auto-locks the blade in open position. By applying rearward pressure to the lever on the top of the knife, when the sliding button is in the blade unlock position, the knife blade is propelled open by spring pressure of some sort, in the blink of an eye.

The length of the blade is 3 inches. I live in San Antonio Texas. What laws apply to carrying this? I have not taken it outside my home, yet.

 

[Switch Hunter]

I believe by the letter of the law this could be considered a switch blade here in Texas and you could be subject to arrest. The knife is actually designed for first responders to emergency situations, for example, law enforcement, firefighters and emergency medical personnel. Your best bet for the correct answer would be to contact your local District Attorney's Office, ask one of the assistant district attorneys and document the name of who you spoke with if they say it is legal for you to carry. Hope this is helpful. Good luck.

 

[matefrio]

it's not a switchblade. It's not under spring pressure to open when the safety is off. It's only assisted open once the knife is taken out by your fingers. There is no sear so their is no "switch".

IF so then my kershaw with the safety would be a switchblade.

Hold on, San Antonio Texas...

It's illegal to carry a lock blade knife under 5 inches.

 

[Azurlia]

Hold on, San Antonio Texas...

It's illegal to carry a lock blade knife under 5 inches.

If that's true, than it's illegal to carry my Leatherman Wave that I carry with me everywhere I go, even to college, ALL the time, for years now, and noone has ever said anything about it despite using it in numerous public places??? Nonsense..

I'll probably keep carrying it regardless.

Also, I'd never even consider carrying a knife that didn't have a locking blade; non-locking blade knives are too dangerous, and fixed-blade knives give me nightmares.

 

[Texasjack]

Under 5 inches? Section 46.01(6) defines an illegal knife as one with a blade over 5 1/2 inches.

Link

 

[Wolfwood]

fixed-blade knives give me nightmares.

do we want to know?

 

[Buckles]

Under 5 inches? Section 46.01(6) defines an illegal knife as one with a blade over 5 1/2 inches.

Link

its a city ordinance.

 

[Switch Hunter]

Section 46.01 of the Texas Penal Code list the definition of a switch blade knife.

(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.

That is why I recommended contacting the local District Attorney's Office for their interpretation of the law. Don't mean to offend anyone but as you can see it doesn't have to have a switch to be a switchblade by definition.

 

[Azurlia]

its a city ordinance.

So.. how long has this city ordinance been on the books, and how do we get it overturned / what are the chances of getting it overturned?

 

[Azurlia]

Under 5 inches? Section 46.01(6) defines an illegal knife as one with a blade over 5 1/2 inches.

Link

Regarding that link... I think I found what I was looking for.

"(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"

Since that Schrade has a blade that folds into the handle, and opens automatically by applying pressure to that lever located on the handle.... I guess it does fall under the definition of a switchblade.

I don't understand why law-abiding citizens can't carry knives like these, if they have zero criminal intent with such knives.

 

[Texan2]

So.. how long has this city ordinance been on the books, and how do we get it overturned / what are the chances of getting it overturned?

Its been on the books for a long long time. It is rarely enforced.
Want to get rid of the ordinance? Call your city councilman. Express your opinion.

 

[txinvestigator]

Section 46.01 of the Texas Penal Code list the definition of a switch blade knife.

(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.

That is why I recommended contacting the local District Attorney's Office for their interpretation of the law. Don't mean to offend anyone but as you can see it doesn't have to have a switch to be a switchblade by definition.

Before last legislative session that was ther definition; there is now a new part;

The term does not include a knife that has a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife.

 

[matefrio]

Before last legislative session that was ther definition; there is now a new part;

That's the key. It is now it's ok in most of TX to have an assisted open knife. This knife is an example of one.

Now, Here's the San Antonio city ordnance note TX law covers over 5.5 inches:

Sec. 21-17. - Certain knives prohibited generally; exceptions; penalty for violation.
(a)It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5½) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.
(b)The above prohibition set forth in subsection (a) shall not be applicable to a person carrying such a knife:
(1)In the actual discharge of his duties as a peace officer, a member of the armed forces or national guard, or a guard employed by a penal institution;
(2)On his own premises or premises under his control;
(3)Traveling;
(4)Engaged in lawful hunting, fishing or other lawful sporting activity; or
(5)Using such a knife in connection with a lawful occupation, during such utilization.

 

[cuate]

Those laws were enacted to supposedly protect citizens from zombies. In the old days before gang bangers and the like carried pistols, one group usually carried switchblades and other now illegal knives, another group did their fighting with straight razors, but Gilette put their weapons our of business and made them obsolete for fighting.

 

[majormadmax]

It's been discussed numerous times before, but once again this San Antonio law is rarely enforced unless you are being arrested for some other crime...

Cheers! M2

 

[Azurlia]

Thanks for all the replies; matefrio, txinv, that's some nice clarification of the law. Helps me understand it better.