Thoughts on an Auto knife as an EDC

[RandomHero]

IIRC auto knives are "illegal" to carry in Texas, maybe im wrong though. but lately ive been looking at the Boker Kalishnikov line for a knife to carry. i know i say EDC but i proly wont carry it everyday, as i dont do that even now. But if im out geocaching or shooting or some special reason i would grab it on the way out.

Boker Kalashnikov Automatic Knife Safety Orange (3.3" Black Dagger) - Blade HQ

smaller version video.



thoughts/opinions?

 

[scap99]

Fixed blade for the win.
Autos are illegal unless you are LEO, Fire or EMS.

 

[txinvestigator]

Prohibited weapon, and prison. Unlawful to even posses.

 

[RandomHero]

Prohibited weapon, and prison. Unlawful to even posses.

that part, i didnt even know.

Aany suggestions for something in that $40 price range?

 

[jtyler]

that part, i didnt even know.

Aany suggestions for something in that $40 price range?

Kabar tdi

Sent from my HTC PH39100 using Tapatalk 2

 

[Soldiernurse]

Prohibited weapon, and prison. Unlawful to even posses.

What are the legal specs (lock blade) blade length, etc.?

 

[scap99]

What are the legal specs... blade length, etc.?

Auto feature makes it illegal no matter the blade length.

 

[Soldiernurse]

Auto feature makes it illegal no matter the blade length.

I guess I should have been more specific

I know auto knifes are illegal. I was asking about the legal specs [on a legal EDC], blade length, etc.?

Here is a pic of my knife in question w/folded length 4.5", blade length 3.5", and 1.5" of blade serrated;

 

[GatorUSMC]

I guess I should have been more specific

I know auto knifes are illegal. I was asking about the legal specs [on a legal EDC], blade length, etc.?

Penal Code 46.01
(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.


It's black and white that an auto-knife (not a spring assisted knife) is considered a prohibited weapon. There is some wiggle room to owning one though.

46.05. PROHIBITED WEAPONS
(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;



Unlike other sections, the law enforcement exemption isn't as strong: "It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty..."

 

[Ericstac]

I used to work real close with some of the government agencies and one of the local DEA agents one day gave me and my buddy that worked with me some benchmade autos as gifts. They were some sweet knives. I still have mine, works flawless even after 15 years.

 

[Soldiernurse]

Penal Code 46.01
(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...

Semper Fi, Bro. Exactly the info I wanted. Good to know my knife I carried in Iraq can also be my USA EDC.

 

[majormadmax]

Don't forget that any locking blade is prohibited under the following San Antonio municipal code...

§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.

(Code 1959, § 26-28.1)

Cross reference— Regulation of firearms and weapons, § 21-151 et seq.; possession of a knife, § 21-155.

Obviously there are questions concerning the enforceability of this statute, but you can argue that once you are brought before a magistrate.

I honestly have never seen anyone arrested for violating this ordinance alone, but it is on the books and can be enforced if a LEO wishes to do so.

Cheers! M2

 

[Younggun]

That's got to be one of the dumbest laws I've ever heard of.

 

[Soldiernurse]

Don't forget that any locking blade is prohibited under the following San Antonio municipal code...



Obviously there are questions concerning the enforceability of this statute, but you can argue that once you are brought before a magistrate.

I honestly have never seen anyone arrested for violating this ordinance alone, but it is on the books and can be enforced if a LEO wishes to do so.

Cheers! M2

I need to look up the municipal code for Cedar Park (20mi NW Austin)... Geez, a locking blade prohibited. Mine (pics in previous post) locks & unlocked via release lever. IMO, if knife doesn't lock, then it ain't worth a flip.

 

[winchster]

That's got to be one of the dumbest laws I've ever heard of.

Yea it's near the top of the list. However, if I'm in San Antonio I'm always traveling.

 

[Soldiernurse]

Yea it's near the top of the list. However, if I'm in San Antonio I'm always traveling.

+1... I live around 100 miles NW of SATX. Sometimes I drive down to SATX to check on our house we have for sale &/or pers business at FSH.

 

[okie556]

Prohibited weapon, and prison. Unlawful to even posses.

I see booths at our local gun shows with the old style switchblades on their tables. Wonder how they get away with this?

 

[txinvestigator]

I see booths at our local gun shows with the old style switchblades on their tables. Wonder how they get away with this?

Don't know. See 46.01 of the penal code for definitions and 46.05 for the law making possession illegal.

 

[okie556]

Don't know. See 46.01 of the penal code for definitions and 46.05 for the law making possession illegal.

As usual TXI thanks for info. I know an individual who has an old stiletto switchblade tucked away in his gun safe that needs to be destroyed. Too bad they don't have a illegal knife buy back program. LOL

 

[kerryp]

Anyone here a CHL instructor or expert that can answer this for me.

A colleague in my office just completed his re-cert class for the CHL and was told in his class that any knife that has a thumb screw on the blade, or any type of extrusion or device on the blade that allows it to be opened is considered illegal to carry when you have a CHL.

So by his definition my Kershaw Chill would be illegal because of the lever on the back of the blade. Review Kershaw Chill

I have read the latest definitions in 46.01 and in my interpretation my knife is not a concern, but I am not even close to a legal scholar and doon't necessarily understand all of the ins and outs of how these things are written:

(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.
(7) “Knife” means any bladed hand instrument that is capable of
inflicting serious bodily injury or death by cutting or stabbing a person with
the instrument.

(11) “Switchblade knife” means any knife that has a blade that folds,
closes, or retracts into the handle or sheath and that opens automatically
by pressure applied to a button or other device located on the handle or
opens or releases a blade from the handle or sheath by the force of
gravity or by the application of centrifugal force. 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.

He is saying that his instructor advised that devices like my lever on my knife open the blade by centrifugal force as stated above, I am just curious to hear from other instructors as to if this is what they have been told when going through their training or if this is just the interpretation of this instructor.

I just don't see how my knife can be considered a switchblade or illegal knife because of this extrusion on the blade when there are no other springs, etc, involved. But if there is an issue, I want to follow the law and carry what is legal. Thanks for the input.