I have seen caltrop sold at gun shows. Had no idea they were illegal.
The autos you bought from Blade HQ are not curios. The reality is that auto knives are bought and sold all the time in Texas in violation of 46.05, but LE generally chooses to exercise discretion. As you said getting caught carrying one on the street might push the limits of that discretion.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.
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.
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.
The autos you bought from Blade HQ are not curios. The reality is that auto knives are bought and sold all the time in Texas in violation of 46.05, but LE generally chooses to exercise discretion. As you said getting caught carrying one on the street might push the limits of that discretion.
Actually, curio or relic status is an affirmative defense. Which means the defendant has to prove his knife (which was likely mass produced a few months ago in a factory) is an antique or curio. Microtechs and Benchmades et al are nice knives but they are not unique or even rare. For a better understanding of what a "curio" would be, I think it is helpful to look at Federal firearms law. Most of 46.05 is ripped off from Federal firearms law anyway.I think you are spot on about police discretion. But I think the definition of curio is open to challenge, since it is not defined in the statute. A judge would have to impose an arbitrary definition of the word to convict someone, since the law says nothing about what is and what is not a "curio", or an "antique" for that matter...
I think you are spot on about police discretion. But I think the definition of curio is open to challenge, since it is not defined in the statute. A judge would have to impose an arbitrary definition of the word to convict someone, since the law says nothing about what is and what is not a "curio", or an "antique" for that matter...
Have you bothered to read the definition of curio? If the intent was as you say the legislature could have simply exempted collectors. In law, when the code does not define a word one looks to the dictionary definition. A brand new benchmade switchblade is not a curio.
I also find it funny you question MY belief, based on training, education and experience, while making statements about intent and purpose as though you have some definitive knowledge about the subject.
Curios don't have to be old, but they do have to be curios.Don't take it personally, I'm trying to insult you, just asking questions. It's not enough to say that something is not a curio based on an just an opinion. Is there any case law on this?
Ok, So we take the definition: something (as a decorative object) considered novel, rare, or bizarre.
You could argue that a switchblade by it's nature is novel, or that your particular switchblade is decorative (suppose you put some art on it and display in your living room) or has a unique or bizarre design that makes it collectable to you as a curio. You can say any of that about a new knife. Or you could look at some other definitions from other dictionaries.
Not trying to start a flame war here. Just asking questions.
Actually, curio or relic status is an affirmative defense. Which means the defendant has to prove his knife (which was likely mass produced a few months ago in a factory) is an antique or curio. Microtechs and Benchmades et al are nice knives but they are not unique or even rare. For a better understanding of what a "curio" would be, I think it is helpful to look at Federal firearms law. Most of 46.05 is ripped off from Federal firearms law anyway.
No, those are relics.Yeah under federal law, (or ATF ruling) it's defined as 50 years old.
No, those are relics.
It helps to clarify the issue of "what is a curio" IMO.Federal definitions are irrelevant to staye law.