Automatic knives question
What is the deal with automatic knives. The big knife seller guy at the gun show doesnt carry them anymore. Legal to sell? Legal to own? He used to have all kinds of autos. My favorite was the boker. whats the deal?
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Depends on the state laws. Federal law back in the 50s stated that "Switch blade" knives were illegal to own, buy or sell. With the advent of new words such as "Automatic knives" and "
Spring assist" knives many states relaxed their laws on the owning of them as they were not classified as "Switch blades" . Also the real ban on "Switchblades" was for the Stiletto type stabing blade with no cutting edge..0 -
quote:Originally posted by cartod
What is the deal with automatic knives. The big knife seller guy at the gun show doesnt carry them anymore. Legal to sell? Legal to own? He used to have all kinds of autos. My favorite was the boker. whats the deal?
In some states carrying one in your pocket is considered a concealed weapon. In Kansas many knife dealers at gunshows will only sell them to LE or Military. I've seen show promoters ask knife dealers to remove autos from their tables. It used to be overlooked but a lot of show promoters are feeling the pressure and don't want to give anti-gunners any excuse to gripe.0 -
The 1958 federal law did not make it illegal to own 'switchbade' or automatic knives, it just forbade importation, domestic manufacture, or interstate commerce in these items.....The legality of possessing automatic knives is pretty much up to the states.....Most have laws which restrict them in some degree or other..... 0 -
I once asked a knife dealer in a show type setting if he had any
automatics, and he said "are you law enforcement?". When I replied
"no", he brought some out from under the table.[:)]
Carried the one I got from him clipped to the outside of my pocket
for years, with only a few raised eyebrows.[8D]0 -
I think the MD law says you can have/carry one if you only have one arm or otherwise can't use one arm. 0 -
Some states allow you to own them for "collecting purposes only" but you can NOT carry it on your person. Check your state laws. 0 -
I have one in my pocket now. I bought it at a gun show a week ago in Pasadena. 0 -
In Oregon it is legal to carry an auto knife as long as it is visible. It is legal to use the pocket clip but it can't be down in your pocket or in a covered scabbard. I have carried a Becnhmade auto for years. It's nice that Benchmade is made here in Oregon as well. 0 -
quote:Originally posted by hicap47
The 1958 federal law did not make it illegal to own 'switchbade' or automatic knives, it just forbade importation, domestic manufacture, or interstate commerce in these items.....The legality of possessing automatic knives is pretty much up to the states.....Most have laws which restrict them in some degree or other.....
Is this law still in effect? There was a site, BladeAuction.com that was hawking imported Italian switchblades and guys shipping them all over the country.
I was at a HD swap meet in Syracuse and a guy had a DA Dalton clone on display. If you are not familiar with this knife it is very hard to tell if it is an auto. I asked the guy about NY law and he told me "it is OK if you don't carry and are just a collector." Wrong. The funny thing about this knife is that you can open it as fast without the spring as you can with it.0 -
quote:Originally posted by texdot
I have one in my pocket now. I bought it at a gun show a week ago in Pasadena.
I'm telling Arnold! [:0]0 -
CA legal blade length <2" 0 -
The 1958 law had to do with importation and interstate transfer, not domestic manufacture. The confusion comes from the way the law was worded. The only authority the federal government has in this matter is, the above, and to declare them illegal on federal land. The states are not federal land.
Bill0 -
Seems like a lot of people in the Forum are worried about being caught carrying a concealed weapon. I've carried one or two for over forty years, without being concerned about being arrested for it.
I've travelled a lot, but never been frisked.
D.0 -
I remember buying switchblade knives at Kress Dime Store in the 1950s. I don't think they would openly violate the law. If there is a federal law against switchblades, it must have come along after the 1950s. 0 -
No interstate commerce? Interesting.
I have a catalog from a company that sells automatics, and they allude to the same thing. In order to buy from them, I would have to sign an agreement to sell the knives only in Texas, or to military or law enforcement personnel.
Never heard of such. Anyone have a link to the text of the law?0 -
Wow I didnt know it was illegal in this state I had one for a while that I bought in Cali.[:0][:0][:0][:0] 0 -
Nunn - i thought it was illegal to possess a switchblade/automatic or a dagger in Texas (of any length)- except - if you are law enforcement? 0 -
quote: Nunn - i thought it was illegal to possess a switchblade/automatic or a dagger in Texas (of any length)- except - if you are law enforcement?
Technically, that is true.
46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he 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; or
(9) a zip gun.
(b) It is a defense to prosecution under this section that
the actor's conduct was incidental to the performance of official
duty by the armed forces or national guard, a governmental law
enforcement agency, or a correctional facility.
(c) It is a defense to prosecution under this section that
the actor's possession was pursuant to registration pursuant to the
National Firearms Act, as amended.
(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, or short-barrel firearm solely as an
antique or curio; or
(2) was incidental to dealing with armor-piercing
ammunition solely for the purpose of making the ammunition
available to an organization, agency, or institution listed in
Subsection (b).
(e) An offense under this section is a felony of the third
degree unless it is committed under Subsection (a)(5) or (a)(6), in
which event, it is a Class A misdemeanor.
(f) It is a defense to prosecution under this section for
the possession of a chemical dispensing device that the actor is a
security officer and has received training on the use of the
chemical dispensing device by a training program that is:
(1) provided by the Commission on Law Enforcement
Officer Standards and Education; or
(2) approved for the purposes described by this
subsection by the Texas Private Security Board of the Department of
Public Safety.
(g) In Subsection (f), "security officer" means a
commissioned security officer as defined by Section 1702.002,
Occupations Code, or a noncommissioned security officer registered
under Section 1702.221, Occupations Code.
Illegal, but a defense exists, if the possession was as an antique or curio.
People get arrested for CARRYING automatic knives. I have never heard of anyone arrested for having one.0 -
quote:Originally posted by JamesRK
I remember buying switchblade knives at Kress Dime Store in the 1950s. I don't think they would openly violate the law. If there is a federal law against switchblades, it must have come along after the 1950s.
In the 50's and before, Schrade, Imperial and others made "carnival knives" that were used for prizes at such events. Italian switchblades could be bought nearly everywhere. Then the movie "Blackboard Jungle" came along and inspired, with the same basis in fact that "Reefer Madness" inspired pot prohibition, the federal law. Blackboard Jungle came out in 1955.0 -
quote:Originally posted by nunn
quote: Nunn - i thought it was illegal to possess a switchblade/automatic or a dagger in Texas (of any length)- except - if you are law enforcement?
Technically, that is true.
46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he 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; or
(9) a zip gun.
(b) It is a defense to prosecution under this section that
the actor's conduct was incidental to the performance of official
duty by the armed forces or national guard, a governmental law
enforcement agency, or a correctional facility.
(c) It is a defense to prosecution under this section that
the actor's possession was pursuant to registration pursuant to the
National Firearms Act, as amended.
(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, or short-barrel firearm solely as an
antique or curio; or
(2) was incidental to dealing with armor-piercing
ammunition solely for the purpose of making the ammunition
available to an organization, agency, or institution listed in
Subsection (b).
(e) An offense under this section is a felony of the third
degree unless it is committed under Subsection (a)(5) or (a)(6), in
which event, it is a Class A misdemeanor.
(f) It is a defense to prosecution under this section for
the possession of a chemical dispensing device that the actor is a
security officer and has received training on the use of the
chemical dispensing device by a training program that is:
(1) provided by the Commission on Law Enforcement
Officer Standards and Education; or
(2) approved for the purposes described by this
subsection by the Texas Private Security Board of the Department of
Public Safety.
(g) In Subsection (f), "security officer" means a
commissioned security officer as defined by Section 1702.002,
Occupations Code, or a noncommissioned security officer registered
under Section 1702.221, Occupations Code.
Illegal, but a defense exists, if the possession was as an antique or curio.
People get arrested for CARRYING automatic knives. I have never heard of anyone arrested for having one.
Does your state go on to define "switchblade knives?" Looks like a loophole for gravity blades.0 -
"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.0 -
Switchblade knives were in production in the US before 1900. Schrade, Imperial, Kabar, Case, Remington, and more sold them. They were not just "carnival knives." Most were serviceable cutlery items. Switchblades were not imported in any great quantity until after WW2.
In 1958 the "feel good" crowd (the same ones that want to ban guns today) got the interstate commerce prohibition passed. Hollywood had much to do with this.
Bill0 -
Texas has some strict laws on things don't they. 0 -
It often seems the laws are written is such a vague manner that they
can be defined however they may want to at any given time.
Many states have it written that "no assited opening" is allowed. IF
they would so choose, this could cover something as simple as a thumb
stud, or even a nail nic. Such as Nunn's (b) example...."centrifugal
force". Couldn't this cover any knife that could be flipped open?
This could include the famed ol Buck 110's that everyone used to be so
fond of flipping.
I feel that unless you're basicaly making an arse out of youself, many
things may be allowed that otherwise they could consider illegal.0
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