Switch Blade Knives

[brhalltx]

Was the blade length restriction changed/removed at the same time? (In a different bill...)

[eureka40]

When I said not so easy to buy, I was referring to mail order sales. The stores can ship to LEO and EMT but apparently not to average people in Texas. You can buy at a retail store (and pay more). I believe this is a federal restriction.

Blade HQ has shipped to me several times. No problem.

[tacticool]

Was the blade length restriction changed/removed at the same time? (In a different bill...)

No. The blade length restriction in 46.02 still applies when you don't have a 46.15 exception.

The switchblade restriction was in 46.05 which now seems to outlaw spike strips on your own property to stop trespassing vehicles.

[ELB]

Someone told me today that it is now legal for Texans to carry a automatic knife. I keep up with things pretty well and had never heard this - still don't think it is true. Anyone know if perhaps it is true. I know it is legal to own one, but was still under the impression you can't carry it unless an LEO.

HB 1862 passed by the 83rd Legislature made switchblades legal for carry in Texas. You can read exactly what was changed here: http://www.legis.state.tx.us/tlodocs/83 ... 01862F.htm" onclick="window.open(this.href);return false;

[rotor]

From BladeHQ site

8. Automatic Knife Laws & Assisted Knife Laws. The Switchblade Act, (Pub.L. 85-623, 72 Stat. 562, enacted on August 12, 1958, and codified in 15 U.S.C. § 1241–1245), as may be amended, (the “Act”) prohibits shipment of automatic knives across state lines, with the following exceptions:

(a) to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government;

(b) to supply or procurement officers of the National Guard, the Air National guard, or militia of a state, territory or the District of Columbia ordering, procuring, or purchasing such knives in the connection with the activities of such organization;

(c) to supply or procurement officers or employees of the municipal government of the District of Columbia or the government of any State or Territory, or any county, city or other political subdivision of a State or Territory;

(d) to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant of an order from any person designated in paragraphs (a), (b), and (c).

Sections 1242 and 1243 of the Act shall not apply to:

(e) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;

(f) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces.

(g) the Armed Forces or any member or employee thereof acting in the performance of his duty;

(h) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or

(i) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand wrist, or arm to overcome the bias toward closure to assist in opening the knife.

Blade HQ will not sell to any individual or group outside the State of Utah without the above conditions being met. This does not apply to automatic knives manufactured, distributed, purchased or sold within the State of Utah. Proper identification may be required before the order is shipped in cases where restricted items are purchased.

So, I would not advertise that they have shipped to you.

[carlson1]

Yeah, some are very expensive. I got a couple of these when they were in stock.

http://www.bladehq.com/item--Black-Ligh" onclick="window.open(this.href);return false; ... ack--13117

How well do the OTF models 'lock' open compared to side opening? ie. if they are thrust into a hard object will they close inadvertently ?

I have a Benchmade OTF for over a year now and I love it. I just bought another one that is the exact model I have from a man off of another forum about 1/3 the price. It was brand new and in the box. Benchmade knives are also guaranteed for life and will sharpen and clean for free.

I never carried a knife constantly until I bought my Benchmade.

[Abraham]

rotor,

Please correct me if I'm wrong, but it sounds like you don't believe switchblades are legal in Texas.

They are.

Up until recently, they were illegal, but no longer...

[rotor]

rotor,

Please correct me if I'm wrong, but it sounds like you don't believe switchblades are legal in Texas.

They are.

Up until recently, they were illegal, but no longer...

I know they are legal. I own one. My point is that federal law prohibits shipping them from a non-Texas source. You can legally buy one in a Texas store. I don't believe it is legal for a non-Texas store to ship you an automatic knife unless you are LEO or other exempt person.

[Abraham]

rotor,

That's very interesting.

If so, then the out of state shippers are putting themselves at great risk for prosecution and perhaps, even the recipient? Even though he can legally buy one in state...?

[carlson1]

rotor,

That's very interesting.

If so, then the out of state shippers are putting themselves at great risk for prosecution and perhaps, even the recipient? Even though he can legally buy one in state...?

This is probably why Benchmade wants your LEO credentials before they send your knife back after cleaning and sharpening.

[Abraham]

carlson1,

That raises another question: If I buy a Benchmade switchblade(I'm not LEO) and send it to them for sharpening/cleaning will they keep it if I'm not LEO credentialed?

Or...?

[carlson1]

carlson1,

That raises another question: If I buy a Benchmade switchblade(I'm not LEO) and send it to them for sharpening/cleaning will they keep it if I'm not LEO credentialed?

Or...?

That is a great question. I placed my credentials in the knife when I mailed it to them and they mailed it back to me.

It is my understanding that a non-LEO needs to take it to a Benchmade dealer and have the dealer do the shipping for you.


Edit: I am in Irving and there are about 8-10 dealers within a 20 mile radius of me. I don't think you would find it hard to locate a good dealer.

[them]

Benchmade says:

Automatic Knife Notice

Note: Any automatic knife (button activated spring-opening) returned for Warranty or LifeSharp service from outside of Oregon must also include either a signed copy of the "Auto Knife Opening Acknowledgment Form", your web account username if you have already accepted the AKO Acknowledgment, or be returned through an authorized Benchmade dealer. No exceptions will be made.

http://www.benchmade.com/services/lifet ... vices.aspx" onclick="window.open(this.href);return false;

The acknowledgement form makes you sign a statement that you are public safety or active military....so unless you are, your options are to drive to Oregon or go through a dealer. Never tried either.

I have a question about the federal code and state law though.

15 USC 1243 says:

Code: Select all

Whoever, within any Territory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), manufactures, sells, or possesses any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.

I read that as saying no switchblades can be possessed on US flagged boats, any boats in US waters, or on Guam/USVI/and the like. Does it apply to other federally owned land, like Corps of Engineers land around reservoirs? Are there any " indian territories " left/in Texas?

[rotor]

This is almost like the states that have legalized marijuana vs it's still illegal by federal law. Yes you can legally buy an automatic knife in Texas but be aware that these mail order deals from non-Texas firms are questionable and who knows where else it may not be legal to carry one. I don't even want to know about post office carry.

[IlliniBill]

Sections 1242 and 1243 of the Act shall not apply to:

(e) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;

Here is where the ambiguity comes in. Several interpretations believe that as long as you don't use US postal service, you are OK. Obviously, don't take my word for it. You might want to contact American Knife & Tool Institute (http://www.akti.org/" onclick="window.open(this.href);return false;) and get their take.