Assisted opening knife classified the same as an auto open

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JB3
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Assisted opening knife classified the same as an auto open

#1

Post by JB3 »

Iwas wondering if a knife that has assisted opening,the same as an automatic knife as far as our restricted laws go. I am looking at a Gerber fast draw, and it is not listed LEO only. Can anyone clarify this. I put a picture of my new 45 ACP 1911 on 1911 beauties
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flintknapper
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#2

Post by flintknapper »

No problem in this state. It is NOT considered automatic or a "gravity" knife.

The blade needs to be 5" or less, and it cannot be sharpened on both edges (false edges do not count although some LE don't know the difference). The fast draw has a drop point blade with a small amount of "false edge" on the first part of the top. Not a problem.

Enjoy your knife.
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KBCraig
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#3

Post by KBCraig »

Texas Penal Code 46.01:

(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.


An assisted opening knife, like the Kershaw, doesn't open automatically by pressure applied to a button or other device located on the handle. You apply pressure to the thumb stud on the blade, and the spring takes over from there.

Knife laws are just plain silly, and should be eliminated. The switchblade was the "assault weapon" of its day, and was outlawed with just as much emotion, and just as little logic.

To think that the Bowie knife is an "illegal knife" in Texas... :evil:

Kevin
Last edited by KBCraig on Wed Jun 14, 2006 10:26 am, edited 1 time in total.

txinvestigator
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#4

Post by txinvestigator »

flintknapper wrote:No problem in this state. It is NOT considered automatic or a "gravity" knife.

The blade needs to be 5" or less, and it cannot be sharpened on both edges (false edges do not count although some LE don't know the difference). The fast draw has a drop point blade with a small amount of "false edge" on the first part of the top. Not a problem.

Enjoy your knife.
Hold on there...... :grin: How does that knife open?

here is the definition of a switchblade, which is a prohibited weapon;




(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.



edit: beat to the punch!! :smash:
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#5

Post by HOSSISFREE »

I thaught it was 5 1/2 inches

PENAL CODE

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH,SAFETY, AND MORALS
CHAPTER 46. WEAPONS

§ 46.01. DEFINITIONS.

(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, stilletto, 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.

Hoss
..." it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness." ~ Declaration of Independence!

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#6

Post by HOSSISFREE »

txinvestigator wrote: (B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.
Does that mean that it is a switchblade if you can swak the blade open with the proper flick of the wrist?

Hoss
..." it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness." ~ Declaration of Independence!

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#7

Post by txinvestigator »

HOSSISFREE wrote:
txinvestigator wrote: (B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.
Does that mean that it is a switchblade if you can swak the blade open with the proper flick of the wrist?

Hoss
if swak=sling, then yes. :grin:
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#8

Post by HOSSISFREE »

Then I'll remember to use the thumb stud to unfold it from now on. No more "slinging" it open.

Hoss
..." it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness." ~ Declaration of Independence!

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#9

Post by JB3 »

OK thanks guys, I'm going to order it tomorrow. I'll just make sure I don't sling it open, just use the thumb button. John
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#10

Post by flintknapper »

txinvestigator wrote:
flintknapper wrote:No problem in this state. It is NOT considered automatic or a "gravity" knife.

The blade needs to be 5" or less, and it cannot be sharpened on both edges (false edges do not count although some LE don't know the difference). The fast draw has a drop point blade with a small amount of "false edge" on the first part of the top. Not a problem.

Enjoy your knife.
Hold on there...... :grin: How does that knife open?

here is the definition of a switchblade, which is a prohibited weapon;




(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.



edit: beat to the punch!! :smash:



Yeah, Yeah, Yeah..... :smile:

Assisted opening knives have a spring mechanism of one form or another. They are constructed such that the blade itself when moved through a portion of its opening arc, initiates the (assist). This is how manufacturers get around the "Automatic knife" label. NO MECHANISM ON THE HANDLE.

Currently they are legal in most states. I feel certain that at some point.. they will become a legal mine field (Lord knows we can't have a knife that can be opened in 1/2 a second instead of 1 full second), Sheeeeesh!

If you want to "kick it around" some then go here: http://www.bladeforums.com/forums/index.php

Knives that can be "flicked" open are another matter. Many folding knives that liner lock.. can be made to do this. Some assisted knives as well. My advice is simply don't do it. We don't need the "authorities" making more restrictions.

But thats just me. One of the first things I did when I moved away from home was "run with a pair of scissors"! :grin: I guess I'm just kinda contrary that way.

Get 'em while you can.
Spartans ask not how many, but where!

Glockamolie
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#11

Post by Glockamolie »

txinvestigator wrote:
HOSSISFREE wrote:
txinvestigator wrote: (B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.
Does that mean that it is a switchblade if you can swak the blade open with the proper flick of the wrist?

Hoss
if swak=sling, then yes. :grin:
If that's the case, every folding knife I have is illegal. I can do a "gravity flip" on any of 'em. :shock:

Just to have fun with my lil cheapo video camera, I made a short vid of what I mean:

Image
- Brandon
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flintknapper
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#12

Post by flintknapper »

HOSSISFREE wrote:I thaught it was 5 1/2 inches

PENAL CODE

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH,SAFETY, AND MORALS
CHAPTER 46. WEAPONS

§ 46.01. DEFINITIONS.

(6) "Illegal knife" means a:

(A) knife with a blade over five and one-half inches;
Hoss

As you say, it is 5-1/2". (per the law).

In the knife world, we commonly leave 1/4"-1/2" of "wiggle room". The reason for this is because there is no federally mandated method of measuring blade length. In one state it may refer to the length of the "cutting edge" only. In another it may be from the tip to the handle or bolster. Another may deem the total length (of a folder) to be the entire blade including the portion within the handle. :shock:

For this reason, it is wise to know how the manufacturer determines their blade length, and if unsure...go down a 1/2".

But, per the law...you are certainly correct.
Spartans ask not how many, but where!

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#13

Post by WNallG30 »

My Emerson Commander with Wave opening is probably not kosher. But it's inconspicuous if I don't "wave" it open. It's also pretty easy to use gravity or centrifugal force to open any well broken in folder. Hmm, it sounds like knives are more controversial than guns. We should probably start regulating tooth picks. They're pointy.

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#14

Post by TxFire »

Until I lost it I carried a Benchmade AUTO everyday in defiance of the law. I was fully aware of what I was doing and the consequences of those actions. But I felt compelled to do so as an option mostly for cicumstances encountered "on duty". Was it "illegal", YES. But oh well. It has since been replaced with a lawfull Benchmade.

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#15

Post by HOSSISFREE »

Thanks Flint,

I carry a Cold Steel folder that measures 5 inches from tip to handle. I left that 1/2 inch just as a precaution. Now I know why.

It can open with centrifugal force as could the last 4 knives I've owned, but as this thread has progressed, I will only use the thunb stud to open it in view of anyone.

Still, it is cool to whip open 5 inches of cold steel!

Hoss
..." it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness." ~ Declaration of Independence!
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