Posted: 10/25/2009 12:50:04 PM EDT
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| If this gets signed would this clear up the vague TX laws regarding pocketknives? |
| Friday, October 23, 2009 |
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Quoted: That would have no effect on Texas law. However, Texas did pass a bill effective in Sept that better defines switchblades. I'll have to find the bill, as the state has not updated the statutes on the legislative website yet. Thanks. If you find the bill a link would be greatly appreciated. FB |
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http://www.legis.state.tx.us/billlookup/Text.aspx?LegSess=81R&Bill=HB4456 HB 4456 H.B.ANo.A4456 AN ACT relating to the definition of a switchblade knife for purposes of the offense of prohibited weapons. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTIONA1.AASection 46.01(11), Penal Code, is amended to read as follows: (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. 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. SECTIONA2.The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date. SECTIONA3.AAThis Act takes effect September 1, 2009. E Effective on 9/1/09 06/19/2009 E Signed by the Governor 06/19/2009 6980 |
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Quoted:
Kershaws are, but the Axis lock is now highly questionable... How so? [(B)]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. That seems to describe my BM Barrage. |
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I may be wrong, but here is my interpretation....
If it releases mechanically, it is a switchblade. If it is Spyderco, or any folding knife with a hole, knob, indention or anything else to aid in one handed opening, you are fine....Unless you oil it enough that you can flick your wrist and open it, then it is by definition a switchblade. TxInvestigator, please correct my interpretation if it is incorrect. |
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Have we come full circle? I carried knives for years but until lately I quit. As I have a CHL I never really thought about knife laws until I started reading about other surrounding states. Should there be a CKL Concealed Knife License? I have a couple Benchmades, Spyderco, a crappy Gerber I bought at Fattyworld ... that I have just thrown in a box or just leave in the truck since the last thing we need is a beatdown over a little folder knife. <sigh> |
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Quoted:
I may be wrong, but here is my interpretation.... If it releases mechanically, it is a switchblade. If it is Spyderco, or any folding knife with a hole, knob, indention or anything else to aid in one handed opening, you are fine....Unless you oil it enough that you can flick your wrist and open it, then it is by definition a switchblade. TxInvestigator, please correct my interpretation if it is incorrect. I am not a "knife guy" and don't really know how these other knives operate. But what you wrote LOOKS correct to me. Take that with a grain of salt though. |