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Old 09-02-2013, 10:39 PM   #1
Jose
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Default "Switchblade" law repealed... What to buy?

So now that this law has been repealed, what's a good knife to look at? Closest I've had to one would be a few different Emerson's and Spyderco's with the Wave feature on it.

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First, the definition of an Illegal Knife in Sec. 46.01(6)(C) still includes "dagger, including but not limited to dirk, stilletto and poniard." That has not changed. None of these type knives, dagger, etc., are defined in Texas law, but based on case law generally you should assume that a "dagger" covers any double-edged blade. This would include automatic knives with double-edged blades.

Some have suggested that you might make a case for the position that when the legislature repealed the ban on switchblades, that repeal covers any automatic knife, regardless of blade style. That is referred to technically as a "presumptive repeal" defense. However, unless you want to be a test case, spend thousands and thousands of dollars and possibly still end up in jail if you lose, that could be a very risky position to take. We do not recommend testing the law by carrying a double-edged knife.

It is also noted that Section 46.15(b)(1) provides an exception to possession of an illegal knife if a person is on their own premises. There is also Texas case law with regards to firearms that supports the notion that a person who purchased a firearm that they would have been illegal to carry, is allowed to transport that firearm from the place of purchase directly to their premises. It would seem that this case law would support that same argument regarding an otherwise illegal knife, but, this has not ever been tested in court. It certainly would be unlikely to succeed if you were found to not have transported it DIRECTLY home.

There is also an exception for use if you are "engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity." Note the last part of that exception. You might find it a challenge in court supporting the contention that the otherwise illegal knife was "commonly used in the activity." Also, as with the previous paragraph, case law is clear that you cannot use this argument if you are not actually traveling directly to or from the activity.

You can find all of Texas Penal Code, Chapter 46 WEAPONS here: http://www.statutes.legis.state.tx.u.../htm/PE.46.htm (Note that this official version doesn't include the repeal as it is not yet the law)
- See more at: http://www.kniferights.org/index.php....dRs9ffb5.dpuf

Last edited by Jose; 09-03-2013 at 07:36 AM.
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Old 09-02-2013, 10:41 PM   #2
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http://www.benchmade.com/products/3300

I've always wanted one
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Old 09-02-2013, 10:56 PM   #3
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I plan on this being my new daily carry.

http://www.benchmade.com/products/3150
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Old 09-02-2013, 11:26 PM   #4
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I'm partial towards Spyderco's and kinda leaning towards the Spyderco Citadel Automatic Knife.


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Old 09-03-2013, 06:29 AM   #5
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I bought the HK Epidemic. It is a Benchmade without their logo at half the price. Carries Benchmades lifetime warranty.



Buy from http://www.bladeops.com Free shipping, no tax, and use code NEW1 for 10% off very fast shipping...
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Old 09-03-2013, 06:49 AM   #6
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been carrying Benchmade autos for years
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Old 09-03-2013, 06:56 AM   #7
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Originally Posted by Cooter View Post
been carrying Benchmade autos for years
So have I. I've even sent it to them for warrenty and a to use their lifetime laser sharpening program. Knife was back to me in like 7 days.
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Old 09-03-2013, 07:19 AM   #8
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Harrison, what all did you have to do to when you sent it in?
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Old 09-03-2013, 07:23 AM   #9
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Quote:
Originally Posted by Jose View Post
So now that this law has been repealed, what's a good knife to look at? Closest I've had to one would be a few different Emerson's and Spyderco's with the Wave feature on it.
can you copy paste the law? I'd like to know more info.. Ive always wanted a switchblade..
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Old 09-03-2013, 07:37 AM   #10
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Quote:
Originally Posted by Stephen View Post
can you copy paste the law? I'd like to know more info.. Ive always wanted a switchblade..
Updated OP.
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Old 09-03-2013, 07:38 AM   #11
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Quote:
Originally Posted by Craizie View Post
Reading what I just added to my OP, it would seem this is still illegal.

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This would include automatic knives with double-edged blades.
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Old 09-03-2013, 07:43 AM   #12
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I love mine. I've had it since '07

I don't carry it though. Officers don't seem to care if you're carrying an auto, but a double edge is a no-no
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Old 09-03-2013, 07:55 AM   #13
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Default "Switchblade" law repealed... What to buy?

Switchblade arrests and knuckles were big arrests for a while here.

Just make sure your knife won't fall under the illegal knife/prohibited weapon category. You will go to jail, at least in Denton County.
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Old 09-03-2013, 08:24 AM   #14
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I have a S&W (fancy, I know) auto with a tanto blade that I've carried for 15+ years. I've used it for just about everything, and it has been sharpened exactly once. It really didn't have to be sharpened then, but I just freshened up the edge on it. It has never failed me.
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Old 09-03-2013, 08:26 AM   #15
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Are butterfly knives still illegal? I had one awhile back but of course dropped in the middle of doing tricky shit.
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Old 09-04-2013, 08:05 AM   #16
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Quote:
Originally Posted by Jose View Post
I'm partial towards Spyderco's and kinda leaning towards the Spyderco Citadel Automatic Knife.


I was looking around last night and found out that this knife has been discontinued. Might look around for a used one but otherwise I'm on the hunt again for my first automatic knife.

Last edited by Jose; 09-06-2013 at 01:12 PM.
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Old 09-04-2013, 08:19 AM   #17
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Quote:
Originally Posted by talisman View Post
Are butterfly knives still illegal? I had one awhile back but of course dropped in the middle of doing tricky shit.
If they have a double edged blade, yes.
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Old 09-06-2013, 01:08 PM   #18
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Quote:
Originally Posted by helosailor View Post
I have a S&W (fancy, I know) auto with a tanto blade that I've carried for 15+ years. I've used it for just about everything, and it has been sharpened exactly once. It really didn't have to be sharpened then, but I just freshened up the edge on it. It has never failed me.
I've never owned a knife that doesn't require frequent sharpening. I do, however, use it for literally everything from opening or cutting up cardboard, cutting smaller gauge wire, sawing small tree branches (I like a partial serrated blade), coolant and fuel type hoses, etc. I've primarily carried a kershaw the last 8-10 years probably. I like the speedsafe Whirlwind.

I've got a few automatics in my collection. The last of which is a Benchmade I bought from a member off of here. I bought it with the intention of adding it to my collection rather than it being a carry knife.
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Old 09-11-2013, 01:44 PM   #19
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I have a boker kalashnikov sadly here in MN it's still illegal, cant wait to come back to TX!!
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Old 09-11-2013, 03:00 PM   #20
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Where in MN are you?
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