Buck #290 Rush--switchblade In Tx?

[attorneyohan]

I have a client who purchased this knife at Walmart. He was arrested for UCW, and the police are claiming this knife meets the TX definition of switchblade. A switchblade is defined in TX as any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that (1) opens automatically by pressure applied to a button or other device located on the handle; or (2) opens or releases a blade from the handle or sheath by the force of gravity or by the aplication or centrifugal force.

I just left a knife store and they assure me the knife is NOT illegal even under this definition because you are actually manually opening the knife using part of the blade.

I am not a knife person and neither is the judge. There is not buttom on the blade so we are under definition (2). Why does this knife not meet that definition?

 

[Rat Finkenstein]

It in no way meets any of the criteria you listed.
An assisted opener needs to be opened manually to a certain point where the spring helps it open the rest of the way. This is why it is "assisted" and not an "automatic"

The knife also has a detent that keeps the blade from flopping open. the detent keeps the knife from meeting the second part of the definition you posted, which describe a gravity knife. The detent on assisted openers are actually much stronger than those on non-assisted folders-to keep the knife from springing open in your pocket.

I would suggest you enlist the services of an expert witness regarding knives.
Perhaps someone else here will have a suggestion or links to contact someone.

If the only charge they have against the client is a phoney switchblade charge, it should be easy to beat the rap with the facts.

Also, contact Buck and get information about the knife and assisted openers from the company itself.

Fight ignorance with facts!

Good luck.

 

[Tony G]

I generally agree with Rat but if the client had the knife adjusted so that you could snap it open with centrifugal force, you may have a problem.

I know that in California we had a problem with that and while the law was being written some guy showed up with a Sebenza and snaped it open and then asked if the intent was to outlaw a knife like that. The lawmakers agreed that it wasn't and added some language to address that.

Take a look at California law. Then tell the Texas LEOs that they are "pinker" then the nuts in California.

I'll stop before I go off on Texas and its product in D.C.