Camillus Lev-R-Lok... Auto or Not?

Joined
Aug 13, 2001
Messages
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I live in Houston, TX and was recently arrested for carrying an automatic knife. The blade in question was a Camillus Lev-R-Lok. This knife is advertised as being a non-switchblade and legal in every state. Unfortunately, I must plea bargin or set a trial date in two days. Can anybody help? Is the Lev-R-Lok an auto or not?
 
Below I've posted links and text of TX and Federal laws as applies to switchblades. I also searched the Camillus forum for info. The question has been asked before, but not answered with any real conviction or clarity by Camillus. They basically give a "buyer beware" to the customer. My suggestion: Find out what the plea deal is. If you can get away with a misdemeanor and a small fine, it might not be wothwhile to fight. You need to talk to a lawyer and show him the laws below, see what he thinks. Try to find someone who specilizes in weapons law. As a CCW state, you should be able to find one easily in TX.

http://pweb.netcom.com/~brlevine/tx.txt
Texas - Health, Safety & Morals - 46.02. Unlawful carrying
weapons. (a) A person commits an offense if intentionally,
knowingly , or recklessly carries on or about his person a
handgun, illegal knife, or club. [Exceptions: official;
actor was own premises; was traveling; engaged in lawful
hunting, fishing, or other sporting activity; security guard].
- 46.01. Definitions. (1) "Club"... includes... (D) Tomahawk...
(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, stiletto, and poniard;
(D) sword; or (E) 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.- 46.03. Places weapons prohibited.
(a) A person commits an offense if, with a firearm, illegal
knife, club, or prohibited weapon [includes switchblade
knives], he intentionally, knowingly, or recklessly goes:
(1) on the physical premises of a school [or school bus];
(2) on the premises of a polling place...
[(3) a court; (4) a racetrack; (5) secured area of an airport].
- 46.05. Prohibited Weapons. (a) A person commits and offense
if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells... (5) a switchblade
knife... (d) It is an affirmative defense to prosecution
under this section that the actor's conduct: (1) was
incidental to dealing with a switchblade knife,
springblade knife, or short-barrel firearm solely as an antique or curio...
- 46.06. Unlawful transfer of certain weapons.
(a) A person commits an offense if he... (2)... sells...
gives... offers... to any child younger than 18 years any
firearm, or illegal knife [except with written parental consent].



http://pweb.netcom.com/~brlevine/fed-swb.txt
(b) The term "switchblade knife" means any knife having a blade which opens automatically -
(1) by hand pressure applied to a button or other device in the handle of the knife, or
(2) by operation of inertia, gravity, or both.
 
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