Challenging Texas balisong laws

Artfully Martial

Artfully Martial

Joined
Jun 8, 2005
Messages
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46.01 Definitions:
(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.


It occurred to me in reviewing my bizarre laws that most modern balisongs do not open by application of centrifugal force or with gravity--they have a latch--they lock closed. The modern bali is the OPPOSITE of a switchblade. Now, what can we do with this distinction?
 
A balisong usually is opened by centrifugal force.
 
There have been five separte court rulings in NY that have lead to the conclusion that they are not gravity knives in NY because in the wording of the NY law they must lock open automatically. The five judges all found that they did open as a grvity knife, but did not lock open, so I am not sure how a judge in your state would feel...
 
I claim that my balisongs are not opened by any sort of directional force, but by unlocking first.

Further, a tightened balisong couldn't be opened by any free rotating forces at all. Only by manual operation. Thus banning the genre balisong would be inappropriate anyway.

Refine this argument.
 
Test your theory right there in Ft. Worth. Open your bali in front of a LEO. If you don't wind up in jail, your were right!

Paul
 
If I opened my minigrip infront of a cop I'd probably end up in jail. But it says almost nothing as to the legality of the knife. No, I'm not trying to justify illegal carry in my mind, I'm trying to figure out how to make a strong argument for officials that the balisong should not be interpreted as illegal under current law. Strictly diplomatic. The balisong should not be illegal. And if it happens to already not be illegal (and according to the distinctions I just made, it's not), then getting in trouble for having one is only more painful...

I'll further challenge B by claiming that there is no centrifugal force as described there.
 
Gawker is a Texas LEO who can give you some information. He's around on the balisong forums. He gets to carry his since he is a LEO.

I gotta agree that a balisong is opened by centrifugal force. Sure an overly tightened one wouldn't do so, but that would take the fun out of carrying one.

Dont get me wrong, I definately want to see them legalized in the best state of the USA, but this might not be the best argument.
 
Centrifugal force does not really exist and we are discussing a property of the (not outlawed) centripetal force. They outlawed a fictitious genre of knives.
 
Good luck arguing that in court.
 
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