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- Sep 13, 2006
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I just bought a Kershaw Speed bump and I asked a cop at work if it was illegal and he said absolutely. I live in TX. If anyone has any info. I would be grateful. I'd hate to go to jail or something.
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Illegal Kershaw????
- Thread starter ojohnny400
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Not to insult cops, but do not take a cop's word (or opinion) for fact of law.
As for Texas, I really can't say. The law doesn't specify what a "switchblade" is, which could be either good or bad. Ask anyone who sees one in action, and they'll say an assisted knife like your Speedbump is a "switchblade". However, the classic description of a "switchblade" includes some sort of button or switch (including the Federal Switchblade Act), so you could similarily argue that it's not a switchblade.
But still, I couldn't say. I'm not from TX anyway. Best bet would be that if there's any doubt, leave it at home. Maybe somebody from TX could give you a better answer.
As for Texas, I really can't say. The law doesn't specify what a "switchblade" is, which could be either good or bad. Ask anyone who sees one in action, and they'll say an assisted knife like your Speedbump is a "switchblade". However, the classic description of a "switchblade" includes some sort of button or switch (including the Federal Switchblade Act), so you could similarily argue that it's not a switchblade.
But still, I couldn't say. I'm not from TX anyway. Best bet would be that if there's any doubt, leave it at home. Maybe somebody from TX could give you a better answer.
- Joined
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thanks for the info.
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There are a couple of things that come to mind after thinking about your question. Number 1, I am sure that Kershaw has been around the bend on this issue and could shed some light on your question 1-800-325-2891. Number 2, are there any local knife shops in your area , and if so do they sell any Kershaw A/O Knives ? I am sure they would be a good resource as well.
bestpricekt
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My experience with police is that to them, almost every knife is illegal -- go elsewhere for your info!!
You can probably get an AO Kershaw at your local Wal*Mart. That doesn't mean it is legal, but it is a good defense.
Knife laws are not written by people that know knives. AO is a new thing, and as far as I know, no knife laws have taken them into account yet (either to specifically outlaw them, or make a specific exception for them).
It really comes down to the opinion of the LEO if you get taken in or not, and then it goes to the courts (who may decide AO is or isn't a switchblade).
AO knives might show up in the laws in about 15 or 16 years.
I wouldn't leave your Kershaw at home just because of what a cop might think. A cop might think your slipjoint is illegal. If you decide what to carry just because of what a cop *might* wrongly think, you can't carry any knife.
I go by the letter of the law. AO is not the same as a switchblade. The law doesn't ban AO knives. They are legal.
If you carry an AO knife the day may come where you get pulled over for speeding and the cop might even arrest you for your legal AO knife. But in the end, you are in the right. And you may have to fight for your rights in the court. We can't just lay back and let knife laws control us to the point that we won't carry something that is actually legal. Know your laws and know your rights- and use your rights.
Like said above, this is not an insult to cops. I actually want to become a CHP officer. But there are so many laws and so many little details that no LEO can be expected to remember them all. There is so much misinformation about knife laws in specific that it is easy for a LEO that isn't a knife knut to think he/she knows the law, but actually have it wrong. As knife knuts, even we have trouble understanding the knife laws sometimes, so to a non-knife knut it can be extremely hard to understand and remember.
Knife laws are not written by people that know knives. AO is a new thing, and as far as I know, no knife laws have taken them into account yet (either to specifically outlaw them, or make a specific exception for them).
It really comes down to the opinion of the LEO if you get taken in or not, and then it goes to the courts (who may decide AO is or isn't a switchblade).
AO knives might show up in the laws in about 15 or 16 years.
I wouldn't leave your Kershaw at home just because of what a cop might think. A cop might think your slipjoint is illegal. If you decide what to carry just because of what a cop *might* wrongly think, you can't carry any knife.
I go by the letter of the law. AO is not the same as a switchblade. The law doesn't ban AO knives. They are legal.
If you carry an AO knife the day may come where you get pulled over for speeding and the cop might even arrest you for your legal AO knife. But in the end, you are in the right. And you may have to fight for your rights in the court. We can't just lay back and let knife laws control us to the point that we won't carry something that is actually legal. Know your laws and know your rights- and use your rights.
Like said above, this is not an insult to cops. I actually want to become a CHP officer. But there are so many laws and so many little details that no LEO can be expected to remember them all. There is so much misinformation about knife laws in specific that it is easy for a LEO that isn't a knife knut to think he/she knows the law, but actually have it wrong. As knife knuts, even we have trouble understanding the knife laws sometimes, so to a non-knife knut it can be extremely hard to understand and remember.
46.01
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.
I found this, its kinda old but, here it is. I also live in Texas and would say that the words button or other device might be cause for concern.
I'm not a lawyer, and this is not legal advice.
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.
I found this, its kinda old but, here it is. I also live in Texas and would say that the words button or other device might be cause for concern.
I'm not a lawyer, and this is not legal advice.
Its the 'or other device' wording that causes possible issue in the UK as well. In the UK, we work on case law amendments, so if you were arrested in the UK for carrying an AO and it went to court and the judge felt that the 'other device' utilised in the AO mechanism was covered by the spirit of the original auto legistlation - AOs would then become illegal as per full autos
Not looking forward to that day, as its likely to come before I get round to buying an AO as im lazy and skint :roflmao:
Rgds
Not looking forward to that day, as its likely to come before I get round to buying an AO as im lazy and skint :roflmao:
Rgds