Legality in Texas of EDC'ing CRKT/SOG flippers

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May 8, 2010
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I live in Texas and was wondering if it would be legal to EDC a CRKT M16-12Z
or variant of SOG flipper? I've read up a tiny bit and I think it says auto's are illegal, but what constitutes an auto? Are these considered autos?

If illegal to EDC, would these be legal to own on personal property?
 
Texas has no premption laws and individual cities have passed laws more strict than the state laws( you can go to TexasStateGov and check out Tex law). So you could carry a knive in one town that was in compliance with Texas State law but not legal in say, San Antonio, where ALL lock blade knives are illegal.
So you better know the law where you live.
 
A good generalized definition on what an auto/switch blade is:
Any knife that fully opens & locks by activating a switch with no other action by the user.

Assited opening knives require a physical manupilation of the tang (flipper), or thumbstub - this would not be teh same as a button of a sliding switch. your laws will generally tell you. it varies state by state, and for the most part the sale is restricted to active military, first responders, law enforcement.
 
Welcome to Blade Forums blackbat.

FYI there's a whole BF sub-forum devoted to knife laws located at this link.
 
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A good generalized definition on what an auto/switch blade is:
Any knife that fully opens & locks by activating a switch with no other action by the user.

Assited opening knives require a physical manupilation of the tang (flipper), or thumbstub - this would not be teh same as a button of a sliding switch. your laws will generally tell you. it varies state by state, and for the most part the sale is restricted to active military, first responders, law enforcement.

It's never good to generalize when it comes to knife laws because conflicting with one technicality can make you a criminal.

You've gotta read:

1. Your state law.
2. Your local law.

Then you can know whether you're good or not. One state might consider AO to be fine while another considers them "switchblades." One might call a one-hand opener a switchblade while it's fine in another state.
 
CRKT M16's are all manual. They may have a flipper (or two), but there's no spring pushing the blade open, though there is a spring in the autoLAWKs.
 
As stated above, you have to read your state law and its definitions of the terms. However, if as stated above is true that there is no preemption in your state, like in mine (NY), then you need to look up your city laws, or county laws. You can do this either by contacting a lawyer (and having to pay money), or you could try official channels like calling the police, or local govt (which could take time, and you dont know if who you are asking actually knows the exact laws).

Another problem is that knife terms are in general, very loosely defined. A law may state a "drik" is illegal and yet not clearly define what a dirk is, and it is not the traditional scottish blade. So there is that. It is one of the problems of knife laws in general, they where not wrote by someone who knows knife terminology, but by (usually) idiots.


Usually an "auto" is defined on a state basis by the federal customs definition, which says that it has to have a button in the handle that when you depress, the blade is opened. It has to have a button in the handle, or else it is not an auto, it is an assisted. Thus flippers that are assisted, since you depress an attachment to the blade, not a button in the handle, are assisted, not autos. This technicality is the best aspect of the laws not being wrote by a person who knows knife terminology. As, in my opinion, assisteds would be considered autos if not for that technicality.

Anyway, I ramble. But there you go, the short of it, check your local laws for size restrictions, lock restrictions, and even terms like "threatening shape" which are so loosely defined.
 
Texas has no premption laws and individual cities have passed laws more strict than the state laws( you can go to TexasStateGov and check out Tex law). So you could carry a knive in one town that was in compliance with Texas State law but not legal in say, San Antonio, where ALL lock blade knives are illegal.
So you better know the law where you live.

redrover66, do you have a link explaining the bold part? I travel into SA a few times a month and I've never heard of this local law. Thanks.


It's never good to generalize when it comes to knife laws because conflicting with one technicality can make you a criminal.

You've gotta read:

1. Your state law.
2. Your local law.

Then you can know whether you're good or not. One state might consider AO to be fine while another considers them "switchblades." One might call a one-hand opener a switchblade while it's fine in another state.

Generalizing about laws is not a good idea. Correct.
But, what RevDevil wrote is exactly what Texas law stipulates both about Autos and A/O.
It works because this discussion is about Texas law, not some other State.

Last year, Gov Perry signed into law that A/O knives were legal in Texas.
http://akti.org/legislation/tx-06-18update.html
 
From the San Antonio codes
Sec. 21-17. - Certain knives prohibited generally; exceptions; penalty for violation.

(a)
It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5½) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.
(b)
The above prohibition set forth in subsection (a) shall not be applicable to a person carrying such a knife:
(1)
In the actual discharge of his duties as a peace officer, a member of the armed forces or national guard, or a guard employed by a penal institution;
(2)
On his own premises or premises under his control;
(3)
Traveling;
(4)
Engaged in lawful hunting, fishing or other lawful sporting activity; or
(5)
Using such a knife in connection with a lawful occupation, during such utilization.
(Code 1959, § 26-28.1)
 
From the San Antonio codes
Sec. 21-17. - Certain knives prohibited generally; exceptions; penalty for violation.

(a)
It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5½) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.
....

Thanks for that. I did some more research when I got home about that.
Horrible.

sickening.

Very sickening.

I wonder if someone has mentioned to the city of San Antonio that every
Walmart, sporting goods store and on and on carry lockblade knives?
 
From my son in law( a native of San Antonio) this law was passed during the reign of Henry Cisneros as a tool for police to have something to charge gang members with if they had no other charges.
 
San Antonio is a terrible place to live, this is just one of the many reasons.

Truth is, carrying a knife in Texas that isn't a keychain victorinox is a risk if you have a prosecutor that is out to get you. That said, I'd avoid any springs, I'm even thoroughly considering Benchmade's AXIS because a lot of Texas folk won't take the time to understand how the lock works and it could be easily misconstrued in a court.

I would say the flipper is legal here, but I'm no judge or cop. Just make sure you don't give any ideas that you would put the knife into another person. ;)
 
From my son in law( a native of San Antonio) this law was passed during the reign of Henry Cisneros as a tool for police to have something to charge gang members with if they had no other charges.

That is my understanding as well. I have spoken to numerous law enforcement officers and local judges and they all tell me not to worry about carrying a lock blade when in San Antonio, but I am not comfortable with the idea that they could use that ordinance if they chose to so I typically carry a fixed blade under 5" when in town. Other than that and the heat, San Antonio is not a bad place to live. Low COL, good hunting & fishing in range and less traffic & better Mexican food than the other major cities in Texas.
 
redrover66, do you have a link explaining the bold part? I travel into SA a few times a month and I've never heard of this local law.

I don't have a link for it, but I spoke with a Bexar County Sheriff's Deputy about it and he confirmed the law is in effect.
 
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