- Joined
- Dec 25, 1998
- Messages
- 7,394
Here is our law as copied from the Tennessee Codes Annotated
39-17-1307 Unlawful carrying or possession of a weapon-
(a)(1) A person commits an offense who carries with the intent to go armed a firearm,a knife with a blade length exceeding four inches (4"), or a club.
(2) An offense under section (a)(1) is a class C misdemeanor, except it is a class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.
A class C misdemeanor , not greater than 30 days or a fine not to exceed $50, or both.
OK two important things. It does not differentiate between folders and fixed blades. Any knife with a blade exceeding 4". These things are only illegal if you carry them with the intent to go armed. If there is probable cause to believe you are carrying it with the intent to go armed you can be arrested. Probable Cause are facts or circumstances that would lead a reasonable person to believe a crime has been committed. It takes guilt beyond a reasonable doubt to get convicted. If you are carrying a blade over 4" in Tennessee you need to be able to show that you are not carrying it with intent to go armed. That is as a weapon. You need to articulate that it is a tool or you could be charged.
Also autos are illegal unless you are in the military or are a LEO. That is under 39-17-1302
39-17-1302 Prohibited weapons- (a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:
(1) An explosive or explosive weapon
(2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;
(3) A machine gun;
(4) A short barrell rifle or shotgun;
(5) A switchblade knife or knuckles; or
(6) Any other implement for infliction of serious bodily injury or death which has no common lawful purpose.
section (b)(1) says it is a defense if you are using it in your official duty as a LEO or military.
section (c)It is an affirmative defense to prosecution under this section which the person must prove by a preponderence of the evidence that:
(1) The persons conduct was relative to dealing with the weapon soley as a curio, ornament or keepsake, and if the weapon is a type described in subdivisions (a)(1)-(5), that it was in a nonfunctioning condition and could not readily be made operable; or
(2) the possession was brief and occurred as a consequence of having found the weapon or taken it from an aggressor.
(d)(1)An offense under subdivisions (a)(1)-(5) is a class E felony
(2) An offense under subdivision (a)(6)-(7) is a class A misdemeanor.
A class A misdemeanor is not more than 11 months 29 days in jail or a fine not to exceed $2500 or both.
A preponderence of the evidence in non legal terms means just enough to tip the scales. Think of it as a 51% chance that you didnt do it.
So you can have a switchblade if in a preponderence of the evidence you can say it is a curio, ornament or keepsake. Basically you can have one at home but you cant carry one on you.
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Dennis Bible
[This message has been edited by shootist16 (edited 09-06-2000).]
39-17-1307 Unlawful carrying or possession of a weapon-
(a)(1) A person commits an offense who carries with the intent to go armed a firearm,a knife with a blade length exceeding four inches (4"), or a club.
(2) An offense under section (a)(1) is a class C misdemeanor, except it is a class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.
A class C misdemeanor , not greater than 30 days or a fine not to exceed $50, or both.
OK two important things. It does not differentiate between folders and fixed blades. Any knife with a blade exceeding 4". These things are only illegal if you carry them with the intent to go armed. If there is probable cause to believe you are carrying it with the intent to go armed you can be arrested. Probable Cause are facts or circumstances that would lead a reasonable person to believe a crime has been committed. It takes guilt beyond a reasonable doubt to get convicted. If you are carrying a blade over 4" in Tennessee you need to be able to show that you are not carrying it with intent to go armed. That is as a weapon. You need to articulate that it is a tool or you could be charged.
Also autos are illegal unless you are in the military or are a LEO. That is under 39-17-1302
39-17-1302 Prohibited weapons- (a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:
(1) An explosive or explosive weapon
(2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;
(3) A machine gun;
(4) A short barrell rifle or shotgun;
(5) A switchblade knife or knuckles; or
(6) Any other implement for infliction of serious bodily injury or death which has no common lawful purpose.
section (b)(1) says it is a defense if you are using it in your official duty as a LEO or military.
section (c)It is an affirmative defense to prosecution under this section which the person must prove by a preponderence of the evidence that:
(1) The persons conduct was relative to dealing with the weapon soley as a curio, ornament or keepsake, and if the weapon is a type described in subdivisions (a)(1)-(5), that it was in a nonfunctioning condition and could not readily be made operable; or
(2) the possession was brief and occurred as a consequence of having found the weapon or taken it from an aggressor.
(d)(1)An offense under subdivisions (a)(1)-(5) is a class E felony
(2) An offense under subdivision (a)(6)-(7) is a class A misdemeanor.
A class A misdemeanor is not more than 11 months 29 days in jail or a fine not to exceed $2500 or both.
A preponderence of the evidence in non legal terms means just enough to tip the scales. Think of it as a 51% chance that you didnt do it.
So you can have a switchblade if in a preponderence of the evidence you can say it is a curio, ornament or keepsake. Basically you can have one at home but you cant carry one on you.
------------------
Dennis Bible
[This message has been edited by shootist16 (edited 09-06-2000).]
