Switchblades not OK at the gun show?

[AddyLO]

At the FW Gun Show this weekend one specific announcement over the PA caught my attention. The announcer reminded all vendors something to the effect that switchblades were not allowed to be "displayed" at their booth. The exact wording made me wonder if there wasn't a implied suggestion that simply storing (and selling) them "under the table" was OK.

But I seem to recall switchblades being openly displayed and sold last year. What changed?

I have no interest in a switchblade myself, just curious.

[Beiruty]

In TX those items are illegal to carry, no?

[gigag04]

In TX those items are illegal to carry, no?

Correct. They are considered a Prohibited weapon...not illegal knife that's different...confused? :)

[joe817]

Nothing Addy. Nothing. Switchblades ARE illegal to carry. They are collectors items ONLY.

They CANNOT be carried on your person ANYTIME, or in your car(routinely). IMHO they are collectors items ONLY, and should be treated with GREAT CARE and CONCERN, if you own one.

Note: I am no lawyer.

[joe817]

gigag04, I defer to you for further clarification, if you would please......

Or anyone else caring to contribute.

[AddyLO]

That's always been the case. My understanding was that they were legal to own (as a collector, for example) but not to carry around like you would a pocket knife (unless you are an LEO or on-duty military). Every gun show I've ever been to has had them for sale. But suddenly this weekend they were warning vendors off of "displaying them at their table". So again the question... what changed?

Again, I'm an avid knife collector but have no interest in switchblades myself. This is just idle curiosity.

[gigag04]

First some definitions:

Penal Code Ch. 46.01:

(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) bowie knife;
(E) sword; or
(F) spear.


(11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath and that opens automatically by pressure applied to a button or other device located on the handle or opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force. The term does not include a knife that has a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife.

So not this:

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

But this:

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.
(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.
(c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.
(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; or
(2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b).
(e) An offense under this section is a felony of the third degree unless it is committed under Subsection (a)(5) or (a)(6), in which event, it is a Class A misdemeanor.
(f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is:
(1) provided by the Commission on Law Enforcement Officer Standards and Education; or
(2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety.
(g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

[joe817]

Addy, I cannot answer your question. I too am an old time, way back knife collector. I didn't notice the announcement. And I saw several of them on tables. But they were at the "collectors tables" not the "new knife dealers" tables. But that's always been the case, as far as i know.

When I was a kid, I used to collect them. I had THE most beautiful green pearl handled, opposing DUAL switchblade(opposite ends of the tang). It was a Schrade-Walden. Dual buttons on opposite grip panesl. Got it for a whopping $8.00. Phew. Wish I had it now. My favorite was an Italian "stilleto"....button in the middle, with a spring so powerful it would literally jump out of your hand if you didn't have a good grip on it. Paid $8.00 for it IIRK. It was a 4" one.

In the mid 80's I picked up an orange handled Schrade, single switchblade on one end, and a "gut hook" (which was a parachute line cutter) on the other end. I bought it because I wanted it...to add to my knife collection. I paid $30.00 for it and knew I was getting took. But since I wanted it, I was satisfied.

Sorryyyy for going on and on. That was a LONG time ago, starting in the 50's with the Schrade. My how times have changed. *sigh*.

[boomerang]

A switchblade is a prohibited weapon (46.05) like a SBR or silencer.

gigag04 beat me to it

[joe817]

Thank you gigag04 for staying with this one.

(1) was incidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an antique or curio;

That was the section I was referring to....but it's a defense to the prosecution....which does nothing for a casual owner of a switchblade knife stuck in some obscure drawer or a bag who has never carried it....and gets arrested for it. Lots of pain and misery and expense ahead for him/her if caught....I fear.

IANAL.

[chabouk]

Yet more reason to nuke PC Chapter 46. All of it.

When a knife made famous by, and named for, a hero of the Alamo is an "Illegal knife" in Texas, it's time for a dramatic change.

[cougartex]

Yet more reason to nuke PC Chapter 46. All of it.

When a knife made famous by, and named for, a hero of the Alamo is an "Illegal knife" in Texas, it's time for a dramatic change.

[Ol Zeke]

Yet more reason to nuke PC Chapter 46. All of it.

When a knife made famous by, and named for, a hero of the Alamo is an "Illegal knife" in Texas, it's time for a dramatic change.

I agree. It's insane that It is legal for me to carry a .45 on my hip, a 9mm on my ankle and a .380 in my pocket.... all at the same time.... and I can't carry a knife in my boot?!
Also, functionally, there is very little difference in a Switchblade (illegal) and my assisted opening knives (legal).

[Drewthetexan]

I remember seeing several switchblades at one of the booths with a handwritten sign that said they were "assisted open" knives, or something to that effect. I thought they were illegal too, and wondered how they were getting away with trying to sell them. I guess I missed the announcement.

[gigag04]

Yet more reason to nuke PC Chapter 46. All of it.

When a knife made famous by, and named for, a hero of the Alamo is an "Illegal knife" in Texas, it's time for a dramatic change.

I agree. It's insane that It is legal for me to carry a .45 on my hip, a 9mm on my ankle and a .380 in my pocket.... all at the same time.... and I can't carry a knife in my boot?!
Also, functionally, there is very little difference in a Switchblade (illegal) and my assisted opening knives (legal).

You can carry a knife in your boot. Or in your underwear...it just must meet the guidelines set forth in CH 46 of the PC.