Gunfighter

jairb · Joined: 05 Aug 2007 Posts: 16

Does anyone want to comment on folders they've found that open quickly and don't violate Texas Penal Code Sec. 46.01 (11) (B) which reads:

Sec. 46.01. DEFINITIONS. In this chapter:
...
(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.

In particular, there's no definition of how much centrifugal force is required. Technically there's not a folder built that won't fly open resulting from SOME amount of centrifugal force. I'm concerned though that every Kershaw, CRKT, Benchmade, Cold Steel, etc. that I've seen can be interpreted to violate this and subject me to prosecution for Unlawful Carrying Weapons (Sec. 46.02) which is a Class A Misdemeanor unless it happens in ANY establishment with a liquor license (NOT 51%) in which case it's a felony of the third degree.

I know we have some seasoned Texas LEOs here. I'm curious about the practicalities of and application of this statute.

Semper_Fi

After learning and practicing Brian Hoffner's folding knife techiques, I find that switchblades and other 'assisted' knives are actually slower than my unassisted, cold steel 4" folding blade.

Learning and practicing good techniques plus good equipment is the key.

Hoff...what is your experience on assisted blade vs. unassisted blade techniques, advantages/disadvantages?

jairb · Joined: 05 Aug 2007 Posts: 16

Thanks for the response Semper_Fi. I think you missed my point though. We open our folders using gravity and centrifugal force. We just call it a flip or flick. According to the letter of the law in the Texas Penal Code, that makes our knives "switchblades" even though they lack mechanical assistance. Read Section 46.01 (11) (B) verbatim and tell me there's no chance of a "misunderstanding" with any random Peace Officer.

Semper_Fi

Point taken and you came to the right place. Brian Hoffner and others can clarify this.

Hoff · Joined: 28 Jun 2007 Posts: 526 Location: Warrior Nirvana

JairB,
Regardless of how it appears the law is only in place for automatic knives. No one will ever be charged for a knife that opens because of gravity. As for the assisted openings, i.e. a little spring push once you manually start the opening process, to my knowledge no one locally has ever been charged. But, as we know, they are slower and can actually be a hindrance in the Hoffner system of defensive knife. The word defensive is important. What I teach is very defensive in nature and technique and will benefit us, not only in the fight, but in court as well.
Hoff

specrat · Joined: 29 Jun 2007 Posts: 201 Location: the shop

Inside Harris County, I don't see even the rookiest D.A. taking those charges

DEMON · Joined: 13 Jul 2007 Posts: 194 Location: Houston,Texas

Im kind of partial to my fixed blades.They have served me well. Twisted Evil

Hoff · Joined: 28 Jun 2007 Posts: 526 Location: Warrior Nirvana

Jair,
If it makes you feel any better 46.01. (11) B is language provided for Butterfly knives not for any folding knife that will open if enough centrifugal force is applied. If you are the good guy, justified, and righteous, you are not going to have problems. What will get you into trouble is when you need it to defend yourself or family and you don't have it...now that sucks.
Hoff

jairb · Joined: 05 Aug 2007 Posts: 16

I still carry two knives daily that function in the way we discuss in class. I have several from which to choose but normally carry a Benchmade Griptillian support side and a Kershaw Liner Lock strong side. The Kershaw is a little smaller and gets used as a utility knife because it raises fewer eyebrows.

The reason for asking the question is that it's open enough to interpretation that we should be aware that charges might be filed even if they don't stand up in court. It still might cost time and money to get to an acquittal.

I sure wish that statute had the word Butterfly rather than gravity or centrifugal force in it. Sad

Hoff · Joined: 28 Jun 2007 Posts: 526 Location: Warrior Nirvana

I agree but I think someone would relly have to tick off an officer to get arrested. But you are right, you can beat the rap but you can't beat the ride.
Glad that you are carrying and training.
Hoff

fm2 · Joined: 16 Jul 2007 Posts: 67

Hoff · Joined: 28 Jun 2007 Posts: 526 Location: Warrior Nirvana

That would work for me than you could carry whatever you train with and be accountable, period. But I am just a law enforcer, not a law maker...yet.
Hoff

jairb · Joined: 05 Aug 2007 Posts: 16

fm2,

I agree with the sentiment that the Second Amendment reads: "... keep and bear arms ..." not keep and bear sporting goods. I don't care what law abiding people carry as long as they're responsible.

My point was that the origin of that verbiage was to make Butterfly knives illegal in the same way switchblades were previously illegal. My lamentation concerns the unwillingness to make the law sufficiently precise. Clearly, 9/11 demonstrated that simple box cutters are more than sufficient for dedicated, focused assailants to do horrendous things to people unwilling or afraid to act against them. Focusing on the tool and not the actor has never been an effective way to alter behavior. After all, the tool has no mindset to affect.

The message of these laws seems to be "we don't want you to cut each other with switchblades or butterfly knives." rather than "don't cut each other."

Hoff · Joined: 28 Jun 2007 Posts: 526 Location: Warrior Nirvana

Its the nature of law making by ignorance. Look at the United Kingdom. Now that they have outlawed guns people are killing with large knives, now they want to outlaw knives of the kitcen variety. You can outlaw everything with killing potential until you get down to the rocks then what are you going to do as a lawmaker? They will have to bring back somthing that does not kill so gruesomely.
Hoff

fm2 · Joined: 16 Jul 2007 Posts: 67