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Everything posted by redstategunnut
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Looks like an assisted opener where the opening is not accomplished by pressing a button or other device in the handle. Strictly speaking, probably not a switchblade.
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In State v. Souder the defendant "possessed" the switchblade by having it in her home. It happens that the other two cases involved defendants who at the time were carrying on their person the switchblade in question. THAT DISTINCTION DOES NOT MATTER. The statute does not distinguish between "carrying" the switchblade and having it in your home. The statute criminalizes "possession." Possession can be on your person or in your home. That's the very point of State v. Souder. As far as I can tell, the statute was the same in 2005. No competent lawyer would argue that a switchblade found in the home of the defendant and acknowledged by the defendant to be her knife, as happened in Souder, was not "possessed" by the defendant. I really hope this resolves any remaining questions.
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Me, OhShoot. I'm the other licensed Tennessee lawyer. SARCASTIC RANT ON You win. You're right. Everyone else reading this thread, please ignore the two criminal defense lawyers who have tried to tell you that owning a switchblade knife is a misdemeanor. Ignore the plain language of the statute. Never mind that in thirty seconds I found no less than three cases in which a defendant was convicted and sentenced for having a switchblade. Count on law enforcement indifference. Rely upon what you see and hear at the gun shows. When you get arrested for possessing a switchblade, just tell the police that a guy on the internet said he had a couple and it was cool. Just throw around words like "curio" and "keepsake" and "ornament" and everything will be just fine. SARCASTIC RANT OFF
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OhShoot: With all due respect, sir, two different licensed attorneys who are "gun guys" have told you not only what the statute says but also cited case law showing you that you can be prosecuted and put in jail for owning a switchblade. Still, you argue. Rock out with your cock out, dude.
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There is what is custom and then there is the law on the books. No doubt, gun shows often have lots of knives that are "switchblades." The problem is, there is no "but I got it at a gun show and there was a cop standing right there when I bought it...." defense. The question was, "are automatic knives legal?" Someone posted, in substance, that an automatic knife is legal to own but not to carry. That is not what the law says. I agree, this law is often ignored. Do with that knowledge what you like. I roll strictly legal.
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I've read it all. If you have a modern switchblade knife that functions and is of recent manufacture, I think you will have a hard time applying "curio, ornament or keepsake" to it. Those terms are typically applicable to antiques, family heirlooms and items that are less than fully functional. Arguing affirmative defenses is a bad place to be in a criminal prosecution.
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All due respect, you are incorrect. TCA 39-17-1301 (17) “Switchblade knife” means any knife that has a blade which opens automatically by (A) Hand pressure applied to a button or other device in the handle; or ( Operation of gravity or inertia. TCA 39-17-1302 (a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells: (7) A switchblade knife or knuckles... It is a defense to prosecution that the person in possession of a "switchblade" is a law enforcement officer.
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I'm going to get a 100% on this quiz: Glock 19.
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Yes.
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It's a poorly written statute. I think it could be argued either way because a "switchblade" is a knife that opens automatically by pressing a button or other device in the handle. The spring assisted knives contain a device in the handle that causes them to complete the action of opening, but the opening is not commenced by pressing a button or other device "in the handle." The spring is in the handle, but it is not the part that is pressed. The problem is that all these arguments matter only after you have been charged with possession of an illegal weapon. Even "winning" this argument is like "winning" a pissing contest: even the winner gets wet. To get charged with possession of an illegal weapon for carrying a spring assisted opener, and nothing else, one would likely have had to put oneself in a very stupid situation and then have the misfortune to meet a really zealous officer who took a strong dislike to you. That's a bad place to be put. I roll strictly lawful. My HCP is not the most important "license" at stake for me if I am convicted of a crime involving a weapon.
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I think the only safe thing to do is get good at opening a knife like a Spyderco Endura or get a fixed blade. I roll with one of those two things every day. I agree, a spring assist could be construed as a switchblade under this definition.
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TCA 39-17-1301 (17) “Switchblade knife” means any knife that has a blade which opens automatically by (A) Hand pressure applied to a button or other device in the handle; or ( Operation of gravity or inertia. TCA 39-17-1302 (a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells: (7) A switchblade knife or knuckles... It is a defense to prosecution that the person in possession of a "switchblade" is a law enforcement officer. I would not have a switchblade in my vehicle unless I were a LEO.
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Bellshire Hardware = GTG
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Any man who has two guns should have a S&W j-frame. Keep the 642.
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Legal distance to shoot attacker with a knife?
redstategunnut replied to a topic in Handgun Carry and Self Defense
a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or using force intended or likely to cause death or serious bodily injury, if: (A) The person has a reasonable belief that there is an imminent danger of death or serious bodily injury; ( The danger creating the belief of imminent death or serious bodily injury is real, or honestly believed to be real at the time; and © The belief of danger is founded upon reasonable grounds. That said, according to the Tennessee Supreme Court, a persons's conduct and mental state must meet an objective standard of reasonableness for the conduct to be justified under these statutory defenses of self-defense, third-party defense, and necessity, and the mere fact that a person believes that his conduct is justified would not suffice to justify his conduct. -
Legal distance to shoot attacker with a knife?
redstategunnut replied to a topic in Handgun Carry and Self Defense
The distance at which you can shoot a threat wielding a knife is the distance at which that person poses an imminent threat of serious bodily injury or death to you or to a third person. That, of course, will depend. I think if you are contemplating that you yourself are the intended or potential victim, the 21' rule would find substantial support in law enforcement, if you had not yet unholstered. I would say if you have drawn and are ready to fire, the distance might be somewhat within 21', but I'm not going to quibble over a yard or two if a man with a knife is advancing on a man with a gun. He's nuts, he means to kill me, he's going down. -
Who here has had a carry permit the longest?
redstategunnut replied to a topic in Handgun Carry and Self Defense
I got my first permit from the Sheriff of a county in Middle Tennessee in 1994. There were two words misspelled on it and one word used incorrectly. I had to have a bond and the permit was issued for me to carry only one gun, the serial number of which was listed on the permit. I was just sure I would get stopped and have to produce that permit with the misspelled words on it, only to have some LEO laugh at me and tell me the next time I faked a document, use spellcheck. -
I took Fighting Rifle from Tactical Response in Camden, Tennessee this week. This was my first private training class of any kind for any weapon platform. First things first: Tactical Response runs a first rate organization, and I will return to Camden for additional courses. Go to Camden, take any course, I'm sure you will be pleased. To my classmates, you guys (and lady) were great people to spend a few days getting to know. Stand up people, every one. Thanks for a good hang. To the course itself: I ran a Saiga Arsenal AK47 on an SOE single point sling that I had picked up a few months ago from Outpost Armory. As an aside, if you haven't been to the Outpost Armory, get there, too. Great store, great selection, great food, great staff. One thing I noticed early on in my stay in Camden is how many alumni return for further training. Repeat customers are a sign of satisfaction. It also has bred deep and sincere camaraderie that I was very pleased to experience. If you spend any time on this forum, when you get to Camden you'll start putting names to faces and before long you feel like you are with old friends. These are great people, and they care that you are there and that you have a good experience. This includes people who don't work directly for Tactical Response, like John Willis at SOE who makes the best rigs and belts and accessories, bar none. Great guy, too. He checked out my gear that I bought before I learned about SOE, remarked favorably on it without any static and offered to let me use some of his stuff to see how I liked it. Conveniently, SOE is located right next to the Gear Store, which is ground zero for Tactical Response. Likewise Jeremy Horton who makes the bomb diggity in blades. I hope I can get one - you hear me, Jeremy???? Others have covered the course thoroughly, and I echo their positive comments. The course starts with the basics and builds step-by-step in a logical, coherent and reinforcing fashion. The instructors (Jay Gibson, Allen Webb and Paul Gomez) were thorough, professional, and knowledgeable. Interaction with the students (including in this class several Tactical Response instructors taking the class as students) is constant and positive. These guys are the real deal, they don't need to tell you how great they are or preach gun school guru dogma to you like it was given from God. What they tell you makes sense and works and sells itself. The weather was a factor. It was cold cold cold on day 1. Day 2, as noted above, was more remarkable for mud than cold, but it was still cold. I'm glad I had good gear and I was comfortable, and I'm glad I was able to test out my gear and run my guns under extreme conditions. A couple of suggestions for people thinking about taking a Tactical Response class. First, do it. You will not regret it, you will get your money's worth and you will go back. Second, and this is coming from a guy with a bunch of 1911s, take two Glocks to class: one to run the course with and one to put in your holster for the ride home. My G19 was filthy after this class. It never malfunctioned, but it was dirty, inside and out. After class, I stuck my G26 in my holster and went on my way. I considered taking a 1911 to class, but after reading many course reviews I decided against it. I'm glad I took my Glock 19 and left my 1911s at home. The drills and the course beg for a high capacity, high reliability gun. I love a 1911, but you don't take a Porsche off road, you take a truck. Please, don't hate on me, just trust what I'm telling you, you'll get more out of the class. Third, before you go to Camden, play dress up and do some dress rehearsals. Put on all your gear, loaded up like you will go to class. See if you can draw your pistol and reholster and secure it. I found out that my holster sucked, but it was too late. Take your rifle to the range and run it hard. Run a string of five or six magazines without stopping, because that is what you will do in class. If your gun can't do that, get it fixed or get a gun that can. I was the only one in a class of ten running an AK47 and I did not have a single hiccup, but most or maybe all of the ARs did have at least some problem, and there were some top shelf ARs in this class. The higher the round count, the more times the magazines hit the mud, the higher the rate of malfunctions. Again, don't hate on me, I'm just telling you what I saw. Fourth, don't do what I did: I bought a lot of gear off the internet before I went thinking, "I'll need/want this and this and this." In retrospect, I wish I had waited until I got to Camden and the Gear Store. They have pretty much anything you might need, especially as far as chest rigs and web gear. You won't need a kit that will hold 12 magazines, and you won't want to be hauling all that around. One in the gun plus four magazines is about all you will need. You'll need gear that works, not gear that looks cool or has the name brand you think is cool. Fifth, take at least two pairs of good gloves and practice shooting with gloves before you go. I wore out a pair of mechanic's gloves reloading my AK and had a backup pair, fortunately. What I had not done was shoot a lot with gloves on, and it showed until I got used to it. This goes for warm weather, too. As a wise man told me as I stood bleeding through my cut up gloves, "water is wet, gravity works and AKs are sharp." Sixth, stow your ego and know that you don't know all that there is to know. Listen. Listen to your instructors, listen to your teammates. There is knowledge oozing out of every inch of Camden. The only time I wasn't learning something was when I was running my mouth or sleeping. Soak it up, breathe it in. Like I said, I know I'm going back to Camden. Right now, I'm just hoping the other courses that I'm attending next month that I had already paid for before I went to Camden are half as good as what I experienced in Camden.
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There is no better IWB holster than a Supertuck.
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Anyone headed to the show in Franklin?
redstategunnut replied to alingo2001's topic in Events and Gatherings
$10 a head for 13 and older, $6 for kids. Cost me $26 to get in with my boys. I did find what I went to get, a Glock 26 at $499 less 3% because I paid cash. Otherwise, this is the same show as before only smaller with fewer guns. Not sure I'll pay my way in again, and I live in Franklin. Definitely wouldn't commute for it. -
I have a PM9. I have found it exceedingly easy to carry and 100% reliable. I concur that when carrying a spare, the top round can wiggle loose. It is a little tricky to take down and reassemble, and it is put together tightly, but this is just another "gun trick" you learn if you own enough guns. I love the way it carries in the inexpensive Galco Matrix holster, and it easy slips in and out of the front pocket of my cargo shorts. It shoots well, but with the 6 round magazine, you get the "free pinky" effect. I own about twenty handguns, some of which are many times the cost of the PM9. All but three of my handguns are in long term storage in my father's gun safe. These three are in my safe, and get carried regularly: Glock 19, S&W 442 "Molon Labe" j frame, and PM9.
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To clean: Simple Green or non-chlorinated brake cleaner To stash: Break Free CLP To lube: cheap ass bearing grease
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anyone planning a trip to the guns and gear expo?
redstategunnut replied to gotigers's topic in Events and Gatherings
I'd like to go. Gotta check with XO. I like jerky, not so much swords and fake Nazi stuff. Anyone know if there is a list of vendors available? It's a two hour drive for me and I'll be paying entry fees for at least myself and one son, so if I'm going to go I'd like to see a list of who will be there. -
There are two at Outpost Armory in Christiana, TN.
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I went to the local gunshop today. Let's just say they know who I am and I can never, ever take the wife there. I had in mind that the next time I see an SKS in good shape for a good price, I would pick it up. I perused their rack, found one totally worn out Yugo with mismatched parts and two that had been converted for magazines (no thanks). I was talking with one of the salesmen about nothing in particular and asked if they had any SKS rifles other than what was on the racks. Another salesman overheard this and told the first one to "get the one in the back." He emerged with a barely used Norinco paratrooper with matching parts. Nice! It was dirty and missing the fixed magazine, but - imagine this - I have a spare. We had a discussion, I did the papers and left with it for $275. Spent an hour cleaning it up, the spare magazine dropped right in no problem. Pending a range visit to check function and zero, I'm feeling pretty happy about this transaction.