Are Auto knives legal in TN

[Guest ryan02]

From what I have found on the web you can own them but not carry them. Does anyone know if this is correct ? I bought a Benchmade Auto knife from a local gun shop a few weeks ago. I dealt with the owner of the store ( and he is always an honest guy) and he said that anyone can carry them. I hope I did not pay $130 for a knife that I can't carry.

Thanks for the insight.

Edit; I did not find this out till a few weeks after buying it.

Edited December 12, 2009 by ryan02

[Guest Muttling]

You can carry a thumb knife or an other knife that is manually opened, but any form of switch blade or automatic opening knife is illegal.

[tntnixon]

As far as I know, they are not just illegal to carry, but illegal to possess. You're not even supposed to be able to buy them unless you're a LEO or millitary in TN. Of course, this make absolutely no sense to me. But when did our lawmakers ever use sense when passing laws.

Are you sure it's a "switchblade" and not a "spring assist" knife? The difference would be if you have to touch any part of the blade to open it (spring assist) or if it has a completely independent button you push (switchblade). My suspicion is that it's spring assist because of the price. Benchmade is very proud of their switchblades, they usually cost upwards of $300.00 (most reviews are not good on them and consider them over priced).

Just a pointer, when you respond to this post, say "Yes, I checked it and it's actually a spring assist knife".

[Guest ryan02]

Why would a local shop sell it. I know he is very honest man and runs a great store, but I'm kind of mad I paid that much for a knife I can't carry or own for that matter. What would you guys do?

I love the knive but I may take it back, I spent that money thinking I was buying an EDC knife. I don't have the box or receipt.

Edited December 12, 2009 by ryan02

[tntnixon]

deleted

Edited December 12, 2009 by tntnixon

[Guest ryan02]

I know they did not do it on purpose. I guess he just did not know the law on them,

It's a: Benchmade Pardue BM 3550.

I bought it when they had the big sale a few weeks ago. It was $199 but I got it for $130 OR $140.

Edited December 12, 2009 by ryan02

[tntnixon]

The 3550 is a auto knife. Unless TN law has changed (quite possible), it would be illegal. Take it back or sell it to someone who can legally own it.

[Oh Shoot]

I know he did not do it on purpose. I guess he just did not know the law on them,

It's a: Benchmade Pardue BM 3550.

I bought it when they had the big sale a few weeks ago. It was $199 but I got it for $130 OR $140.

Confusing.

The BM site shows two models of Pardue, neither is auto, and neither is model 3550.

The site shows the 3550 and 3550 SBK as indeed auto opening knives.

- OS

[Guest ryan02]

Benchmade Pardue Auto BM3550

Just like this one here.

As far as posting about an illegal knife I own online, if it being illegal is the case I plan on taking back to the store I bought it tomorrow.

[tntnixon]

Confusing.

The BM site shows two models of Pardue, neither is auto, and neither is model 3550.

The site shows the 3550 and 3550 SBK as indeed auto opening knives.

- OS

Pardue is one of Benchmade's designers similar to Ken Onion at Kershaw. I guess I can imagine it having his name on it without being on the website as such, but I could be wrong. I haven't actually seen to knife.

[Oh Shoot]

Benchmade Pardue Auto BM3550

Just like this one here.

As far as posting about an illegal knife I own online, if it being illegal is the case I plan on taking back to the store I bought it tomorrow.

Yeah, same one I was looking at on BM site, just didn't say "Pardue".

Yeah, you'd best get your money back for that baby or keep it and not carry it.

Your HCP won't get your azz out of trouble if you're caught with that one.

Show guy in store this part of TCA:

39-17-1302. Prohibited weapons.

(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

(7) A switchblade knife or knuckles;

An offense under subdivisions (a)(7)-(8) is a Class A misdemeanor.

“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

- OS

[Guest ScottD]

My understanding of the law is they are legal to posses only by emergency personnel. I'm not sure if that means just cops, or if it extends to EMS/FD as well.

[Guest That Guy]

You can buy, and carry on your property all day long. Step off, and you could face some hefty penalties. First responders (LEO, Fire, EMS, Etc..) can carry on duty.

Chances are no one will ever know its an auto. That is, until you have to use it. Then you're boned:(

[K191145]

You can buy, and carry on your property all day long. Step off, and you could face some hefty penalties. First responders (LEO, Fire, EMS, Etc..) can carry on duty.

Chances are no one will ever know its an auto. That is, until you have to use it. Then you're boned:(

Well no one has a problem selling them at gun and knife shows here and they don't try to hide the fact that they are switch blades so I believe you are correct, they are legal to buy and own, just not to carry.

[Mykltn]

You can buy, and carry on your property all day long. Step off, and you could face some hefty penalties. First responders (LEO, Fire, EMS, Etc..) can carry on duty.

Chances are no one will ever know its an auto. That is, until you have to use it. Then you're boned:(

This part of the tn code would suggest that it is also Illegal to possess said automatic knife or "switchblade" as defined by law. That being said, a Spring Assited knife with a blade less than 4" is perfectly legal and just as fast to open. And they are generally less expensive.

"39-17-1302. Prohibited weapons.

(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

(7) A switchblade knife or knuckles; or

(8) Any other implement for infliction of serious bodily injury or death which has no common lawful purpose.

( It is a defense to prosecution under this section that the person's conduct:

(1) Was incident to the performance of official duty and pursuant to military regulations in the army, navy, air force, coast guard or marine service of the United States or the Tennessee national guard, or was incident to the performance of official duty in a governmental law enforcement agency or a penal institution;

(2) Was incident to engaging in a lawful commercial or business transaction with an organization identified in subdivision ((1);

(4) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance or scientific research;

(5) Was incident to displaying the weapon in a public museum or exhibition;

(6) Was licensed by the state of Tennessee as a manufacturer, importer or dealer in weapons; provided, that the manufacture, import, purchase, possession, sale or disposition of weapons is authorized and incident to carrying on the business for which licensed and is for scientific or research purposes or sale or disposition to the organization designated in subdivision ((1); or

© It is an affirmative defense to prosecution under this section which the person must prove by a preponderance of the evidence that:

(1) The person's conduct was relative to dealing with the weapon solely 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.

[Acts 1989, ch. 591, § 1; 1990, ch. 1029, §§ 2, 11; 2001, ch. 375, §§ 3, 4; 2002, ch. 849, § 5.]"

Edited December 13, 2009 by Mykltn

[tntnixon]

This part of the tn code would suggest that it is also Illegal to possess said automatic knife or "switchblade" as defined by law. That being said, a Spring Assited knife with a blade less than 4" is perfectly legal and just as fast to open. And they are generally less expensive.

"39-17-1302. Prohibited weapons.

(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

(7) A switchblade knife or knuckles; or

(8) Any other implement for infliction of serious bodily injury or death which has no common lawful purpose.

( It is a defense to prosecution under this section that the person's conduct:

(1) Was incident to the performance of official duty and pursuant to military regulations in the army, navy, air force, coast guard or marine service of the United States or the Tennessee national guard, or was incident to the performance of official duty in a governmental law enforcement agency or a penal institution;

(2) Was incident to engaging in a lawful commercial or business transaction with an organization identified in subdivision ((1);

(4) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance or scientific research;

(5) Was incident to displaying the weapon in a public museum or exhibition;

(6) Was licensed by the state of Tennessee as a manufacturer, importer or dealer in weapons; provided, that the manufacture, import, purchase, possession, sale or disposition of weapons is authorized and incident to carrying on the business for which licensed and is for scientific or research purposes or sale or disposition to the organization designated in subdivision ((1); or

© It is an affirmative defense to prosecution under this section which the person must prove by a preponderance of the evidence that:

(1) The person's conduct was relative to dealing with the weapon solely 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.

[Acts 1989, ch. 591, § 1; 1990, ch. 1029, §§ 2, 11; 2001, ch. 375, §§ 3, 4; 2002, ch. 849, § 5.]"

That's my memory of the law.

[Guest 22-rimfire]

Looks like an auto knife to me that would be prohibited. The spring assisted knives are legal and just about as fast. I would shy away from dagger styled knives with two sharp edges as they will get you in trouble even if a fixed blade. For the most part their design makes them unsafe for everyday cutting chores and their purpose is self defense.

I was always under the impression that it was legal to own buy not legal to carry the restricted knives such as switch blades. Unless the law changed, I have inadvertently carried switchblade knives in my carry on in the airport years ago in TN. Then one day.... I was informed by TSA that it was illegal. So now and since 9/11 I check carefully for restricted items that might have become hidden. This was on the old style hard surfaced brief case and something I carred all the time while flying as I carried a lot of stuff.

[DavidH1]

This is TN law that I found.

http://tennessee.gov/sos/acts/104/pub/pc0798.pdf

[Guest jimknee]

I think this is the part of the law which says you can buy it, take it home, but not carry it.

© It is an affirmative defense to prosecution under this section which the person must prove by a preponderance of the evidence that:

(1) The person's conduct was relative to dealing with the weapon solely 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

[Kelemvor]

I don't know what you guy's experiences have been, but I have carried a knife daily since I was about 14 and I have never had an officer check to see if it was an auto-knife...and I've been hassled by LEO's quite a few times. My knife is a Kershaw Leek (best knife I've ever owned), and it's not an auto-knife, but anyone that opens it can see that it's spring assisted.

Not trying to advocate you breaking the law, but I think you'd have run into a douche cop and be a douche back to him to have him examine your knife.

[Guest db99wj]

The whole switchblade/auto being illegal thing is ghey. Is it really an advantage? I mean, does a person not know that that black piece of plastic that a guy is holding up not a knife until they hit the button and the blade magically appears? Really, if a bad guy is going to rob, mug, you with a knife, does it really matter if they have a switchblade or a knife that is opened. Isn't a switchblade more for effect? Isn't there a movie with a guy that pulls the switchblade closed and everyone is just watching him, then he hits the button, and "poof" there is the blade, and people run screaming?

Sorry for the rant, just one of those laws that are stupid.

[Guest 22-rimfire]

The purpose of a switchblade is to be able to bring you knife to bare quicker than another knife. It is simple. The speed distinction between assisted openers and auto knives has diminished in the last 10-15 years. I see little reason to carry such a knife other than as a novelty. If you want speed, go for a fixed blade. Be careful of blade length however.

The"switchblade" law in practice now is probably a bit outdated. However, there was an effort to make the assisted opening knives illegal to import this past year.

[tntnixon]

I think this is the part of the law which says you can buy it, take it home, but not carry it.

© It is an affirmative defense to prosecution under this section which the person must prove by a preponderance of the evidence that:

(1) The person's conduct was relative to dealing with the weapon solely 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

You forgot to bold type the last part. In other words, you better not actually have the springs that make it work.

[Guest db99wj]

The purpose of a switchblade is to be able to bring you knife to bare quicker than another knife. It is simple. The speed distinction between assisted openers and auto knives has diminished in the last 10-15 years. I see little reason to carry such a knife other than as a novelty. If you want speed, go for a fixed blade. Be careful of blade length however.

The"switchblade" law in practice now is probably a bit outdated. However, there was an effort to make the assisted opening knives illegal to import this past year.

If you are worried about speed, be aware of the situation around you and open it up. It, in my opinion, it is similar to carrying a gun without one in the chamber, in the few seconds it takes for you got go "Oh, open knife, or Oh, chamber a round" it is probably going to be too late anyway.

Just my opinion, but I'm a bit cynical this morning regarding some of our laws of the land.

[canadienmike]

You forgot to bold type the last part. In other words, you better not actually have the springs that make it work.

Actually it says that those weapons found in subsections 1-5 cannot be functional. Switchblades are number 7 on the list so the non-functioning part doesn't apply.