Are Auto knives legal in TN

[redstategunnut]

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.

[Oh Shoot]

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.

Who was the first? Only one I know is MidTennChip.

Anyway, finally found the pertinent "State vs Souder", and indeed she was convicted of possession of switchblade. Found in her home. Although of Primary reason for charge and reason for the search to begin with was pot. Was appealed and confirmed.

There were 4 counts involved, of which the switchblade was one. Sentenced to 11/29, concurrent for all charges.

So question remains, was TCA same in 2005 as it is now in this matter?

If so, did lawyer even argue the switchblade part as TCA at least now states, or just let it slide since she was gonna get the year regardless?

Dunno.

I'll say on the switchblade part, though, if TCA was same then, and she wanted to contest it, and if he didn't, it was either that it didn't matter and/or part of the best deal he could get her, or he was quite poor at the job.

- OS

[redstategunnut]

Who was the first? Only one I know is MidTennChip.

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

[Oh Shoot]

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

Thanks for your input, counselor.

Those other cases were switchblades in the home also?

(I'll take your word for it).

And WAS TCA same as now when all these convictions were made?

- OS

Edited May 21, 2010 by OhShoot

[redstategunnut]

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.

[Oh Shoot]

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.

Well, if you know any prosecutors who'd like some brownie points on way to DA or something, just point them at any sizable gun show, where they can arrest both the sellers and the buyers (who will actually be carrying the knives at the time).

You can send 'em on over to my place too, I reckon.

Thanks for your input.

- OS

[Guest lci419]

So what does the jury think of this:

Kershaw Needs Work (Plain) Knife at The Kershaw Store

legal or not?

[redstategunnut]

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.

[aquaman67]

For people who just bought a Switchblade at the gun show, yes, I'd say they could be in legal trouble if they are found to be in possession of said knife.

Cops search house because of pot and find switchblade, yeah, tack that charge on.

But possessing a knife that I carried in Combat in defense of this country, I think that would qualify as a keepsake. There are hundreds if not thousands of Tennesseans who could claim the same thing.

[seez52]

All I've got to say is: Was Shakespear right in his play Henry VI when he said: " First thing we do, is kill all the lawyers. " ?

[Guest crotalus01]

Switchblades are illegal to own or carry in TN. Thats from several LEOs and a couple of lawyers I know.

They also to a man said that you would have to be a complete dick to a cop to get busted for carrying one, or the cops were after you for something else and the only charge they could get you on was the switchblade. Especially if you are a HCP holder.

Even the cops realize the law is way outdated and they have much bigger threats to worry about than a switchblade (at least the ones I talked to said).

[Guest 270win]

I want to thank the two attorneys for input on here. I thought that having an auto knife as a part of other knife collection was legal because it was that 'defense to prosecution' (yes not ideal). I have basically kept mine (with the original S&W box) in a dry box with other knives that I've been given as presents....such as Case knives. We all learn something new everyday.

[Oh Shoot]

I want to thank the two attorneys for input on here. I thought that having an auto knife as a part of other knife collection was legal because it was that 'defense to prosecution' (yes not ideal). I have basically kept mine (with the original S&W box) in a dry box with other knives that I've been given as presents....such as Case knives. We all learn something new everyday.

I don't have any kind of vested interest in the switchblade laws, but one isolated case of a switchblade possession (in the home) by a drug addled lady in Kingsport whose lawyer didn't even seem to contest it, does not convince me that ...

"It is an affirmative defense to prosecution under this section that 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"

is not a valid defense to having a switchblade (or brass knuckles) laying around in your knickknacks, and is indeed likely why openly selling them is not policed either.

What more "preponderance" of evidence than the way you keep your switchblade could be required, razorback2003?

Why is the section even IN TCA, if not for people like you?

I posit that much less "preponderance" would qualify, just as one keeps all kinds of items as "keepsakes, ornaments, and curios".

You'd be nuts to carry one, though.

- OS

Edited May 25, 2010 by OhShoot

[Guest 270win]

Weapons laws are often meant to be vague in order to be enforced against trouble makers...and leave others alone....at least that was the original intention a long time ago.

I highly doubt this law is enforced against normal Joes....probably gang bangers...dopers...and the like.

The law should be written though to not be used against the normal Joe who possesses an auto knife or knucks with no intent to harm someone.

[tnhawk]

I wouldn't want to try to explain to a judge, why I was arrested in possession of knucks.

[willis68]

Weapons laws are often meant to be vague in order to be enforced against trouble makers...and leave others alone....at least that was the original intention a long time ago.

I highly doubt this law is enforced against normal Joes....probably gang bangers...dopers...and the like.

The law should be written though to not be used against the normal Joe who possesses an auto knife or knucks with no intent to harm someone.

+1

[Chucktshoes]

Switchblades are illegal to own or carry in TN. Thats from several LEOs and a couple of lawyers I know.

They also to a man said that you would have to be a complete dick to a cop to get busted for carrying one, or the cops were after you for something else and the only charge they could get you on was the switchblade. Especially if you are a HCP holder.

Even the cops realize the law is way outdated and they have much bigger threats to worry about than a switchblade (at least the ones I talked to said).

There is a young lady with whom I work that carries a classic stiletto style switchblade. It was given to her by an MPD officer so that she could carry it with her in case she needed to protect herself. Armed with this information, I would have to agree with your assessment.

[Guest Risky Ruger]

is auto knife and assisted open the same thing?

[redstategunnut]

is auto knife and assisted open the same thing?

The definition of a switchblade, which is illegal, is several pages back on this thread. A knife that is not a switchblade and not longer than 4" would likely not be illegal.

[Guest eyescream]

I wonder how you make the brass knuckles you are keeping for a "keepsake" inoperable and non functioning?

I actually have some that were handed down in the family and I'd hate to get busted because of them. ***hole lawyers.

You could make a coffee mug out of them.

Seriously, though; all these people that have illegal stuff like brass knuckles and automatic knives, just keep 'em in the house. Luckily we're not to the point where the cops can just bust into the house looking for illegal stuff on a whim yet. I wouldn't worry about it.

[Oh Shoot]

I wonder how you make the brass knuckles you are keeping for a "keepsake" inoperable and non functioning?...

They don't have to be...statute says:

"...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; "

Switchblades and knuckles are under (7).

- OS

[seez52]

I see a raid on Gatlinburg coming! What a news story!

[partypilot1]

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.

I don't have a dog in this hunt but if possession does not distinguish between "carrying" and having it in your home, then could I be breaking the law for drinking beers while in possession of firearms, when my firearms were locked up in a safe at the house?

[Fallguy]

I don't have a dog in this hunt but if possession does not distinguish between "carrying" and having it in your home, then could I be breaking the law for drinking beers while in possession of firearms, when my firearms were locked up in a safe at the house?

In fact you could, but not likely. Unless something else is going on.

The AG has said a person can be charged with a violation of 39-17-1321 even within their own home.

AG Opinion 98-151

There are two types of possession when it comes to the law, actual and constructive.

Actual of course when something is actually in your possession, on your person etc...

Constructive would be like if something is in the glovebox and you are sitting in the passenger seat. Even though you didn't actually posses it, you could easily and quickly.

Edited June 1, 2010 by Fallguy

[redstategunnut]

I don't have a dog in this hunt but if possession does not distinguish between "carrying" and having it in your home, then could I be breaking the law for drinking beers while in possession of firearms, when my firearms were locked up in a safe at the house?

Here's the difference: the switchblade is illegal regardless of your sobriety. It is a prohibited weapon, period. An otherwise lawful possession of a gun in a safe does not become illegal merely because you knocked back a few beers. You cannot be sober enough to legally possess a switchblade. See the difference?