Are Auto knives legal in TN

[Oh Shoot]

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?

Would you care to offer an opinion as to WHY the "curio, ornament, or keepsake" exception is IN the statute?

Just words they threw in with no meaning?

I would maintain that having a switchblade or knuckles in a bric-a-brac drawer would be fine, and exactly the intent of the exception.

Perhaps having them on the night table with your wallet and keys would lend credence that you owned the weapon with intent to go armed with it, but short of that, they are simply what the statute says, "curios, ornaments, or keepsakes". Don't have to be antiques or part of a larger collection, since the words used do NOT connote those meanings.

(And no, that whacked out pot dealer in Kingsport, who probably didn't even contest the switchblade charge, doesn't really impress me as some overwhelming case law precedent.)

- OS

[Guest crotalus01]

I have been stopped twice by LEOs while in possession of switchblades, once at the Mexico/Texas border (cheap POS I bought in Juarez), and once at JFK in New York when coming back from a vacation in Turkey and Afghanistan (yes a vacation not deployment but thats a whole nother story). Both times the LEOs (I am assuming the customs guys are LEO as they have badges and guns) found the blades, opened them, and then put them back and let me go on my way. Not sure what the laws in NY and TX are now but this was in 1989 (TX) and 2004 (NY).

[Guest TargetShooter84]

Is it legal to own one just to use purely for collections only? Not carry or anything, just for display only? Cuz I have several....

[Guest gatersrd]

I own several of them, a cop once tried to take it from me. I am in the military and showed him my ID and he let me keep it.

[Guest manofsteel]

uh yea.......i just found this.......i was going to turn it in and uh just forgot about it.....yea thats it!

[midtennchip]

Would you care to offer an opinion as to WHY the "curio, ornament, or keepsake" exception is IN the statute?

Just words they threw in with no meaning?

I would maintain that having a switchblade or knuckles in a bric-a-brac drawer would be fine, and exactly the intent of the exception.

Perhaps having them on the night table with your wallet and keys would lend credence that you owned the weapon with intent to go armed with it, but short of that, they are simply what the statute says, "curios, ornaments, or keepsakes". Don't have to be antiques or part of a larger collection, since the words used do NOT connote those meanings.

(And no, that whacked out pot dealer in Kingsport, who probably didn't even contest the switchblade charge, doesn't really impress me as some overwhelming case law precedent.)

- OS

The "curio, ornament, or keepsake" modifier was added to define something about the object (i.e., the knife, as well as every other item listed in TCA 39-17-1302(a)). It appears your use of the modifiers would define how the object is possessed, rather than defining something about the object itself. If you can take a readily-available, new manufacture switchblade and make it fit the "curio, ornament, or keepsake" exception simply by throwing it in a drawer, the exception swallows the rule. That is, every switchblade is legal unless it is carried (and is legal when it isn't being carried). To fit that interpretation, the statute would have to say carried (i.e., in the same way the carry with intent to go armed provision is in TCA 39-17-1307(a)(1)), rather than possession.

Yes, the "curio, ornament, or keepsake" means something, we just don't have a good idea what that is, yet. The one case we have will hold some value. We don't know if the attorney argued the issue or not. What we know is that the opinion does not address the issue.

There certainly are knives that would meet the definition, but I highly doubt that a knife in current production would meet it unless it was something collectible (i.e., a curio). It wouldn't be a keepsake if you bought it at a gun show or knife shop (I think keepsake connotes something of sentimental value). I also don't think a knife kept in a drawer would be ornamental. The only thing left is a curio (which connotes something collectible).

Just my take on it.

[Guest That Guy]

On your property, they are fine.

[willis68]

A Highway Patrolman, Circuit Judge and Sherrif's deputy are all neighbors of mine, they have seen my Knife collection and know that it is just that, I do not carry them and they do not leave my home so I am in no way breaking the Law, This is my personal experience in this matter anyway

Edited June 2, 2010 by willis68

[Oh Shoot]

... The only thing left is a curio (which connotes something collectible).

Just my take on it.

Just arguing the one point above, "curio" does NOT connote "collectible".

"Collectible" connotes a single item within a collection.

"Curio" connotes a single item of interest in and of itself. It might also be a collectible, but by definition need not be.

I could equally combat your narrow usages of "keepsake" and "ornament" from simple accepted dictionary meaning.

If the intent of the law was to make the switchblade/knucks exception based on being part of a collection, they would have used words to that effect -- hence, the words "collection" or "collectible" are not found in the statute.

I'm not a lawyer, but I am certified in the American English language, the same one in which TCA at least purports to be written.

- OS

[Oh Shoot]

A Highway Patrolman, Circuit Judge and Sherrif's deputy are all neighbors of mine, they have seen my Knife collection and know that it is just that, I do not carry them and they do not leave my home so I am in no way breaking the Law, This is my personal experience in this matter anyway

Our two lawyers in the thread would argue that just because you weren't arrested by Tom, Dick, or Harry, does not mean you aren't breaking the law.

A point with which I wouldn't necessarily argue, btw.

It would seem that if indeed they are right, though, that certainly Knox county is missing out on a significant revenue stream by not arresting the several merchants of switchblades at every gun show here, and I would imagine, at most every gun show across the state. I would think they have been told not to at some point by DAs or AGs, who recognize that the items may be legally sold and possessed (at home, anyway) as "curios, keepsakes, ornaments".

- OS

[redstategunnut]

OhShoot:

If you wanted to find an AR15 for sale on this forum, would you look in the Curio threads?

[Oh Shoot]

OhShoot:

If you wanted to find an AR15 for sale on this forum, would you look in the Curio threads?

No, but it wasn't me that created the misnomer of the C&R license to begin with, since again, no mainstream definition of "curio" depends on the age of the item.

I'll agree with "relic", though.

But that's not in the statute either.

I have a dashboard Jesus (really), made in China, you can buy a brand new one today. I think it nicely fits the definition of all three of the terms: curio, keepsake, and ornament.

So if they ever pass a Christian anti-sacrilegious statute, I hope they leave in the same exception!

- OS

[redstategunnut]

It is statutes and arguments like this one that pay for my kids' food, shelter, clothes and other needs. God bless the legislature. I thank God for fools every day. Amen!

[Oh Shoot]

It is statutes and arguments like this one that pay for my kids' food, shelter, clothes and other needs. God bless the legislature. I thank God for fools every day. Amen!

I assure you that if I'm busted for a switchblade in my home, you'll be the first to know, just so you can revel in the irony.

But I won't hire you for my defense.

- OS

[Guest Knightsr25]

In Tn. automatic knives are legal to own and legal to sell . They are not legal to carry on your person.

[redstategunnut]

FACEPALM

[Guest Jamie]

In Tn. automatic knives are legal to own and legal to sell . They are not legal to carry on your person.

You haven't read the whole thread, have you?

J.

[Guest Jamie]

FACEPALM

Hey, you knew there had to be one out there, didn't ya?

J.

[redstategunnut]

Hey, you knew there had to be one out there, didn't ya?

J.

See post #88 above.

[Guest Jamie]

See post #88 above.

Yeah, but this is the kind that you don't get anything but gray hair from.

J.