Are Auto knives legal in TN

[tntnixon]

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.

It doesn't use the words "or if" it uses the words "and if". I would conclude that language would mean you have to meet both criteria, not one or the other.

[canadienmike]

It doesn't use the words "or if" it uses the words "and if". I would conclude that language would mean you have to meet both criteria, not one or the other.

'Or' would mean one or the other, 'And' means it needs to meet both criteria. So in this case it would be a defense if it was a curio, ornament or keepsake and if it is one of the first 5, it also needs to be inoperable. If all on the list needed to be inoperable, then it wouldn't have added the part about the first 5.

[seez52]

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.

[Oh Shoot]

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.

Everyone else seems to be overlooking this.

Over and over.

Switchblades and knuckles (both NOT in the 1-5 list) do NOT have to be non-functioning, only need to fit the "curio, ornament, or keepsake" clause.

- OS

[Guest Centennial]

My Benchmade Spike is a keepsake. I retired from law enforcement a few years ago and carried the knife while on duty. I don't carry it now.

[trblmkr13]

Had to post this

[Ropin4gold]

Seez52

I would think that if you mounted your knucks to a board or plaque that it wouldnt be a problem. The problem would be if you left the house with them in your pocket or vehicle.

[Guest 22-rimfire]

There is little reason for law enforcement to ever find knuckles if don't don't use them. Get in a fight regardless of the reason and they are discovered on you... you have a problem. Black jacks are the same way. Keep them at home as a curio.

[seez52]

There is little reason for law enforcement to ever find knuckles if don't don't use them. Get in a fight regardless of the reason and they are discovered on you... you have a problem. Black jacks are the same way. Keep them at home as a curio.

got a couple of those too, passed down in the family

[Guest jimknee]

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

No I didn't. Section A 1-5 refers to:

(1) an explosive or an explosive weopon

(2) a device principally designed, made or adapted for delivering or shooting an explosive weopon

(3) a maching gun

(4) a short-barrel rifle or shotgun

(5) a firearm silencer

[Wingshooter]

[DavidH1]

I was in Guns and Leather today,(BTW very nice) and on their knife case was a LARGE sign that said, "only military and emergency workers could carry"

[Guest 270win]

You can own switchblades as a part of a collection in TN. I have a collection of kives and one switchblade. You cannot carry one around in your pocket to use in public. It is best to keep it at home.

[willis68]

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.

Just a little tip for you, whenever you buy a knife that you consider expensive, always keep the box and paperwork because should you decide not to keep it those items make it worth more to a lot of people

[aquaman67]

Sorry you got hosed. I was looking at Benchmade knives at a local store. They actually asked me if I wanted an auto model. I said I'm not military. They said "I won't tell if you won't."

I walked away and found the Mini-Barrage online for half the price, no tax, free shipping (bladeplay.com)

I have a Benchmade AutoStryker that I carried in Iraq. I keep it under the keepsake clause.

[Guest thorn]

Just a little tip for you, whenever you buy a knife that you consider expensive, always keep the box and paperwork because should you decide not to keep it those items make it worth more to a lot of people

Also CYA if you resell it and keep it in the family (well your TN family ). I'm not 100% knowing on this but for me better safe than sorry.

18 U.S.C. § 1716(g)(2) provides this summary:

Federal law prohibits shipment of automatic knives across state lines, with the following exceptions: Switchblade knives can be shipped: (1) to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government; (2) to supply or procurement officers of the National Guard, the Air National guard, or militia of a state, territory or the District of Columbia ordering, procuring, or purchasing such knives in the connection with the activities of such organization; (3) to supply or procurement officers or employees of the municipal government of the District of Columbia or the government of any State or Territory, or any county, city or other political subdivision of a State or Territory; procuring or purchasing such knives in connection with the activities of such government. (4) to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant of an order from any person designated in paragraphs (1), (2), and (3).

[redstategunnut]

You can own switchblades as a part of a collection in TN. I have a collection of kives and one switchblade. You cannot carry one around in your pocket to use in public. It is best to keep it at home.

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.

[Oh Shoot]

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.

Best to read ALL of TCA 39-17-1302:

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

...The person's conduct was relative to dealing with the weapon solely as a curio, ornament or keepsake, "

- OS

[redstategunnut]

Best to read ALL of TCA 39-17-1302:

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

...The person's conduct was relative to dealing with the weapon solely as a curio, ornament or keepsake, "

- OS

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.

[Guest JHatmaker]

I own 3 automatic knives, 2 purchased from stores. At both places they reminded me that if I was not law enforcement or military I could not carry them, but only own them as a collectors item.

The law is confusing though, I'll agree with you on that...

[Oh Shoot]

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.

Obviously the DA's and police don't echo your legal opinion, since cheap, currently made switchblades are openly sold at every gun show I've ever been to.

Is there some definition of "collecting" that negates everything except of a certain vintage?

More importantly, is there a LEGAL one?

No.

- OS

[redstategunnut]

Obviously the DA's and police don't echo your legal opinion, since cheap, currently made switchblades are openly sold at every gun show I've ever been to.

Is there some definition of "collecting" that negates everything except of a certain vintage?

More importantly, is there a LEGAL one?

No.

- OS

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.

[Oh Shoot]

...

Do with that knowledge what you like. I roll strictly legal.

I do too.

I don't carry a switchblade, which would be illegal, but I've got a couple of junkers at home, which is legal.

"Curio, ornament, or keepsake" obviously covers it fine in the second instance.

- OS

[midtennchip]

Obviously the DA's and police don't echo your legal opinion, since cheap, currently made switchblades are openly sold at every gun show I've ever been to.

Is there some definition of "collecting" that negates everything except of a certain vintage?

More importantly, is there a LEGAL one?

No.

- OS

There are cases where defendants have been charged and either plead guilty or been convicted of possession of a switchblade. State v. Souder immediately comes to mind. There isn't a lot of case law on it, but if "currently made" switchblades can be categorized as curios and avoid this prohibition, the law has no meaning at all. You might have a good argument if the knife is, say, 10 or 20 or 30 years old versus 50 or 60 years old, but I cannot imagine a judge buying the argument that a recently made knife would fit that exception. Whether or not the police and/or district attorney attempt to stop sales doesn't change the meaning of the law. There are a LOT of things are could be prosecuted and simply are not a priority for the police or the district attorney. I have a client right now that is the victim of clearly illegal activity and the police and district attorney simply choose not to pursue it.

[Oh Shoot]

There are cases where defendants have been charged and either plead guilty or been convicted of possession of a switchblade. State v. Souder immediately comes to mind.

Possessed in his HOME, not on his person?

Discussing selling and owning, not carry.

There isn't a lot of case law on it, but if "currently made" switchblades can be categorized as curios and avoid this prohibition,....

All the definitions I find do not mention age of the item.

typical definitions of "curio":

Something unusual -- perhaps worthy of collecting.

A strange and interesting object which invokes curiosity. (etc)

How about "ornament" and "keepsake".

Neither definition hinges on the age of the item, either.

- OS