S&W magic knives legal?

[laktrash]

Not sure I started this thread in right section but I was surfing some sites during the snow and came across some S&W knives with the "magic" feature. Are these things legal and if so how do they differ from a switchblade ? Just curious wouldn't mind having one a work because it would be handy.

Edited February 1, 2010 by laktrash

[Almond27]

I don't believe full auto knives are legal to carry, but I don't think a cop is going to arrest you for having one.

[Guest HexHead]

Depends where the assisted opening control is. If it's on the handle scales, then it's considered a switchblade and is illegal. If it's on the tang of the knife or the blade, it's just an assisted opener and is legal.

[laktrash]

I'm not really sure how this one works. I can't see where the spring is or how it works . It only says spring assisted ???

[TripleDigitRide]

Spring Assisted/Assisted Opening are perfectly legal.

[TripleDigitRide]

"Assisted" means you actually have to touch the blade, or something attached to the blade for it to open. If you simply push a button, it's probably not legal.

Do you have a link to the knife in question?

[Oh Shoot]

Looks iffy to me.

Two ways to snap it open.

The thumb stud on blade is fine, but I can't see how the other release on the top of handle differs from a button on handle, switchblade-wise:

- OS

[Mykltn]

Not sure I started this thread in right section but I was surfing some sites during the snow and came across some S&W knives with the "magic" feature. Are these things legal and if so how do they differ from a switchblade ? Just curious wouldn't mind having one a work because it would be handy.

Below is the Tennessee codes definition of a switchblade.

"(14) "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;"

Based on this and after seeing the video on how the knife operatate, I believe LEO's would consider this to be a switchblade. If the knife didn't have that stationary lever on the back is would just be considered a "spring assisted" knife and legal to carry. Laws in tennessee state only LEO's and Emergency Responders are authorized to own or carry Switchblades.

Hope that helps.

[Oh Shoot]

... If the knife didn't have that stationary lever on the back is would just be considered a "spring assisted" knife and legal to carry. ..

That's pretty much my take too.

It's certainly iffy enough that I think any LEO who had a thing for you would probably charge you for it, regardless of how it might suss out in court.

Also, I really can't see carrying any knife that needs a freaking safety on it.

- OS

[Guest Ae-35]

they're legal, they sell'm down at SMKW.

[Oh Shoot]

they're legal, they sell'm down at SMKW.

It's legal to sell switchblades, too.

That doesn't mean it's legal to carry them.

- OS

[dubya3488]

Not sure about the legality, but that is a pretty cool knife! Around how much does one of those run?

[Mykltn]

It's legal to sell switchblades, too.

That doesn't mean it's legal to carry them.

- OS

It is legal to sell them but you have to be an LEO or Emergency Responder to purchase, own, or carry them.

[Oh Shoot]

It is legal to sell them but you have to be an LEO or Emergency Responder to purchase, own, or carry them.

Nope, only to carry.

Perfectly legal for anyone to purchase and own.

Buy all you want at most any gun show.

Brass knuckles same.

- OS

[Almond27]

SMKW will only sell automatic knives to LEO's,military,EMT's im almost positive. They sell assisted opening knives to anyone.

[Oh Shoot]

SMKW will only sell automatic knives to LEO's,military,EMT's im almost positive. They sell assisted opening knives to anyone.

Well, that's by their choice.

Only selling prohibition is selling switchblade to a minor. (39-17-1303).

Might have to do with them selling by web to other states too, where laws vary, I dunno.

- OS

[Almond27]

Yeah, in Gatlinburg at the China Bazaar I think its called you can get automatic knifes and they sell to anyone lol.

[mcurrier]

I don't believe full auto knives are legal to carry, but I don't think a cop is going to arrest you for having one.

That's right. Semi-auto only.

[Guest evo8ricer]

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).

So order one from S&W if it is illegal then they can't ship it to you and her is a bit of info on owning switchblades and brass knuckles

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 is the TN state code

[Guest Ae-35]

The S&W is not classified as "automatic opening' , just as "assisted opening" and as such they are legal for carry, that's what I was told by the guy at SMKW, and that they don't sell any switchblades.

[Mykltn]

Nope, only to carry.

Perfectly legal for anyone to purchase and own.

Buy all you want at most any gun show.

Brass knuckles same.

- OS

Evo8ricer beat me to the punch. The TN Codes he posted are correct.

39-17-1302. Prohibited weapons.

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

I have purchased SwitchBlades from online sellers before and every time they come with a letter advising they are shipping them under the assumption that I am an LEO or other authorized recipient. Bottom line is Tennessee has a MAD ON for Swithblades. Best to just get a Spring Asst Knife instead and save yourself the potential headache.

[Oh Shoot]

Evo8ricer beat me to the punch. The TN Codes he posted are correct.

39-17-1302. Prohibited weapons.

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

...

Yes, and:

"© 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, "

covers personal ownership and also instate sales.

Hence, why you can buy knucks and switchblades openly at gunshows and other brick and mortar shops in TN, like the afore mentioned China Mart in Pigeon Forge.

Just don't try and "own" them in your back pocket.

- OS

[Guest evo8ricer]

Thanks for the assist Mykltn but didn't they ask for some sort of proof when ordering the way I understood the federal law is that they could only be shipped to the government and then handed out I could be mistaken that is just the way I understood it FFL class 3 can have switchblades also but they isn't any around my area that likes to deal with them

[Guest evo8ricer]

Yes, and:

"© 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, "

covers personal ownership and also instate sales.

Hence, why you can buy knucks and switchblades openly at gunshows and other brick and mortar shops in TN, like the afore mentioned China Mart in Pigeon Forge.

Just don't try and "own" them in your back pocket.

- OS

© 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;

read all of it section a 1-5 states that it was in a nonfunctioning condition and could not readily be made operable

[Oh Shoot]

© 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;

read all of it section a 1-5 states that it was in a nonfunctioning condition and could not readily be made operable

That is correct.

However, switchblades and knucks are NOT in 1-5.

- OS