S&W magic knives legal?

[TripleDigitRide]

Any local retailers have these in stock?

[Guest jimblasick]

I did not know that! I'm just speculating now, but since I've seen switchblades for sale in KY and GA at gun shows and STORES I'm guessing that they don't have the same rules. Time for spring cleaning soon. I've got some friends who are overdue a gift.

Didn't mean to go too far off topic, but that one really surprised me. I'm glad to have learned something new. Thanks.

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;"

.

[Oh Shoot]

I did not know that! I'm just speculating now, but since I've seen switchblades for sale in KY and GA at gun shows and STORES I'm guessing that they don't have the same rules. Time for spring cleaning soon. I've got some friends who are overdue a gift.

Didn't mean to go too far off topic, but that one really surprised me. I'm glad to have learned something new. Thanks.

What exactly have you learned?

What "same rules" don't they have?

Federal law applies to all states. State law applies to each individual state.

It's legal to sell switchblades in TN to anyone but a minor, and apparently similar in KY and GA also, since you've seen them sold there.

- OS

[Guest evo8ricer]

Any local retailers have these in stock?

Smith and Wesson MP Series of Assisted Openers - Knifecenter.com

this site has them for around $35 its the cheapest I have seen them

[Guest evo8ricer]

Switchblade - Wikipedia, the free encyclopedia

here is a site that goes over the federal laws and then it has each individual state and tells wether or not they are illegal in the state just scroll down to TN

[Mykltn]

Well it is a class A misdemeanor to own one if you are not military, LEO or emergency responder. Here is the link to the ATF site with the current law. Note that it states retailers must sign a notarized affidavit stating they will only sell to LEO, Military or Emergency responders.

http://www.atf.gov/publications/download/p/atf-p-5300-5/atf-p-5300-5-tennessee.pdf

Here is the current penalties for breaking the TN Switchblade law.

Class A misdemeanor

not greater than eleven (11) months twenty-nine (29) days in jail or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute

My public service announcement is now complete. (MESSAGE ENDS)

[Oh Shoot]

Switchblade - Wikipedia, the free encyclopedia

here is a site that goes over the federal laws and then it has each individual state and tells wether or not they are illegal in the state just scroll down to TN

Yep.

"Illegal - with exceptions made for collectors and/or possession as curios or antiques .."

Exactly what the TN statute says.

Anyone can buy and own one.

TN does not require a license to own a curio.

The "preponderance of the evidence" is that you don't carry the stupid things around with you.

- OS

[Guest evo8ricer]

Mykltn I am glad someone else is reading the same laws I am Thanks again for the backup

[Guest evo8ricer]

here is how to become a collector of curios and relics if someone wants a switchblade

Q: How does one get a collector’s license? Submit ATF F 5310.16 (Form 7CR), Application for License (Collector of Curios or Relics), with the appropriate fee in accordance with the instructions on the form. These forms may be obtained from the Firearms and Explosives Licensing Center in Atlanta, Georgia, your local ATF office, or downloaded from ATF’s Internet site (www.atf.gov).

[27 CFR 478.41©]

[Mykltn]

Mykltn I am glad someone else is reading the same laws I am Thanks again for the backup

Evo8ricer, you are welcome. BTW, are you a Harley rider? Just curious about your user name.

[Guest evo8ricer]

I ride my dads roed king round some but the evo is actually a mitsubishi evo its a import tuner I am looking for me a bike as soon as I get another job I hope its soon riding season is comeing up

[Oh Shoot]

Well it is a class A misdemeanor to own one if you are not military, LEO or emergency responder. Here is the link to the ATF site with the current law. Note that it states retailers must sign a notarized affidavit stating they will only sell to LEO, Military or Emergency responders.

http://www.atf.gov/publications/download/p/atf-p-5300-5/atf-p-5300-5-tennessee.pdf

I don't see link to what you say, the above link is only TN law, which by the way looks NOT to be current to me. I suspect what you are paraphrasing, but not quoting, federal law as regards interstate sales of switchblades, if so, that is correct.

...My public service announcement is now complete. (MESSAGE ENDS)

I'm afraid it's a public disservice.

TN can not enact a law that supersedes federal law, and TN allows the sales of switchblades and knuckles, to anyone over 18, for purposes of collecting, or simply owning as curios or antiques.

Hence, the statement that ONLY LEO's, military etc can purchase an automatic knife in TN is just flat wrong; if it were true, I assure you TN would require a record/ID/etc for each transaction. Some merchants may have that policy, some knife makers may impose that policy on their retailers, but it is NOT the law. Do you really think that all the many places that sell switchblades and knuckles in TN do it illegally?

I can sell a gun to you with zero paperwork, perfectly legally.

But you think it's illegal for me to sell you a switchblade, unless you're a LEO, etc?

Gimme a break.

HERE is the entire section of TN statute regarding prohibited weapons. You can read the entire current TCA at michie.com. I made switchblade related parts bold and red. There is another statue which I don't quote here that makes it illegal to sell or give a switchblade to a minor under any circumstances.

-----------------------------------------------------------------

39-17-1302. Prohibited weapons. —

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

(1) An explosive or an explosive weapon;

(2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;

(3) A machine gun;

(4) A short-barrel rifle or shotgun;

(5) A firearm silencer;

(6) Hoax device;

(7) A switchblade knife or knuckles; or

(8) Any other implement for infliction of serious bodily injury or death that 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);

(3) Was incident to using an explosive or an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise;

(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 an organization designated in subdivision ((1);

(7) Involved acquisition or possession of a sawed-off shotgun, sawed-off rifle, machine gun or firearm silencer that is validly registered to the person under federal law in the National Firearms Registration and Transfer Records. A person who acquires or possesses a firearm registered as required by this subdivision ((7) shall retain proof of registration; or

(8) Involved the manufacture and sale of an automatic knife; provided, that the sale of such knife was limited to:

(A) Retail establishments that represent in writing under oath before a notary public that they only sell the knives to law enforcement officers, military personnel and emergency medical technicians;

( Law enforcement officers;

© Military personnel; or

(D) Emergency medical technicians.

© 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, 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.

(d) (1) An offense under subdivision (a)(1) is a Class B felony.

(2) An offense under subdivisions (a)(2)-(5) is a Class E felony.

(3) An offense under subdivision (a)(6) is a Class C felony.

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

[Acts 1989, ch. 591, § 1; 1990, ch. 1029, §§ 2, 11; 2001, ch. 375, §§ 3, 4; 2002, ch. 849, § 5; 2006, ch. 798, § 1.]

[Oh Shoot]

here is how to become a collector of curios and relics if someone wants a switchblade

Q: How does one get a collector’s license? Submit ATF F 5310.16 (Form 7CR), Application for License (Collector of Curios or Relics), with the appropriate fee in accordance with the instructions on the form. These forms may be obtained from the Firearms and Explosives Licensing Center in Atlanta, Georgia, your local ATF office, or downloaded from ATF’s Internet site (www.atf.gov).

[27 CFR 478.41©]

Sheesh.

That's a C&R License for GUNS.

Has nothing to do with knives of any kind.

There are MANY C&R license holders in TGO.

I leave you to their merciful instruction.

Over and out.

- OS

[Guest jimblasick]

OhShoot,

I'll admit (and I wrote) that my comparison to other states' laws was speculative. What I have learned is that it is NOT legal to own a switchblade in TN unless I am able to prove by preponderance of evidence that I posess it as a curio, ornament, or keepsake. Since that puts the onus on me to provide that preponderance of evidence, and my legal defense funds a limited, I prefer to stay on the right side of the law on this one.

Quote:

Originally Posted by jimblasick

I did not know that! I'm just speculating now, but since I've seen switchblades for sale in KY and GA at gun shows and STORES I'm guessing that they don't have the same rules. Time for spring cleaning soon. I've got some friends who are overdue a gift.

Didn't mean to go too far off topic, but that one really surprised me. I'm glad to have learned something new. Thanks.

What exactly have you learned?

What "same rules" don't they have?

Federal law applies to all states. State law applies to each individual state.

It's legal to sell switchblades in TN to anyone but a minor, and apparently similar in KY and GA also, since you've seen them sold there.

- OS