Legality of an Auto Knife

[Guest 72ratcamaro]

I am looking at a Benchmade 3550 and wondering about the legality of carrying a tool such as that. I do collect knifes and want if for my collection regardless but would like to be able to use it also. I am a civilian.

[Guest tnfireman]

Someone please correct me if I am wrong.

You can collect, and own, an automatic knife but cannot carry it unless you are police, fire, ems, or military.

[Guest flyfishtn]

If I remember correctly. It is illegal to carry but you can own them without an issue.

Here are two links with some reference points.

Tennessee Firearms Assoc. Inc. • View topic - Are automatic knives legal to own in TN

and here:

http://pweb.netcom.com/~brlevine/tn.txt

[willis68]

Someone please correct me if I am wrong.

You can collect, and own, an automatic knife but cannot carry it unless you are police, fire, ems, or military.

You are correct sir

[Oh Shoot]

If I remember correctly. It is illegal to carry but you can own them without an issue.....

You are correct sir

I certainly agree, but two lawyers on TGO do not, claiming that only an old/antique switchblade could be legally considered a "curio, ornament or keepsake" and that possessing a contemporary switchblade in your home is indeed a Class A misdemeanor.

- OS

[Guest 10mm4me]

It is illegal to possess it at all unless you are military, EMS, Fire, or Police. You cannot even own it for "collecting" purposes. That being said, I don't think anyone really cares. It is a stupid, antiquated technicality of a law that needs to be changed.

[kb4ns]

It is a stupid, antiquated technicality of a law that needs to be changed.

Yep. I always thought it was stupid that you can carry a fixed blade knife, but if the knife blade of a folder gets into the same position quickly with the help of a button, it's illegal.

[Oh Shoot]

It is illegal to possess it at all unless you are military, EMS, Fire, or Police. You cannot even own it for "collecting" purposes. ...

I disagree.

How do you support that statement under TCA?

- OS

[Guest 10mm4me]

(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

Having it, be it on your person, or in your home in a case, is still possessing it. I doubt collecting a machine gun or an SBR would be ok so long as you didn't carry it.

( 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;

Edited October 17, 2010 by 10mm4me

[Oh Shoot]

...

(7) A switchblade knife or knuckles; or

Having it, be it on your person, or in your home in a case, is still possessing it. I doubt collecting a machine gun or an SBR would be ok so long as you didn't carry it.

...

Do you think this passage is in TCA just as an accident, having no meaning?

"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

[Guest 85rx-7gsl-se]

Isnt there a provision allowing carry of an auto-knife if the individual possesses only one arm as well?

[Oh Shoot]

Isnt there a provision allowing carry of an auto-knife if the individual possesses only one arm as well?

No, that seems to be urban legal legend.

Or maybe it is law in some state or other and has become widely circulated.

- OS

[Guest 85rx-7gsl-se]

IDK I just know I have read it somewhere. Maybe it had to do with Federal Law and Interstate transport?

[Oh Shoot]

IDK I just know I have read it somewhere. Maybe it had to do with Federal Law and Interstate transport?

Quick Google shows that there is a switchblade/handicap component to federal law:

"15 U.S.C. § 1244 provides, in summary: Knives can be shipped by common carrier, that sale, transportation or distribution, possession or introduction into interstate commerce of switchblade knives is authorized if it is pursuant to a contract with the armed forces or any member or employee thereof acting in the performance of his or her duty may possess switchblade knives and may have them shipped to him and sold to him or her. The possession and transportation upon his or her person of a switchblade knife or a blade 3 inches or less is authorized to any handicap individual who has the use of only one arm."

So, I guess that would exempt you in TN under those circumstances?

Dunno.

- OS

Edited October 17, 2010 by OhShoot

[Guest 10mm4me]

Do you think this passage is in TCA just as an accident, having no meaning?

"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

So you're telling me that the ATF would be ok with somebody having an SBR or machine gun so long as they said "oh that's just a keepsake, don't worry about that"...I don't think so. Since the switchblade is on the same list, it follows the same rules.

[Oh Shoot]

So you're telling me that the ATF would be ok with somebody having an SBR or machine gun so long as they said "oh that's just a keepsake, don't worry about that"...I don't think so. Since the switchblade is on the same list, it follows the same rules.

Dude, carefully, actually, READ the friggin statute so you stop embarrassing yourself.

- OS

[Guest 85rx-7gsl-se]

So you're telling me that the ATF would be ok with somebody having an SBR or machine gun so long as they said "oh that's just a keepsake, don't worry about that"...I don't think so. Since the switchblade is on the same list, it follows the same rules.

§ 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.

[Oh Shoot]

...

(1) ...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;...

Kind of you to highlight the clue, though I wonder if it will be enough.

- OS

[Guest 10mm4me]

I see what you are saying, but it only says it is a defense. It is still illegal, and technichally, if they wanted to, you could still be prosecuted. Also, why do you get so worked up over a simple discussion on a forum. If you think this embaresses me you are sadly mistaken. Kinda like if you use your weapon in a posted place. It is a defense to the criminal tresspass that you used your weapon (if justified) but TECHNICALLY SPEAKING, it is still illegal.

[Guest 85rx-7gsl-se]

It is not illegal if you meet one of the defense exemptions.

[TNRobocop]

Usually the charge is only brought as an add-on charge for someone already arrested or acting really stupid with it.

I have never seen it charged as a stand alone offense, but it could happen.

If you were average joe law abiding citizen, I might give you a verbal warning, especially if you werent' aware of the law, but wouldn't charge somebody for it.

Now if I arrest joe criminal and he has it, then yes he will have it added to the charges.

[Oh Shoot]

I see what you are saying, but it only says it is a defense. It is still illegal, and technichally, if they wanted to, you could still be prosecuted.....

HCP is only a defense to illegal possession of a weapon, if you wish to argue in that vein.

- OS

[Oh Shoot]

Usually the charge is only brought as an add-on charge for someone already arrested or acting really stupid with it.

I have never seen it charged as a stand alone offense, but it could happen....

You mean, for carrying a switchblade?

Wow, I would think that most LEOs would pop anybody for that.

As far as possessing one in your home, have run that by couple of lawyer friends, and they both scoff at the notion of being charged in that regard, no matter who you are.

- OS

[Jasongar8]

With all the "spring assist" knives out there now I don't see why we still have auto knife laws. A "assist open" knife opens just as fast and can be done one handed just like a auto can.

[kb4ns]

With all the "spring assist" knives out there now I don't see why we still have auto knife laws. A "assist open" knife opens just as fast and can be done one handed just like a auto can.

Yep. Hell, I have knives with nothing more than a thumb stud that'll open just as fast. :-\