One Armed Man Switchblade Exemption?

[Guest scotd1]

My uncle lost an arm a few years ago and wants to carry a switchblade as he uses a knife to work things open and etc to help offset the loss of the other arm. Is there an exemption in the Tennessee laws that allows this? I found the Federal exemption and some other states but I can't find anything about it in TN. A LEO told him there was one and if it is true he would like to have a copy in hand in case he was challenged.

[Guest bkelm18]

I don't believe there is an exemption.

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.

[Jonnin]

Not sure. The exemption I was told about (and never confirmed, as it did not apply to me) was that emergency personel can carry automatic knives to remove clothing etc. That would be medical teams, police, firemen, etc. I do not know or really care if it is true.

[Oh Shoot]

Not sure. The exemption I was told about (and never confirmed, as it did not apply to me) was that emergency personel can carry automatic knives to remove clothing etc. That would be medical teams, police, firemen, etc. I do not know or really care if it is true.

You post on a issue you admittedly don't know about and also don't care about? Just wow.

Anyway, to OP, the "one armed exemption" is an odd federal one, but only applicable to federal lands, not states. Also must be 3" or less. Which is also odd since federal buildings have under 2.5" restriction for all knives.

TN has no "one armed exemption" for any knife.

Though TN statute is clumsily written (no shortage of those), it's generally acknowledged that the only exemption for carrying switchblades are for "Law enforcement officers, Military personnel; or Emergency medical technicians" (although emergency medical folks are only technically mentioned as legal to sell switchblades to, but not specifically exempted for carrying as are military and police).

Michie's Legal Resources

- OS

Edited May 7, 2011 by OhShoot
added michie link

[Guest mosinon]

get a kershaw with speedsafe. It is easily worked one handed. It's like a switchblade but legal.. .Somehow, I don't know. I've read that it's legal because you have to move the blade ten degreesish before it snaps open on its own. Anyway, it seems pretty automatic to me. You can also close them very easily with one hand.

One word of warning. I've heard tenth hand stories that occasionally an officer will mistake one for an automatic knife. If that kind of thing worries you.

[Trekbike]

get a kershaw with speedsafe. It is easily worked one handed. It's like a switchblade but legal.. .Somehow, I don't know. I've read that it's legal because you have to move the blade ten degreesish before it snaps open on its own. Anyway, it seems pretty automatic to me.

My wife carries one and from what I've read is that spring assist knives like this are legal because; 1) The "device" to help open the blade is actually part of the blade and not a separate piece like a switchblade. 2) The user is the one to start the movement of the actual blade, although a very small amount, which is different from a switchblade. With a switchblade you activate a switch which in turn releases the blade to open. I agree that the kershaw could be mistaken for a switchblade very easily.

Edited May 7, 2011 by Trekbike

[Guest mosinon]

My wife carries one and from what I've read is that spring assist knives like this are legal because; 1) The "device" to help open the blade is actually part of the blade and not a separate piece like a switchblade. 2) The user is the one to start the movement of the actual blade, although a very small amount, which is different from a switchblade. With a switchblade you activate a switch which in turn releases the blade to open. I agree that the kershaw could be mistaken for a switchblade very easily.

We've read the same stuff! Though, honestly, the difference between a kershaw with speed safe and a switchblade is one of those things that just makes you shake your head.

[Oh Shoot]

We've read the same stuff! Though, honestly, the difference between a kershaw with speed safe and a switchblade is one of those things that just makes you shake your head.

A shotgun with an 18" barrel is fine, but saw an inch off and it becomes a WMD. There's a real dearth of logic behind most all weapons laws.

- OS

[hso]

OhShoot is correct, TN makes no exception to the prohibition against carrying switchblades for being one armed or one handed. The "defense to prosecution" section is what leads many to think that being LE, EMT or other public safety are exempt from the prohibition, but it isn't as clear cut as that.

[Trekbike]

A shotgun with an 18" barrel is fine, but saw an inch off and it becomes a WMD. There's a real dearth of logic behind most all weapons laws. - OS

I think that's why most of the manufacturers go with the 18.5" just to give a little safety margin when someone measures it. I've heard all kinds of confusion over where the actual measurements are to be taken.

[Oh Shoot]

I think that's why most of the manufacturers go with the 18.5" just to give a little safety margin when someone measures it. I've heard all kinds of confusion over where the actual measurements are to be taken.

The point was the absurdity of the law itself.

- OS

[Guest yzfMrLee]

Yeah, the laws are pretty strange. We get a permit to carry a handgun, but a some knives are still a no no? I honestly like the design like the Kershew you guys are talking about more than most of the actual switchblades personally. That would seem to be a very good alternative for the OP.

[Guest mosinon]

Yeah, the laws are pretty strange. We get a permit to carry a handgun, but a some knives are still a no no? I honestly like the design like the Kershew you guys are talking about more than most of the actual switchblades personally. That would seem to be a very good alternative for the OP.

I've got three kershaws. The baby boa, the scallion and the blur. They are all pretty nice and easily used with one hand.I was hankering for a Zero Tolerance 0300 but the kershaws seem good enough for me and tons cheaper.

BTW, I concur. The swtichblade knife laws are crazy. I think Rebel Without a Cause and such got everyone all stirred up over nothing. Although, since the only ones I've handled are the really cheap ones, I could be wrong. I suppose it is possible that switchblades automatically jump out of your hand and stab the nearest nun to death before killing every child in an hundred yard radius but until I see it actually happen I'm going to assume you have to take the knife out of your pocket, open and then get all stabby before anyone actually gets hurt.

[Guest yzfMrLee]

yeah. I'm just not so sure having the blade out a tiny bit faster makes you that much more a threat to society. I'm not holding my breath in wait for the laws to start making sense though.

[Guest mosinon]

yeah. I'm just not so sure having the blade out a tiny bit faster makes you that much more a threat to society. I'm not holding my breath in wait for the laws to start making sense though.

I've got knives you don't have to open at all, mine are called chef's knives and are ready to cut as soon as I open the drawer where they live. Yet my family hasn't been stabbed to death...yet. Some are even way over four inches long. In the spirit of honesty, if I were interested in killing someone with a knife, I wouldn't bother with a kershaw or an auto knife, I'd grab the 9 inch chicago cutlery I use to butcher chicken. It is just carbon steel but it is wickedly sharp by necessity, when you're cooking a sharp knife is dangerous, a dull knife is very dangerous.

I suppose sooner or later chef's knies are on the way out as well.

Edited May 9, 2011 by mosinon

[mav]

Just wow.

You certainly have a way with words. I have never heard that expression before. I have to admit that I spent an hour yesterday crying from laughing so hard. I still find it funny today. I guess I am easily amused.

[RobertNashville]

I've got knives you don't have to open at all, mine are called chef's knives and are ready to cut as soon as I open the drawer where they live. Yet my family hasn't been stabbed to death...yet. Some are even way over four inches long. In the spirit of honesty, if I were interested in killing someone with a knife, I wouldn't bother with a kershaw or an auto knife, I'd grab the 9 inch chicago cutlery I use to butcher chicken. It is just carbon steel but it is wickedly sharp by necessity, when you're cooking a sharp knife is dangerous, a dull knife is very dangerous.

I suppose sooner or later chef's knies are on the way out as well.

I wouldn't be surprised...I read recently (from USCCA I believe) that in the U.K.; now that they've banned all guns and people are still killing each other knives are now being sought (any sort of sharp scissors is probably next).

[Jonnin]

You certainly have a way with words. I have never heard that expression before. I have to admit that I spent an hour yesterday crying from laughing so hard. I still find it funny today. I guess I am easily amused.

=)

I was amused as well. You have to spell everything out or you get this sort of siliness, at least its entertaining. I guess I have to explain that the exemption I mentioned has zero effect on me (I am not an EMT) or the thread (the one armed fellow may or may not qualify, but either way, his EMT status has nothing to do with his lack of arm) therefore looking it all up to verify an exemption to the law that does not apply to anyone here had no interest for me. It still does not. I am still not an EMT and that is still not the thread topic, so the one known exemption (if its accurate) still does not apply to either of us. In short, no exemption for the guy so he should use a sheath knife or a thumb-open design of some sort. The one I carry has a thumb lever on the back of the blade that vanishes into the handle when open, very easy to operate one handed, as are the ones with thumb knobs etc.

[Guest friesepferd]

as others have said, there are other options that are just as good for this kind of situation

there any many that make a spring loaded opening mechanism that is not a 'switch blade' because it doesnt have a button. it has a normal 'nub' but takes VERY little effort to actually flip it open. its actually quite similar to hitting a button. there are a lot of nice ones out there, and thats what i recommend he take a look at.

[willis68]

I wouldn't be surprised...I read recently (from USCCA I believe) that in the U.K.; now that they've banned all guns and people are still killing each other knives are now being sought (any sort of sharp scissors is probably next).

I work with several Brits, all "Lock back" knives are illegal and you will be arrested for carrying them, to put this in laymen's terms a Buck 110 if found in your car will get you into a world of **** across the pond

[hso]

all "Lock back" knives are illegal and you will be arrested for carrying them, to put this in laymen's terms a Buck 110 if found in your car will get you into a world of **** across the pond

Except that's not quite what their law says. If you are a tradesman or have some other legitimate reason to carry one, you may do so. It is roughly equivalent to our "defense to prosecution" rules. Most Americans believe that owning a switchblade is against the law universally, but there are many laws with exemptions or various "defense to prosecution" exceptions that permit it. Same in the UK. Most Brits think that anything with a lock is totally verboten, but there are exceptions. A law doesn't have to completely forbid I thing for the majority of people to believe it does.

[Fourtyfive]

Funny how they are illegal yet I go to gun shows and buy them all the time. Legal to sell and own , just not to carry ? I love my Protechs.

[Guest Grout]

Back to the original question,why would he need a "switchblade" any knife with a thumb stud or hole in the blade can be easily manipulated with one hand

[willis68]

Back to the original question,why would he need a "switchblade" any knife with a thumb stud or hole in the blade can be easily manipulated with one hand

Exactly, in fact some spring assisted knives such as the Zero Tolerance 300 series are as fast if not faster than many top of the line Automatics beside that they are much easier to close with one hand

[Jonnin]

Funny how they are illegal yet I go to gun shows and buy them all the time. Legal to sell and own , just not to carry ? I love my Protechs.

There is a huge gap between what you may carry and what you may own. You can own a shotgun, semi-automatic rifle, or switchblade. You may not "carry" any of these ("carry" meaning loaded/ready to use/etc in the same sense as carrying a CCW, not "carry" meaning transport or the actual english word, clearly you may transport your belongings).