Auto Knives

[Oh Shoot]

....

But technically it doesn't say they 'can't' sell them but they would be precluded from prosecution. Is that correct?

Well, first sentence in prohibited weapons statute:

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

(7) A switchblade knife or knuckles"

So, yeah, just like carrying a gun, it's illegal.

And there are only defenses to the illegal act.

It's strange they don't simply call them "exemptions" instead of "defenses", since it really amounts to same thing in practicality.

How do people buy them here, online?

Good ones, yeah, mostly I guess. Although there are some retail stores in TN which carry the better ones, and really will only sell to military and LEOs (dunno how the EMT thing has actually been determined by case law or whatever).

Then again, the selling is obviously not very much enforced, if at all. Certainly not at gun shows at least.

I went through order process at several of the big online knife sellers on an auto just out of curiosity not long ago as a matter of fact, a couple showed notices that I would have to fax military/LEO credentials, a couple showed no notice at all, and seemingly would have just shipped them to me, f' if I know.

- OS

[Oh Shoot]

I get a Sportsman/shooters catalog in the mail every now and then, I noticed that sales of any knives with a blade over 4" is restricted in TN.,...

Yeah, the Sportmans Guide's lawyers have misinterpreted TN law. You can generally buy long kitchen knives there, though. And machetes. And swords!

- OS

Edited September 14, 2011 by OhShoot

[Lumber_Jack]

It's so nice to know the government is here to keep us safe. Lord knows with all those switchblades, suppressors, and automatic weapons off the streets I sleep easy at night.

[JayC]

It's so nice to know the government is here to keep us safe. Lord knows with all those switchblades, suppressors, and automatic weapons off the streets I sleep easy at night.

You can at least buy suppressors and automatic weapons if you jump through crazy paperwork... no average citizen can legally own a automatic opening knife. How on earth does that make sense?

[Fallguy]

It's strange they don't simply call them "exemptions" instead of "defenses", since it really amounts to same thing in practicality.

Yeah and No....

It seems in practice most of the time they are they same, but from my understanding (IANAL) if there is an exmption...then as long as you fall into that exmption..it is "legal", if there is a defense...it is still illegal, but it provides a defense you could use in court.

[Guest ArmaDeFuego]

it is still illegal, but it provides a defense you could use in court.

And why would they take you to court if they know you have a valid defense against it?

Is that like how they haul people before committees when they know they will just take the 5th? Hehehe

[Fallguy]

And why would they take you to court if they know you have a valid defense against it?

Is that like how they haul people before committees when they know they will just take the 5th? Hehehe

Most of the time they probably won't/don't. I'm just pointing out in one you are not violating the law (exemption) in one you still are (defense)

But it's sort of like when someone breaks into your home...there is the presumption you are in fear of imminent death or serious bodily harm, but if the prosecutor feels he can prove it was reasonable for you to be in that fear, he can still charge and you can still be convicted.

[Guest Chattanoogan]

and yes, the TN HCP applies only to handguns.

When I took my class last year, they told me I could have a loaded shotgun or rifle in my vehicle as long as it doesn't have a round chambered.

[Lumber_Jack]

When I took my class last year, they told me I could have a loaded shotgun or rifle in my vehicle as long as it doesn't have a round chambered.

That is correct

[Fallguy]

When I took my class last year, they told me I could have a loaded shotgun or rifle in my vehicle as long as it doesn't have a round chambered.

That is correct...

Guess we were mainly talking about carry on your person...

[Guest WyattEarp]

so im guessing this would be illegal to carry around then, since it's opened with a button, even though it flips open from the side, rather than opening and retracting vertically through the handle?

[Pain103]

That is a switchblade and is illegal to go armed with. It doesn't say that it has open vertically from the handle.

Edited September 17, 2011 by Pain103
Additional words

[JayC]

so im guessing this would be illegal to carry around then, since it's opened with a button, even though it flips open from the side, rather than opening and retracting vertically through the handle?

As I read the law, it's illegal to own, let alone carry.

[Lumber_Jack]

As I read the law, it's illegal to own, let alone carry.

Not completely sure about that. I believe there is a provision for collectibles. However no destiction says it has to be old, etc. I know a lot of people have them, some on this forum.

[Oh Shoot]

As I read the law, it's illegal to own, let alone carry.

Don't you have any curios, ornaments, or keepsakes ? I do, and at least one happens to be switchblade.

- OS

[DHF]

I own a few higher dollar knives including a couple of auto openers. I was considering the purchase of a new EDC and received some great advice from a guy who is extremely serious about his knifes, "You don't want to be carrying any knife that it is going to hurt your feelings when an overzealous cop/security person takes it from you or if you have to quickly wipe it down and toss it in the gutter."

Also, as one of my law professors pointed out, nothing in this country is actually illegal until someone complains.

[Guest TackleberryTom]

I think the laws are stupid, no real big surprise there. I have a collectible Benchmade auto, it is very special, it appears like it is carried and used daily. I has authentic looking wear, it must be even more valuable that way.