Is this knife legal??

[Fivestring63]

It's a knife I picked up at an auction. The blade is spring loaded and comes straight out of the handle when you push a button and locks.

Not sure of the length. I left it at work. Probably close to 4".

I'm not big into knives and thought you all would know.

[Guest jwp]

To own? Yes.

To carry? No.

[saintsfanbrian]

Yes, it is not illegal to own a spring loaded knife if you are a collector. Remember a collector of knives means that you own more than 4.

It is illegal to carry it.

[Fivestring63]

Thanks for the responses.

[Guest Ranger Rick]

Yes, it is not illegal to own a spring loaded knife if you are a collector. Remember a collector of knives means that you own more than 4.

It is illegal to carry it.

Now you got me curious.

I knew about the 4" rule... but not the collector's rule. Can you point me to that in the TN law? Guess if you have none... you gotta buy (collect) 5 the first time to be/stay legal. (Seems weird to me. )

[Guest GUTTERbOY]

Now you got me curious.

I knew about the 4" rule... but not the collector's rule. Can you point me to that in the TN law? Guess if you have none... you gotta buy (collect) 5 the first time to be/stay legal. (Seems weird to me. )

I wonder if knives in the kitchen count towards that five-knife number.

[Guest db99wj]

I wonder if knives in the kitchen count towards that five-knife number.

Good point, I have a 14 piece set, a few pairing knives, several pocket knives....I'm a collector!

[Guest ProguninTN]

It's a knife I picked up at an auction. The blade is spring loaded and comes straight out of the handle when you push a button and locks.

Not sure of the length. I left it at work. Probably close to 4".

I'm not big into knives and thought you all would know.

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

39-17-1301 Switchblades defined.

39--17-1302 Switchblade Possession prohibited. The collector's defense as I read it only applies if the weapon is not readily operable.

39-17-1307 Knives limited to 4" in length.

39-17-1308 Defenses to unlawful carrying.

As far as 5 knives to be a collector, I did not locate that.

[Guest GUTTERbOY]

Here's a serious question: How are "assisted open" knives like my Kershaw Scallion viewed WRT the "Switchblade" definition? Anyone have any particular experience here? I'm pretty sure I've seen knives like the Scallion for sale here in TN, which would lead me to believe that they're OK... but I don't want to catch any grief for having this thing clipped on my pocket one day. And I figure that carrying is probably going to increase the chance that I might one day get frisked by a cop, sad as that may be.

[saintsfanbrian]

Well, I guess I was a bit wrong but here is the pertinent information:

© 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.

And section A 1-8:

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.

Notice that 1-5 all have to do with Firearms or explosives. A knife or brass knuckles are exempt.

A switch blades is defined in 39-17-1301 as

(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; and

Edited July 16, 2008 by saintsfanbrian

[Guest Grout]

I want one of these www.waspknife.com

[Guest eyebedam]

Honestly the switchblade being illegal is kinda stupid. Whos ever in a knife fight these days?

[Guest db99wj]

Honestly the switchblade being illegal is kinda stupid. Whos ever in a knife fight these days?

The loser.

[nightrunner]

i wish TN's permit was for weapons and not just handguns

[Guest eyebedam]

i wish TN's permit was for weapons and not just handguns

Well I wish the lightsaber was a real weapon.

[Guest GUTTERbOY]

I wish I was a little bit taller

I wish I was a baller

I wish I had a girl who looked good, I would call her

I wish I had a rabbit in a hat and a bat and a six-four Impala

[Fivestring63]

I guess a tatergun is illegal. That would be kinda hard to carry though.

[Guest GUTTERbOY]

You could probably carry a short-barrel tater gun, but then you'd have to pay the BATFE tax for it and get the receiver engraved. SBTs are cool but can be a lot of hassle.

[Magiccarpetrides]

In Britain knives are all the rage....what about that knife that injects gas into someone...wouldnt that technically be illegal?

[Guest GLOCKGUY]

The loser.

good one

[TripleDigitRide]

Well I wish the lightsaber was a real weapon.

+1

[Guest mikedwood]

So I guess carrying my Katana is totally out of the question. It's not a swtichblade but the blade is 28" which is over 4" on most tapes.

Does a sheathed fixed blade knife 4" or less count as a switchblade? I mean just whip and it's out and ready.

[Guest ProguninTN]

So I guess carrying my Katana is totally out of the question. It's not a swtichblade but the blade is 28" which is over 4" on most tapes.

Does a sheathed fixed blade knife 4" or less count as a switchblade? I mean just whip and it's out and ready.

No.

39-17-1301

(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;