TN Knife Laws?

[Guest ProguninTN]

If you could post the source of that, I would like to see it.

I can't find anything in theT.C.A. at Michie's Legal Resource that exempts a butterfly knife.

You can see 39-17-1307 which makes it illegal to carry firearms, knives and other weapons.

Then in 39-17-1308 there is a lift of defenses to the above law. Nothing about a butterfly knife is mentioned in there.

If you came upon a LEO that wasn't familiar with that type of knife, it may all depend on how you opened it. If you slowly opened it with two hands, he may not worry about it. If you opened it "Bruce Lee" style, then it may not go as well.

I don't think it would be illegal if you needed it for a lawful activity

39-17-1308(a)(4) is a defense that says if the possession is "Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity" it is legal.

Taylor v. McManus 661 F.Supp. 11 (E.D.Tenn. 1986)

http://www.cs.cmu.edu/afs/cs/usr/wbardwel/public/nfalist/auto_knives/taylor_v_mcmanus.txt

[GLOCKMEISTER]

i almost always have a gun with me, so I dont think anyone will say much about my two knives...

[Oh Shoot]

....

I don't think it would be illegal if you needed it for a lawful activity

39-17-1308(a)(4) is a defense that says if the possession is "Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity" it is legal.

(regarding carry +4" knives)

Aha, I overlooked both your post and this mention in TCA. Thanks, Fallguy...

- OS

[Fallguy]

Taylor v. McManus 661 F.Supp. 11 (E.D.Tenn. 1986)

http://www.cs.cmu.edu/afs/cs/usr/wbardwel/public/nfalist/auto_knives/taylor_v_mcmanus.txt

Thanks for the link.

Indeed "Butterfly Knives" are not switch blade knives and are not illegal.

I will keep this case book marked.

[Guest Phantom6]

Switch blades are not illegal to own or carry if you are active military, law enforcement or a one armed individual.

[Fallguy]

Switch blades are not illegal to own or carry if you are active military, law enforcement or a one armed individual.

The law does mention LEOs, Military personnel as well as EMTs, but not one armed persons.

39-17-1302

( It is a defense to prosecution under this section that the person's conduct:

(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.

But even that does't seem to cover carry.

[BryanP]

Not sure about schools,I know a student can't.

When I worked for Pepsi I had to go to many schools but I always told them when I checked in at the office that I had a pocket knife and leatherman tool on me.It was never a problem.

Pepsi? Small world. I worked for Pepsi out of Nashville for 15 years. Harriman, eh? You worked for Buck in Rockwood?

[Magiccarpetrides]

Great so I guess by this Paratrooper "gravity drop" knives are illegal too eh?

I think OS is right, as long as the blade is under 4" and it would not be considered a switchblade, it is legal to carry it.

From 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

[E4 No More]

As a "collector" you can legally own a switchblade, but you can't carry it.

One odd thing is that I don't recall seeing anything regarding knives over 4" when doing outdoor activities. Maybe it's technically illegal to have a 7" buck on your belt even when hiking/camping/hunting/fishing. Dunno.

But Pirate, if a LEO wants to make your day miserable for carrying that 6 incher, whether straight blade or folder, carried openly or concealed, carried in the normal course of your day, he certainly CAN.

- OS

39-17-1307. Unlawful carrying or possession of a weapon. —

(a) (1) A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4²), or a club.

[Oh Shoot]

39-17-1307. Unlawful carrying or possession of a weapon. —

(a) (1) A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4²), or a club.

39-17-1308. Defenses to unlawful possession or carrying of a weapon. —

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

(4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity;

But I don't think "urban hunting" counts !

- OS

[Guest mikedwood]

Why is a switchblade any more dangerous than any other knife? With spring assist, the easy opening blades are almost as quick as a switchblade. When was this law passed and why?

Like Ohshoot said I think it just makes the law makers feel better. Some states outlaw throwing stars and they are much more a toy or distraction then any kind of real weapon.

[Guest Provence]

Why is a switchblade any more dangerous than any other knife? With spring assist, the easy opening blades are almost as quick as a switchblade. When was this law passed and why?

When I was growing up, switchblade knives were associated with juvenile delinquents like the Sharks and the Jets in West Side Story.

The thinking was that no law-abiding person would carry such a thing.