I was parked at a local exxon when a police officer pulled next to me and I couldnt help but ask him a question about my Kershaw blackout, ya know the one about would you consider it a switchblade cause of the spring he said no but it would cause trouble because it's a lockblade and it was clipped to my pocket. I've heard about the whole lockblade thing and thought it was a joke cause I've never had any problems with police when they saw my buck 110 or any other lockblade knife, hell I've been to the courthouse and handed the knife to the security guard and got it back on the way out. I think it's one of those "dont ask dont tell" type things where the cops just dont inforce it because it's stupid. However it can cause problems in small rural areas and places in this county that have cops with room temp iq's and mean streaks and I would like to be safe from them when I'm hiking and biking around town. Could the AKTI present some type of affidavit (sp) that lock blade knives are far more safer than non-locking blades and that for public safety it would be best for them to resend this part of the law.
I was wondering if AKTI could help me out
- Thread starter Cyblade
- Start date
CJ Buck
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- 898
That is an excellent point about locking blades.
I would venture to say that all the manufacturers have put out statements to that effect, that Locking blades are far safer to use. I am sure AKTI can define a statement on that.
What state did this happen in?
Some of the ordinances are local so they do not come up in the federal or state searches. Did the officer say it was a local or state law?
Many of the laws also carry statements that if using in hunting or work then no problem.
I would venture to say that all the manufacturers have put out statements to that effect, that Locking blades are far safer to use. I am sure AKTI can define a statement on that.
What state did this happen in?
Some of the ordinances are local so they do not come up in the federal or state searches. Did the officer say it was a local or state law?
Many of the laws also carry statements that if using in hunting or work then no problem.
as far as I know the law is a San Antonio, Texas only thing, but it's already cost me a spyderco endura when I was 16 and walking down the street. For the most part the cops ignore it but you can get that one that wants a new knife but doesnt want to pay for it. Any help at getting a useless and barely enforced law off the books would be appreciated. Also Bexar county tends to use the same law book as San Antonio so what goes in SA goes for the rest of the county.
CJ Buck
Moderator
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I remember when that law was first passed, I think it was late 70's. My father traveled down there because they had used "Buck" as a generic term for lockback knives. We did get them to pull the generic buck out of the law but no budging on the locking blade. They were convinced the locking was made for stabbing and concealing. I will pull the statute and review it with the AKTI board and associate membership.
CJ Buck
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Since this has a minimum blade length instead of a maximum they were definitely more worried about concealed then damage potential. I also found one specifically targeted against minors and a lot of gang violence mentioned in all the websites...
I finally found the san antonio municipal codes.
http://livepublish.municode.com/18/lpext.dll?f=templates&fn=main-j.htm&vid=11508
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Sec. 21-17. Certain knives prohibited generally; exceptions; penalty for violation.
(a) It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5 1/2) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.
(b) The above prohibition set forth in subsection (a) shall not be applicable to a person carrying such a knife:
(1) In the actual discharge of his duties as a peace officer, a member of the armed forces or national guard, or a guard employed by a penal institution;
(2) On his own premises or premises under his control;
(3) Traveling;
(4) Engaged in lawful hunting, fishing or other lawful sporting activity; or
(5) Using such a knife in connection with a lawful occupation, during such utilization.
(Code 1959, § 26-28.1)
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Sec. 21-155. Possession of knife.
It shall be unlawful for any person under the age of seventeen (17) to possess or carry any knife on a public roadway or public right-of-way; on any other property in which a governmental entity has an interest; or on private property without the permission of the owner or the person in control of the property within the city limits of the City of San Antonio.
(Ord. No. 79328, § 5, 12-16-93)
Cross references: Certain knives prohibited generally; exceptions, § 21-17.
Cross references: Regulation of firearms and weapons, § 21-151 et seq.; possession of a knife, § 21-155.
I finally found the san antonio municipal codes.
http://livepublish.municode.com/18/lpext.dll?f=templates&fn=main-j.htm&vid=11508
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Sec. 21-17. Certain knives prohibited generally; exceptions; penalty for violation.
(a) It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5 1/2) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.
(b) The above prohibition set forth in subsection (a) shall not be applicable to a person carrying such a knife:
(1) In the actual discharge of his duties as a peace officer, a member of the armed forces or national guard, or a guard employed by a penal institution;
(2) On his own premises or premises under his control;
(3) Traveling;
(4) Engaged in lawful hunting, fishing or other lawful sporting activity; or
(5) Using such a knife in connection with a lawful occupation, during such utilization.
(Code 1959, § 26-28.1)
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Sec. 21-155. Possession of knife.
It shall be unlawful for any person under the age of seventeen (17) to possess or carry any knife on a public roadway or public right-of-way; on any other property in which a governmental entity has an interest; or on private property without the permission of the owner or the person in control of the property within the city limits of the City of San Antonio.
(Ord. No. 79328, § 5, 12-16-93)
Cross references: Certain knives prohibited generally; exceptions, § 21-17.
Cross references: Regulation of firearms and weapons, § 21-151 et seq.; possession of a knife, § 21-155.
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FWIW, Texas state law prohibits carrying any knife over 5.5" so you might not be allowed to carry anything at all.
Was I wrong in remembering that Texas had a preemption law which forbade local weapons laws from being stricter than state law?
Was I wrong in remembering that Texas had a preemption law which forbade local weapons laws from being stricter than state law?
- Joined
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- Messages
- 581
Has there been any joy in providing a statement from the AKTI that locking blades are provided for safety and not concealment/stabbing.
We are facing a similar problem in the UK with case law retrospectively defining a "folding pocket knife" (legal) as one which does not lock.
I have covered it in more detail here:
http://www.bladeforums.com/forums/showthread.php?s=&threadid=265563
I'm not sure whether the existence of this helps or hinders. It doesn't define that a lock knife is a fixed blade when opened but it implies it very strongly. However, the fact that this was written explicitly in a law, about a decade before our own legislation, supports my assertion that if our lawmakers had intended to outlaw locking blades, they should have and would have done so explicitly.
One further question. In any given knife company (Benchmade, Buck Spyderco, etc.) who (job title/role) would be the correct person to approach about getting this kind of statement?
Thank you.
Dominic
We are facing a similar problem in the UK with case law retrospectively defining a "folding pocket knife" (legal) as one which does not lock.
I have covered it in more detail here:
http://www.bladeforums.com/forums/showthread.php?s=&threadid=265563
I'm not sure whether the existence of this helps or hinders. It doesn't define that a lock knife is a fixed blade when opened but it implies it very strongly. However, the fact that this was written explicitly in a law, about a decade before our own legislation, supports my assertion that if our lawmakers had intended to outlaw locking blades, they should have and would have done so explicitly.
One further question. In any given knife company (Benchmade, Buck Spyderco, etc.) who (job title/role) would be the correct person to approach about getting this kind of statement?
Thank you.
Dominic
I was just wondering if anythings been done on this, I really dont know where I would start on getting this straightened out. My little town just hired a new batch of LEO's that are horses ass's (I met a couple of them, they all swaggered in and had thier chest puffed out like they were really something)and I dont wanna give them any chances to bust me cause I'll be out a knife that I cant really afford to replace.