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Tennessee Butterfly Laws?
- Thread starter GrimPanda
- Start date
Butterfly knives are not legal in all states. But that level of legality varies. Some it is illegal to so much as own one in the privacy of your home (though it is largely unenforceable) while others like Maryland count them as normal pocket knives where they are legal to carry concealed.
Tennessee state law prohibits even mere ownership of "switchblades" but makes no mention of anything fitting the description of a butterfly knife. (Tenn. Code Ann. § 39-17-1302)
It is against the law to carry, concealed or openly, any knife with a blade longer than 4 inches. (Tenn. Code Ann. § 39-17-1307) Exceptions to this limit include "Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity." (Tenn. Code Ann. § 39-17-1308)
It would seem they are legal to carry if they are under 4".
Source: http://www.lexisnexis.com/hottopics/tncode/
Tennessee state law prohibits even mere ownership of "switchblades" but makes no mention of anything fitting the description of a butterfly knife. (Tenn. Code Ann. § 39-17-1302)
It is against the law to carry, concealed or openly, any knife with a blade longer than 4 inches. (Tenn. Code Ann. § 39-17-1307) Exceptions to this limit include "Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity." (Tenn. Code Ann. § 39-17-1308)
It would seem they are legal to carry if they are under 4".
Source: http://www.lexisnexis.com/hottopics/tncode/
Gravity knives are defined as switchblades in TN, legal to own as "curio, ornament, or keepsake", but illegal to carry. Class A misdemeanor, same penalty as carrying a heater without a permit.
Tennessee Code Annotated, Part 39, Weapons
39-17-1301 - Part definitions.
" 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
(B) Operation of gravity or inertia"
- OS
Key word is "automatically." In Taylor v. McManus 1986, the court ruled that this language excludes butterfly knives because their opening mechanism is not automatic (i.e. "self-acting") since they require the force of the hand and arm to open, not an integral spring that is under pressure and released.
Best of luck with that. Just means you won't be charged federally. Federal law does not preempt state law on the matter.
Some states have no restrictions on switchblades at all, for example.
- OS
- Joined
- Nov 2, 2002
- Messages
- 63
Interpreting the law is tough, as you have no idea what a police officer, attorney, or judge will interpret it as. So, butterfly knives to carry are a "no" in TN, though owning them is fine. TN recently passed a law saying that jurisdictions cannot preempt state law, so we only have one set of knife laws in TN now. Also, the switchblade laws referenced are also getting tackled and were VERY nearly repealed until a last-minute testimony my a sheriffs office took it off the table. We have some very pro-knife folks in TN gov't right now, and the switchblade law repeal will come up again next year.
From KnifeRights.org-
SB1015/HB0581 originally included language to repeal the Tennessee ban on switchblade knives and knives over 4-inches long, as well as enact Knife Law Preemption. It passed the Senate overwhelmingly, but was amended in the House after a last minute hyperbolic misinformation campaign in opposition to those repeal portions of the bill by the Tennessee Sheriff's Association.
Testimony by their executive director included such outlandish remarks about switchblades as being intimidating because, "it even sounds like a shotgun rack, if you want to get right down to it."
From KnifeRights.org-
SB1015/HB0581 originally included language to repeal the Tennessee ban on switchblade knives and knives over 4-inches long, as well as enact Knife Law Preemption. It passed the Senate overwhelmingly, but was amended in the House after a last minute hyperbolic misinformation campaign in opposition to those repeal portions of the bill by the Tennessee Sheriff's Association.
Testimony by their executive director included such outlandish remarks about switchblades as being intimidating because, "it even sounds like a shotgun rack, if you want to get right down to it."