Texas Balisong Laws?

R

Rylorien

Joined
Oct 7, 2000
Messages
26
Ok, have read through penal code 36 and after looking at it closely I could swear there is not a single law with reference to single sided under 5.5 inch blades in reference to balisong or butterfly knives, yet from everyone I know I hear they are illegal, is this true? Any help would be appreciated

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Is that all you monks ever think about? Sects! Sects! Sects!
 
Rylorien,

I am not in Texas, and I am not an attorney, so take this with a grain of salt.

For a better "quick" picture for the existing legal situation you need to look at the law itself, "Penal Code 36" as you have already done. Make sure you have gone over the definitions as well. There is nothing that says that a '57 chevy can not be defined as an automatic weapon "for the purposes of this legislation".

Second, make sure there is nothing else on the subject hidden away somewhere else in the law, different code, different section, etc.

Third, you have to look at the actual case law. Basically every time a charge is filed, the disposition of that case, and the legal basis for that decision.

Good luck,


Mike
 
Rylorien,

According to the 2000 Texas Penal Code, chapter 46.01:

(11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that:

(A) opens automatically by pressure applied to a button or other device located on the handle; or

(B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.

Unlike "illegal knives" which may be owned, but not carried, a switchblade knife is considered a "prohibited weapon." According to 46.05:

§46.05. Prohibited weapons.

(a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(5) a switchblade knife;

(e) An offense under this section is a felony of the third degree unless it is committed under Subsection (a)(5) or (a)(6), in which event, it is a Class A misdemeanor.

So, although I am not a lawyer either, it looks to me like Texas law would define a balisong as a switchblade. Possession would constitute a Class A misdemeanor.

The really absurd thing about this incredibly vague definition is that it encompases nearly every folding knife I can think of. Note that it doesn't define how much force need be applied to open the knife. Every folder I've ever seen could be opened by "enough" centrifugal force.

Don't you just love it?

Jerry
 
You know whats even worse about it all, is that even though according to the penal code it is illegal to own them, there are four places within 20 miles of my home that sell balisongs. Is this because it is legal to own them within the home? And also, does anyone know what the maximum penalties/fines for a class A misdemeaner is?

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Is that all you monks ever think about? Sects! Sects! Sects!
 
Definition "B" of that switchblade law is meant to prohibit "gravity knives", which are very different from balisongs. Most states also prohibit gravity knives and have a similar definiton to the Texas one.

It's certainly true that the definiton is extremely vague. Unfortunately, prosecutors sometimes claim that balisongs are covered by that definiton, even though they aren't. You'd have to look at case law for Texas to see if a balisong owner has ever successfully been prosecuted under that law. If a balisong has been defined as a switchblade in a court case, it sets a dangerous precedent.

You might want to look through some of the court cases where Bernard Levine was retained as an expert witness, they're very informative. http://pweb.netcom.com/~brlevine/expa1199.htm There are a lot of cases that Levine served on where just this thing happens; a stupid attorney claims that a balisong is a switchblade. Here's an excerpt from one of the case summaries on Mr. Levine's site:
State of Oregon vs. Daniel Joseph Kammer

Mr. Kammer had been stopped for driving drunk, and was found to have a butterfly knife concealed in his pants pocket. Therefore he was charged both with driving under the influence of intoxicants and with carrying an illegal concealed weapon.

In Oregon there are no laws banning the possession, manufacture, or sale of any type of knife. However, it is a Class B Misdemeanor to carry "concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force and commonly known as a switchblade knife, any dirk, dagger, ice pick, slung shot, metal knuckles, or any similar instrument by the use of which injury could be inflicted ..."

Mr. Kammer's court-appointed attorney retained me to testify as to my opinion of whether or not this butterfly knife was a switchblade knife. My expert opinion was (and is) that it is not. I stated that a butterfly knife requires considerable manipulation, in addition to centrifugal force, to be opened fully. I also stated that a common pocketknife is more similar to a switchblade knife than a butterfly knife is.
Click to expand...
The dude lost the case, which is a real bummer
frown.gif
, but similar cases that Levine writes about turned out better.

[This message has been edited by cerulean (edited 10-10-2000).]
 
cerulean,
You're probably right. That's one of the problems with these vague laws. It doesn't really matter what the intent of the authors was. We're at the mercy of the court and how they interpret the law.

Case law can tell us how the laws are being interpreted, but that's only part of the problem. We're also at the mercy of the LEOs. I know several who consider butterfly knives to be switchblades under this statute. Sometimes they'll arrest, sometimes just confiscate the knife. Either way, you're in for a hassle and you're going to be out at least the price of your knife. If you go to court, even if you win, it's gonna cost $$$.

Rylorean, I beleive a class A misdemeanor is a fine of $500 - $1500. As far as the selective enforcement goes, it's probably just as cerulean says.

Does anyone know a good place to research case law like this? I know about lexis, but you have to pay to use their site. Are there any similiar sites that are free?

Jerry
 
I know the background of the laws that banned the importation, manufacture, interstate transportation, etc. of switchblades, but I am unaware of the similar background that led to the official hostility toward bali-song knives. It seems to me that, for most people, they are likely more dangerous to the user than to his opponent when it comes to a quick opening. And I am absolutely certain that my Sifu is both faster and more secure than any Bali-Song that I have ever seen, so why are the LEOs and the DAs so down on them? Or is it just that they have found a way to be down on another knife, no matter the reason?

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Walk in the Light,
Hugh Fuller
 
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