[Texas] - Is this considered a switchblade / illegal knife?

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wowf250

Joined
Jun 7, 2006
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I live in Houston, TX and am having trouble determining if a knife I'm thinking about buying is legal or not.

This is what I'm considering -
Kershaw Ken Onion Black Out, Combo Edge
http://www.knifeworks.com/index.asp?PageAction=VIEWPROD&ProdID=346

Apparently this is different from most assisted open knives in the sense that you don't push a button to get it open - you have to overcome some sort of torsion bar.

Now, based on these laws - http://dao-web.dao.hctx.net/ie/TEXAS WEAPONS LAWS.pdf - is this knife going to be legal?

Here are the criteria from the like above in regards to switchblade knives:
"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.
Click to expand...

What do y'all think?

Thanks!
wowf250
 
As in NY and Federal law, These knives get around the law by the fact you use the thumbstud or flipper on the BLADE to push to open it, therefore not a device in the handle. It is legal by a play on words, which is all you need, however I am a former NY LEO, and all my present active duty buddies say they would consider it a switchblade or if it could be flicked open a gravity knife. I have several keshaw and cammlius AOs and all can be flicked open but one.....just my thoughts from NY
 
Thank you for those pointers. Your comment, as well as some deeper thought about the wording of the law, brings me to yet another question...

I currently have one of these - http://www.gerbergear.com/product.php?model=1525 - a Gerber FAST Draw AO. The knife is opened by applying pressure to the thumbstud on the blade, or by flicking a piece of the blade that sticks out of the other end of the knife. The way I'm reading items 'a' and 'b', I am perfectly within the law due to the fact that the knife is actually deployed by either flicking something on the blade, or pushing a part of the blade that sticks out by the side of the handle; no action whatsoever on the actual handle. This makes most AO knives legal, no?

Thanks again for offering your thoughts. So far it looks like I'll be able to skate the law with AO knives... hopefully we can get an expert of Texas law or a Texas LEO to confirm this for me.
 
The part of the blade that "sticks out the side" is what I called the flipper above. I agree that this makes them legal by the wording of the law. The one thing I strongly suggest, is that you make sure the knife in question can not be flicked open with out engageing the AO mechanism. I only say this to explain I could see an officer who felt your AO was a switchblade and was then redirected by you, or a supervisor that it was not due to the exact wording of the law. If the officer could then flick you knife open with out using the AO system, he could rightfully charge you with a gravity knife.....I have a Heat, Leek, and scallion, and only the scallion can not be flicked open. The other two can.
 
I too live in texas. the way that I read #2, this would include any knife that has a loose pivot pin/screw. If it opens by the force of gravity or "flicking your wrist" then according to that statement it is illegal. :( I hope they don't say anything about my folding box cutter...
 
I don't follow. Nothing is done from the handle, so given statement b, it should be just fine, no?
 
Wowf250, what they are talking about is that part (b) refers to what is usually called a "gravity blade" and it is being used by local authorities in more and more areas to remove folders with loose pivots from the streets. If your folder has a loose pivot, it can usually be opened by a flick of the wrist and it, therefore, falls within the definition of a "gravity knife." It behooves any of us carrying knives with adjustable pivots to keep those pivots relatively tight.
 
Thank you very much for clarifying. Now - sorry for the stupid question (I'm just trying to avoid trouble with LE :)) - but by flicking you mean just holding the knife in my hand and trying to get it open without using the 'thumbstud' or 'flipper', correct?

I have just tried this with a Gerber FAST Draw and was unable to get it open without using the thumbstud or flipper in the side of the knife. This makes it fully legal, no?
 
WOWF250....just be sure you are giving it a good snap of the wrist. The blade can be pointed down or a across the body thrust to see if it is a gravity knife. It only matters that the LEO can open it that way to charge you. I always keep them tight.
 
Damn.. the Gerber opens if pointed down and snapped. Do you know if there's any way to adjust my Gerber FAST Draw?
 
That i don't. If it is pinned together you have to peen the blade tight. I don't know how this is put together. I have a Buck 110 that is a non gravity knife, and a Kershaw 2420 that I have taken apart and adjusted the liner lock spring so that it provides enough tension on the blade to prevent it from being a gravity knife(in addition to keeping the blade screw tight).
 
Nice forum here.

WOWf250: When I first saw the Ken Onion I thought the same way. I asked more than one Houston PD officer what they thought. All said Good to go and don't worry about it. I've been carrying this Kershaw series for years now. I don't think us normal law abiding citizen's have much to worry about really on the gravity issue here in TX. (BTW, I think you'll be really happy with this knife. I have found it to be the best all around single blade knife I've ever owned. I prefer the conventional blade, though, having both models.)

tom19176: I am off to my first visit to NYC and feel naked without a pocket knife... so I ended up here after researching what is OK and what is not. I'll be taking my Kershaw, but not clipped visible at I would here in TX. Hopefully, I'll end up being treated like Croc Dundee if I need to use it for anything. :)
 
Keep your hair cut short, don't have any visible tattoos or piercings, walk upright and attentively, and dress plainly though not slovenly -- you shouldn't have any trouble with the police carrying a large folder.
 
Juat make sure you have one with under a four inch blade, and keep the pivot screw tight. The chances of anyone evening knowing you have it are slim. Good Luck with your visit !!!!!!
 
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