Recently, someone came into the Courthouse with an "Assisted Opening Knife". Bailiffs asked whether it qualified as a Switchblade. After seeing the "operation", I was of the opinion that it met the definition of "switchblade". I then contacted the manager of the local "big box store" and told them about the situation because the knife had been purchased there. Shortly thereafter, I received a phone call from one company rep. and a call from a law firm representing a different knife company.
These knives are, for the most part, imported. The law firm sought an opinion from the Bureau of Customs and Border Security regarding the importation of these knives. The "Bureau" issued an opinion [HQ 116315] determining that these "assisted opening knives" do not meet the federal definition of switchblade (virtually identical to the Texas definition). 'Voila', millions in commerce is now OK. The argument that I received from the law firm is that the knife can be opened less than 10 degress without the spring mechanism "kicking in". If anyone out there can open one of these and keep the knife from opening more than 10 degress, you're superhuman. There is a secondary "device" on the knife that works much like a safety on a gun. If you see "red", the knife is ready to open. Once opened, it locks into place and the secondary device must be pressed again to close.
"Switchblade" or not? What are your thoughts?

Notice in 46.01(11)(A):

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

If the knife opens because of a stud or piece of the blade is used for leverage, the open assist knife does not meet the letter of the law.

The difference is where the spring engages and what part of the knife causes the spring to engage. On your standard switchblade, the spring is constantly in tension so that when the button is depressed, the blade begins opening immediately as a direct result of the pressure from the spring. The snapping open of the blade is designed to be intimidating and fierce.

In an open assist blade, there is a small attachment to the blade that allows a person to push on the blade either from an extension of the blade through the back of the handle or a small stud on the leading edge of the blade as it opens. By pressing against either of these spots, the blade opens under manual power until the spring tension snaps the blade through the remaining 170 degrees or more.

It's a subtle distinction for sure, but without a button on the handle, it's not a switchblade in Texas.

Example: Kershaw Knives / Open Assist

Not a switchblade. For sure.

Here are some former threads on this topic, as this issue has been discussed here before.

https://tdcaa.infopop.net/eve/forums?a=tpc&s=347098965&f=157098965&m=599106213&r=599106213#599106213

https://tdcaa.infopop.net/eve/forums?a=tpc&s=347098965&f=157098965&m=4873087317&r=4873087317#4873087317

https://tdcaa.infopop.net/eve/forums?a=tpc&s=347098965&f=157098965&m=681103482&r=681103482#681103482

And here's a few lyrics from the past by David Newell about a related subject, sung to the tune of "I'm just a gigelo" by David Lee Roth:

Just a curio
and everywhere I go
people know the knife I carry

I'll get a second chance
If by preponderance
I show the blade's uncanny

But I, ain't got no money
Nobody represents me
Won't some cheap lawyer come and take a chance for me?
'Cuz I ain't got bread.

[This message was edited by Greg Gilleland on 10-10-06 at .]

I agree. Not a switchblade. The Kershaw I have in my pocket opens by manipulating the blade with fingers, just like every other pocket knife. In this case, only one finger is required, and the blade has a stud fastened to it, but those features do not make it a switchblade.

It is extrememly handy. When clipped to a pocket, it allows me to position/pull taut whatever I need to cut with one hand, and then with my other hand get the knife out, open it, make the cut, fold the knife and put it away, all without having to reposition the object being cut, crawl out from a tight space to fish the knife out and open it and then crawl back in, etc.

Interestingly, a bill was filed in 1993 to repeal the switchblade law. I have often wondered if the bill was filed because the assisted opening knives are so close to a switchblade, that there is no meaningful distinction any more.
http://www.capitol.state.tx.us/Search/DocViewer.aspx?K2DocKey=odbc%3a%2f%2fTLO%2fTLO.dbo.vwArchBillDocs%2f78%2fR%2fH%2fB%2f00840%2f1%2fB%40TloArchBillDocs&QueryText=switchblade&HighlightType=1

I've always called that a one handed man knife. Just roll the blade open w/your thumb, and then when you need to close it, push the center lock lever over and close it by laying the back of the blade against your thigh.
I've seen knives at the Cabela's store not too long ago, that you could whip open w/a little centrifical (however you spell it) force that had a spring in that sped up the opening. At that time, they had a sign up saying you could only buy them if you were military or law enforcement. Don't know if that's the same kind, but they weren't the ones that had the little thumb knob at the lower part of the blade.

quote:

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Originally posted by Boyd Kennedy:
Interestingly, a bill was filed in 1993 to repeal the switchblade law. I have often wondered if the bill was filed because the assisted opening knives are so close to a switchblade, that there is no meaningful distinction any more.

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Just so prosecutors who don't know much about knives don't wonder about this one as well, but the knives like spyderco's that have the large hole in the blade to assist opening are, to me, the same as those with a knob or stud protruding from the side of the blade.

I think switchblades should be decriminalized. It reminds me of the story of why tomahawks are illegal. If you want to know that story you have to call me.

I have been prosecuting in Texas for the past 16 years. I don't think I have seen more than five cases involving switchblades in that time. I have seen lots more cases with sawed off shotguns and brass knuckles.

Interestingly, switchblades are widely available on the internet. I recall being somewhat surprised about 7 years ago when I discovered ebay and they were many switchblades for sale. Now they are prohibited, but it has been within the past two years or so when they were banned.

When I was a teen growing up in Houston, it was very common for kids to return from a summer vacation in South Padre with a smuggled switchblade from Matamoros. The black handled stiletto type was $5, and the more ornate handles and better mechanically were more expensive. They were for sale everywhere in Mexico border towns.

You can find all the switchblade knifes, butterfly knifes, and brass knuckles you want at your local gun show. There is a gun show at least once a month in the DFW area!