How Likely Am I To Get Away With This?

jcris25

New Member
So I live in Shelby County Tennessee. I am really in to stilettos and try to keep one on me at all times that is no longer than 4 inches which is the max legal length for my state. Here is my hangup on the law. First, it seems to be very hard to find law regarding knives in Shelby County Tennessee. I would look at State laws but those are basically void at this point from what I am gathering. Apparently even though you may have a state law, local law is what it boils down to. Here is the law that I can find for my area as of 2006. (actually I think this is state law) Anyways....(I can't find anything about my county laws)

(14) "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

So I use spring assist. How likely would I be to convince an office on the scene about the spring and that it does't open up automattically just at about 45 degree angle until the spring kicks in? Also, I guess I don't need one that says stiletto on it since stiletto is also mentioned in a part of the law I didn't post. I didn't not post anything that was not relavent. Thanks guys.
 
All I can say is,:biggrin:
Time will tell and let us know how it works out?

All wise guy stuff aside. Put the knife in a locked box and carry into your local police or Sheriff station and ask to speak to the desk Sergeant.
Sir, can I legally carry this knife on my person in town? I use it at work to open boxes and eat my apples with it and stuff.

Laurence

www.rhinoknives.com
 
check out

Check out:
www.KnifeRights.org

This year Tennessee enacted the Local Law Pre-emption that says that local laws can not pass laws or ordinances that are more restrictive than the state law. This alleviates just the issues you mention. Unfortunately the bill was amended to delete the revocation of the Switch ban but Knife Rights will bring that issue back up next year. You might e-mail dritter@KnifeRights.org
to ask specific questions.



 
If you ask the police as suggested, they will not really know, but they will never admit that.

They will just tell you "No"

Ask a judge, or lawyer, or agency.

The Canadian law is worded the same as the lines you have listed above, but someone has posted a letter of ruling from the Canada Customs agency that shows it is permitted.



As an aside, I have assisted too, but the manual thumbstud knives I have are faster.
 
I am not a lawyer but I have seen one on TV and know Wayne Coe (esq - retired)

I love auto knives. I carry one or a spring assist nearly all the time so I have followed this over the years. (It's legal in Minnesota)

I'd guess you could easily be prosecuted for a spring assist knife as a switchblade with the wording in the law as you wrote it. You might also be able to defend against conviction but it would be expensive and probably a long shot to win. I'd also say the chances of you being arrested and convicted just on that knife charge would be slim. Confiscated easily but just prosecuting a sole charge like that would be a waste of limited court and prosecuting attorney resources. It would easily be an add on charge for something like assault, deadly weapon, etc. If you give a cop an attitude, they could decide to charge you with the knife charge because they can. An exposed pocket clip on a knife has given more than one cop grounds for searching/confiscating/charging. From what I have read, spring assist knives are routinely defined in many (most?) courts as a spring activated knife with only a few "wins" that it doesn't fall into the definition of a traditional switchblade.

I also have talked to many cops about this. It's really a varied and a personal experience/decision thing with each cop. If a cop has a knife collection and specific experience and knowledge of the difference between a traditional button switchblade and a spring assisted opener, they will probably not add on a switchblade charge. If a non-knife guy cop just finds a knife, tries to open it and it pops on him when he opens it with the spring assist, you are going to get charged - probably. Every cop I have talked to about knife carry only worry about carry charges if the knife is used as a weapon but that is all midwest USA mentality where I am located. I've not had any chance to talk about it to urban New York or L.A. type LEO's.
 
Unless I'm mistaken (and I very well may be, as these laws and their respective amendments, alterations, definitions, etc... are becoming increasingly harder to keep up with), I believe that on the "federal" level, assisted openers have been legally defined as seperate and different from a switchblade. IIRC, it has more to do with the opening "mechanism" being on the blade (thumb stud, hole, etc...) rather than on the handle itself.

One question you might ask is this: "Are assisted openers available at my local walmart?"

If so, there's a good chance they are legal to carry in your area.

All that being said, when assisted openers first started becoming widely available and popular, I thought they were the coolest thing and just had to have one.
Then I realized that they really weren't all that faster or easier to open then many of my other "one hand opening" knives. Usually all it takes is a flick of the thumb or wrist, and the blades on most of my knives (assisted or not) pop open quite readily.
Since the advent of bearing systems, "waved" blades, and "flipper" style knives, it's become even easier and just as quick (if not arguably quicker) to have a blade out and ready to cut, than if you had a switchblade or an assited opener.

Just something to keep in mind I suppose.

I'd also wonder how often (or what situation might require) you are stopped and searched/questioned by a police officer. ;)
Usually if you're calm, collected, and respectful, they won't make up a reason to confiscate a knife or write you up for it.
 
Don't forget about New York City charging Home Depot and just about anyone else selling knives for selling "Illegal Knives" even claiming that a folding box opener as a "gravity knife" because after 3 attempts the cop was finally able to flip it open. When you talk about wave blades or flippers they fall under the cop's definition of a gravity knife.
 
Don't forget about New York City charging Home Depot and just about anyone else selling knives for selling "Illegal Knives" even claiming that a folding box opener as a "gravity knife" because after 3 attempts the cop was finally able to flip it open. When you talk about wave blades or flippers they fall under the cop's definition of a gravity knife.

I suppose that's true, although it currently in process of being contested in a lawsuit. I would also imagine that Tennessee is not nearly as liberal as NYC when it comes to these matters, but at the end of the day, it seems that everything is open to interpretation until directly decided upon in a court.

In the OP's case, you could probably ask 10 different police officers, lawyers and/or judges and get 10 different answers, depending on their affinity and/or familiarity with knives (if any) in the first place.

In general, almost any "locking" folder can be persuaded open with the flick of a wrist, unless you really tighten down the pivot screw, presuming it has one. If the knife has a thumb hole, disc, or stud, it's even easier.
 
Andrew:

In the OP's case, you could probably ask 10 different police officers, lawyers and/or judges and get 10 different answers, depending on their affinity and/or familiarity with knives (if any) in the first place.

In my experience you will probably get about 15 different answers.
 
I live in Madison co.,,not far from you,,Did the state of Tn. recently "SAY" if you have your CCP you can carry a auto opening or "switchblade"??Ive not checked on this,,Has anyone in tn.??
 
Andrew:

In the OP's case, you could probably ask 10 different police officers, lawyers and/or judges and get 10 different answers, depending on their affinity and/or familiarity with knives (if any) in the first place.

In my experience you will probably get about 15 different answers.

Wayne does have some true points here.
I use to work in retail, in the firearm industry here in California and not only were the police a big source of mis information but calling the DOJ and asking them to clarify some law regarding the sale of a firearm could be a real rollercoaster of different information.

Laurence

www.rhinoknives.com
 
Just my opinion, but I think it would have a lot to do with the disposition of the Officer. If they are uneducated on the facts, the path of least resistance is to write the ticket and confiscate the knife, and let higher up make the decision.

God Bless
Mike
 
"button or other device in the handle"

If the opening mechanism is applying pressure to a part of the blade, then their law does not apply.

Seriously. Just read these things.
 
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