TexasCHLforum.com

The San Antonio Court of Appeals decision declaring an assisted-opening knife may meet the TPC definition of a switchblade knife could have a direct impact on many CHL holders who carry a folding knife as a backup means of defense. The decision ignored the classic federal and multi-state language test of the definition of a switchblade, i.e. the presence of an activating button on the handle, and chose to focus instead on centrifugal force as the determining criteria. The concern is that the opinion might be considered persuasive in knife cases across the state and not only target the assisted-opener but extend to virtually any one-handed opener such as the thumb studded or thumb hole opener being declared an illegal knife. This could result in FELONY charge against a CHL holder who left his pistol behind but carried a folding knife in his pocket while in any place a weapon is prohibited, (PC 46.03.).

There are two bills in the legislature to correct the problem. SB 2411, authored by Sen. Bob Deull, and HB 4456, authored by Rep. Joe Driver, both, "Relating to the definition of a switchblade knife for the purpose of the offense of prohibited weapons," should resolve the issue if allowed to pass.

Because of the possible impact on holders of a CHL, I urge members of this forum to indicate their support for these bills to their Senators and Representatives.