Question on Defensive knife laws

[srothstein]

My interpretation of the Leatherman would be that it is legal because of the handle design. The ordinance says that the locking device must make it effectively a fixed blade and i don't think the leatherman can meet that part of the law.

But some of the other officers might take it to mean any locking device. The best I can do is say that the law was never enforced against most people, just when some other trouble happened. Even the cases I was aware of started with other troubles (like disorderly conduct) and this was just the easiest case to prove.

[DONT TREAD ON ME]

My interpretation of the Leatherman would be that it is legal because of the handle design. The ordinance says that the locking device must make it effectively a fixed blade and i don't think the leatherman can meet that part of the law.

But some of the other officers might take it to mean any locking device. The best I can do is say that the law was never enforced against most people, just when some other trouble happened. Even the cases I was aware of started with other troubles (like disorderly conduct) and this was just the easiest case to prove.

Ok, so how can they call a knife that folds and locks a fixed blade knife? It isn't. It's a lock blade. A fixed blade knife is one that does not fold or slide.

[Heartland Patriot]

My interpretation of the Leatherman would be that it is legal because of the handle design. The ordinance says that the locking device must make it effectively a fixed blade and i don't think the leatherman can meet that part of the law.

But some of the other officers might take it to mean any locking device. The best I can do is say that the law was never enforced against most people, just when some other trouble happened. Even the cases I was aware of started with other troubles (like disorderly conduct) and this was just the easiest case to prove.

So this law is basically something in the officer/DA "toolbox" to give them something else to make other charges "stick"? As much as I can understand what they are trying to do, I don't like it because those laws are unevenly enforced...and not always effectively used against the REAL bad guys.

[johnson0317]

This all makes no sense. I hate to say it, but it needs to be taken up in the legislature. The risk I run, if I go to SA, is that I could get busted for my EDC assisted-opening, locked blade, that I am allowed to carry in Tyler. By getting in trouble for that knife, I would also put my CHL in danger of revocation.

I guess the solution is to carry another ammo mag where the knife used to go.

[nakedbike]

So could I carry my knife http://www.walmart.com/ip/Gerber-Parafr ... e/16523858" onclick="window.open(this.href);return false; in SA? It seems silly to forbid such a common item that can be purchased at any store with a reasonable bait-n-tackle section.

[DONT TREAD ON ME]

So could I carry my knife http://www.walmart.com/ip/Gerber-Parafr ... e/16523858" onclick="window.open(this.href);return false; in SA? It seems silly to forbid such a common item that can be purchased at any store with a reasonable bait-n-tackle section.

nope it's under 5.5" and locks.

[MasterOfNone]

I believe Wayne is talking about the section below.

§ 1.08. PREEMPTION. No governmental subdivision or agency may enact or enforce a law that makes any conduct covered by this code an offense subject to a criminal penalty. This section shall apply only as long as the law governing the conduct proscribed by this code is legally enforceable.

If he is, then he is misapplying this section. This would stop San Antonio from making knives longer than 5.5 inches illegal or legal, since there is a state law on it. but there is no state law governing the behavior of carrying a lock blade knife with a blade under 5.5 inches. So San Antonio can make that behavior illegal if they so desire.

How is this different from regulating a CHL holder carrying? Though 46.15 makes 46.02 not apply to a licensee, there is no statute specifically authorizing a licensee to carry a concealed handgun. There is simply a lack of prohibition. What am I missing?

[RoyGBiv]

Another good link..
http://pweb.netcom.com/~brlevine/sta-law.htm" onclick="window.open(this.href);return false;

Includes all 50 States.

[nakedbike]

So could I carry my knife http://www.walmart.com/ip/Gerber-Parafr ... e/16523858" onclick="window.open(this.href);return false; in SA? It seems silly to forbid such a common item that can be purchased at any store with a reasonable bait-n-tackle section.

nope it's under 5.5" and locks.

Ah thanks. Guess I won't be riding through there when I get a chance to visit the other side of Texas.