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Au contraire mon frère. A redundant law makes no sense. A law that closes a loophole (in their eyes) would make complete sense from their perspective.speedsix wrote:...I'll bet that's a misprint, but there it is...I think what they meant to say was no knife that locks open OVER 5.5"...that would make sense...but as it is, it makes no sense...but is the law...
Again, how does that fare with state preemption? If cities are not permitted to be more restrictive than the state on hadgun laws, does that preemption not apply to knives too?strider67 wrote:I believe Chorpus Christi, like San Antonio, also has a city law that you may not carry a knife with a blade longer than 3". Not 100% sure on the details, however.
Now for you all with the assisted open knives. How do you legally carry those?Sec. 21-17. Certain knives prohibited generally; exceptions; penalty for violation.
It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5 1/2) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.
The above prohibition set forth in subsection (a) shall not be applicable to a person carrying such a knife:
In the actual discharge of his duties as a peace officer, a member of the armed forces or national guard, or a guard employed by a penal institution;
On his own premises or premises under his control;
Traveling;
Engaged in lawful hunting, fishing or other lawful sporting activity; or
Using such a knife in connection with a lawful occupation, during such utilization.
(Code 1959, 26-28.1)
Cross references: Regulation of firearms and weapons, 21-151 et seq.; possession of a knife, 21-155.
TPC 46.01 wrote:...(11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath and that opens automatically by pressure applied to a button or other device located on the handle or opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force. The term does not include a knife that has a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife.
Knives aren't firearms.wgoforth wrote:Again, how does that fare with state preemption? If cities are not permitted to be more restrictive than the state on hadgun laws, does that preemption not apply to knives too?
I understand that, but I thought state preemption was on state penal code laws period. I was saying if we don't let them get away with further restriction on firearms, citing preemption, why do we on knives? Is there a limit on preemption?Ameer wrote:Knives aren't firearms.wgoforth wrote:Again, how does that fare with state preemption? If cities are not permitted to be more restrictive than the state on hadgun laws, does that preemption not apply to knives too?
Texas Penal Code wrote:§ 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.
The question is whether or not you can make it open with only a flick of the wrist. My assisted opening knives will not open unless I use the peg to start the assist "procedure". If you can not make it open simply by using centrifugal force it, then it is not a problem.DONT TREAD ON ME wrote: Now for you all with the assisted open knives. How do you legally carry those?
According to state law I cannot carry my favorite knife as I can fling it open with a snap of the wrist.
DONT TREAD ON ME wrote:According to state law I cannot carry a knife over 5.5". No problem there.
However, under SA ordinance I cannot carry a knife that is under 5.5" or with a locking mechanism that when opened makes it a fixed blade knife.
So what in the heck am I supposed to carry?
A 5.5" blade. Ok, got that but all knives these days have a locking mechanism of some sort. I cannot carry my favorite knife as it is 3.52" and has a locking mechanism. I cannot carry my very expensive Leatherman I just bought because it has a 2.8" blade also with a locking mechanism.
How can they get away with saying that a knife that has a locking mechanism when opened makes it a fixed blade? This is completely false.
Now for you all with the assisted open knives. How do you legally carry those?Sec. 21-17. Certain knives prohibited generally; exceptions; penalty for violation.
It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5 1/2) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.
The above prohibition set forth in subsection (a) shall not be applicable to a person carrying such a knife:
In the actual discharge of his duties as a peace officer, a member of the armed forces or national guard, or a guard employed by a penal institution;
On his own premises or premises under his control;
Traveling;
Engaged in lawful hunting, fishing or other lawful sporting activity; or
Using such a knife in connection with a lawful occupation, during such utilization.
(Code 1959, 26-28.1)
Cross references: Regulation of firearms and weapons, 21-151 et seq.; possession of a knife, 21-155.
According to state law I cannot carry my favorite knife as I can fling it open with a snap of the wrist.
TPC 46.01 wrote:...(11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath and that opens automatically by pressure applied to a button or other device located on the handle or opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force. The term does not include a knife that has a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife.
Yes, when I was on the force there, i know of several officers who wrote tickets enforcing that law. They considered it a tool to use agianst gang members, which I defined as people they did not like.AdioSS wrote:has anybody heard of or seen a case in San Antonio where this was enforced?
The solution is to carry a fixed blade there.
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.DONT TREAD ON ME wrote:I believe Wayne is talking about the section below.
Texas Penal Code wrote:§ 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.
Basically what SA is doing is trying to make us go unarmed and defenseless. It is ridiculous.srothstein wrote: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.DONT TREAD ON ME wrote:I believe Wayne is talking about the section below.
Texas Penal Code wrote:§ 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.