Sorry for the newbie question but.....

Sorry for the newbie question but.....

This is a discussion on Sorry for the newbie question but..... within the Defensive Knives & Other Weapons forums, part of the Defensive Carry Discussions category; I'm looking at an ad for Smith and Wesson "Auto Opening Knives." Aren't these just switchblades, and if so illegal?...

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Thread: Sorry for the newbie question but.....

  1. #1
    New Member Array keitht's Avatar
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    Sorry for the newbie question but.....

    I'm looking at an ad for Smith and Wesson "Auto Opening Knives."
    Aren't these just switchblades, and if so illegal?


  2. #2
    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by keitht View Post
    I'm looking at an ad for Smith and Wesson "Auto Opening Knives."
    Aren't these just switchblades, and if so illegal?
    It depends on your individual state laws. In some states autos are legal, in some they are not.
    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

    Theodore Roosevelt

  3. #3
    Member Array J Bowen's Avatar
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    Get a SOG assissted opening instead if you are planning on buying
    a knife. I have owned a few S&W knives and they
    just didnt hold up if used not sure about their auto knives though.
    Most experts will tell you a regular opening knife or the assissted opening
    knife opens just as fast if not faster than the autos. Just lacks the coolness
    factor.

  4. #4
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    Missouri - 2004 Knife Laws

    You need to contact your State Attny General and request an updated copy of your state knife laws.

    Looks like you're out of luck for Missouri. No Can Do for carry.

    Missouri - Chapter 571, Weapons Offenses [excerpts].


    - 571.010. Definitions...

    (10) "Knife" means any dagger, dirk, stiletto, or bladed hand instrument that is readily capable of inflicting serious physical injury or death by cutting or stabbing a person. For purposes of this chapter, "knife" does not include any ordinary pocketknife with no blade more than four inches in length;

    (11) "Knuckles" means any instrument that consists of finger rings or guards made of a hard substance that is designed or adapted for the purpose of inflicting serious physical injury or death by striking a person with a fist enclosed in the knuckles;

    (18) "Switchblade knife" means any knife which has a blade that folds or closes into the handle or sheath, and
    (a) That opens automatically by pressure applied to a button or other device located on the handle; or
    (b) That opens or releases from the handle or sheath by the force of gravity or by the application of centrifugal force.




    - 571.020...

    1. A person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells:


    (7) A switchblade knife;

    (9) Knuckles.

    2. A person does not commit a crime pursuant to this section if his conduct:

    (1) Was incident to the performance of official duty by the armed forces, national guard, a governmental law enforcement agency, or a penal institution; or
    (2) Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subdivision (1) of this section; or...
    (4) Was incident to displaying the weapon in a public museum or exhibition; or

    (5) Was incident to dealing with the weapon solely as a curio, ornament, or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance;

    3. A crime pursuant to... subdivision (7), (8) or (9) of subsection 1 of this section is a class A misdemeanor.

    (L. 1981 H.B. 296, A.L. 2002 S.B. 712)



    - 571.030.
    1. A person commits the crime of unlawful use of weapons if he or she knowingly:

    (1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or...

    (4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

    8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof; or...

    (10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.

    2. Subdivisions (1), (3), (4), (6), (7), (8), (9) and (10) of subsection 1 of this section shall not apply to or affect any of the following: [law enforcement, military, judges, carry permit holders, etc. This exemption applies only to 571.030, not to 571.020]




    Chapter 160 - Schools--General Provisions

    160.261. 1. The local board of education of each school district shall clearly establish a written policy of discipline... 2... The policy shall at a minimum require school administrators to report, as soon as reasonably practical, to the appropriate law enforcement agency any of the following felonies, or any act which if committed by an adult would be one of the following felonies:

    (19) The possession of a weapon under chapter 571, RSMo;

    6. For the purpose of this section, the term "weapon" shall mean a firearm as defined under 18 U.S.C. 921 and the following items, as defined in section 571.010, RSMo: a blackjack, a concealable firearm, an explosive weapon, a firearm, a firearm silencer, a gas gun, a knife, knuckles, a machine gun, a projectile weapon, a rifle, a shotgun, a spring gun or a switchblade knife; except that this section shall not be construed to prohibit a school board from adopting a policy to allow a Civil War reenactor to carry a Civil War era weapon on school property for educational purposes so long as the firearm is unloaded. The local board of education shall define weapon in the discipline policy. Such definition shall include the weapons defined in this subsection but may also include other weapons.
    Liberty Over Tyranny Μολὼν λαβέ

  5. #5
    Senior Member Array Jackle1886's Avatar
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    May I just suggest getting a Spyderco Delica. The thumbhole is VERY FAST to open and under 3" is legal just about in every state.
    Better to die on your feet, than to live on your knees.

  6. #6
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    It seems like so many of these states just copy a lot of this law from a template. So many places that knuckles are illegal. like just flat illegal. I cant believe that anyone put any thought into making that decision when open carry is not only legal but you dont even need a license ( I support open carry and cant wait till we win the fight in Texas)

  7. #7
    New Member Array keitht's Avatar
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    Would having a concealed carry permit change what you can have?

  8. #8
    VIP Member Array shooterX's Avatar
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    Quote Originally Posted by David in FL View Post
    It depends on your individual state laws. In some states autos are legal, in some they are not.
    +1

  9. #9
    VIP Member Array KenpoTex's Avatar
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    Quote Originally Posted by keitht View Post
    Would having a concealed carry permit change what you can have?
    In Missouri you cannot carry an automatic/switchblade (unless you're a LEO) regardless of whether or not you have a CCW .

    Assisted openers, etc. as well as fixed-blades are fine.

    That said, you don't want a S&W knife anyway...
    "Being a predator isn't always comfortable but the only other option is to be prey. That is not an acceptable option." ~Phil Messina

    If you carry in Condition 3, you have two empty chambers. One in the weapon...the other between your ears.

    Matt K.

  10. #10
    New Member Array keitht's Avatar
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    Many of times I have walked around in public with a sheath knife with a blade considerably longer than 4 inches.

    And I'll stay away from the S&W knives.

  11. #11
    Member Array Knapper's Avatar
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    Yes, know your state laws!

    For example, in Florida, my CCP allows me to carry any concealed weapon. Even though this license is good in many other states, most of them only allow me to carry pistol, even though my license says 'concealed weapon or firearm license." State laws trump when I travel.

    In Florida, I can carry a legal sized shotgun under my coat if I wanted to, five pistols and auto load knives. Once I leave here, need to just carry the pistol. And I need to be sure the state I travel to does not outlaw my weapon or magazine capacity.

    And, get a Gerber. :)
    I'm an artist, and if you give me a tuba I'll bring something out of it.
    - John Lennon

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