View Single Post
Old December 30th, 2008, 12:05 AM   #44
DMShearer
New Member
 
Join Date: Dec 2008
Location: TX
Posts: 2
DMShearer
Assisted Openers Are Illegal In Texas

Citing statutes is a great start, until a court interprets that statute in a manner contrary to your interpretation.

In Thomas v State, 2007 Westlaw 4403585, Texas' 4th Court of Appeals upheld the lower court's decision, which held that an assisted opening knife was an illegal switchblade, interpreting the Texas penal Code. The case originated out of Floresville, on a school campus. Texas' 4th Court of Appeals presides over 32 counties, not just the city of San Antonio.

The decision could be cited as precedent elsewhere in Texas (I don't practice state criminal law).

The case made the cover of the August 2008 issue of Blade Magazine (see pages 10 and 52-53). The American Knife and Tool Institute (ATKI) has hired a lobbyist in an attempt to change the law.

As noted elsewhere, you may be better off with a Surefire flashlight with a crennelated strike bezel (until those, too, are outlawed). OC or a Strider DB may be viable alternatives/additions to your EDC, just be sure to check the CURRENT law and campus regulations 1st.

Regards, your fellow San Antonian

DMS
DMShearer is offline   Reply With Quote