Are automatic knives legal to own in TN

We have 20,000+ laws and regulations to be concerned with - most in possible derivation of the Second Amendment

Moderators: SomeGuy, tjbert47

Are automatic knives legal to own in TN

Postby ThreeHeadedDog » Sun Jan 13, 2008 9:32 pm

Just curious as I think I read somewhere that automatic open(switchblade) knives were illigal to carry in TN. I had heard that in some states there were legal to own but not to carry, but wasnt sure if TN was one of them.
ThreeHeadedDog
 
Posts: 7
Joined: Sun Aug 06, 2006 11:46 am

Postby johnharris » Sun Jan 13, 2008 10:03 pm

You can own them (see 39-17-1301 to 39-17-1308). I know many law enforcement, EMTS, firemen and others who find the one hand automatics to be a reasonable compliment to their daily assortment of equipment.

The law says that you cannot carry them and there is no exception for law enforcement or others.
johnharris
Site Admin
 
Posts: 2167
Joined: Fri Jun 06, 2003 12:03 pm
Location: Nashville, Tennessee

Postby ThreeHeadedDog » Mon Jan 14, 2008 6:28 pm

I just read that but only see it saying that they are prohibited and basicly only allowed if police ect. I am just a lowly citizen with a carry permit.

On a side note I find it slightly degrading the way us lowly citizens are treated with respect to what we are considered "safe" to own. I am an avid shooter and probably shoot upwards of 50,000 rounds a year, yet I am looked down upon by society since "only police should have guns" of course it doesnt matter that many of them dont shoot more than 500 rounds a year. I also work in a factory where I have had to cut air/hydrolic lines in order to get a machine to release coworkers and I can say without reservation that the easier it is to deploy the happier the people are that I have had to do this for.

Sorry for the rant. If it is indeed legal for me to own could you maby specifically site the text that says so and explain. I admit to being unable to read lawer that well:)
ThreeHeadedDog
 
Posts: 7
Joined: Sun Aug 06, 2006 11:46 am

Postby bobsguns » Mon Jan 21, 2008 9:14 pm

"Collectors" are allowed to own automatic knives by state law.

As for threeheadeddog, there are plenty of "assisted opening" knives that aren't considered an automatic that you can carry. :wink:
bobsguns
 
Posts: 117
Joined: Tue May 08, 2007 8:36 pm

Postby johnharris » Wed Jan 23, 2008 9:12 am

The trick is the "collector" issue. I have several in my desk that I collected and use occasionally for speaking engagements and to open letters.
John Harris

Executive Director
Tennessee Firearms Association, Inc.
Attorney
johnharris
Site Admin
 
Posts: 2167
Joined: Fri Jun 06, 2003 12:03 pm
Location: Nashville, Tennessee

Re: Are automatic knives legal to own in TN

Postby redbarron06 » Sun Aug 10, 2008 2:45 pm

Just out of curiosity, what about members of the military. I have heard that military members are legal to have and use automatic knives when in uniform. I have one that I have carried for about 3 years now. The company that I bought it from would not ship to certain states (I assume that this is because some state like NY ban them completely). I know of at least one manufature that will ship directly to you if you can provide a copy of military/police ID.
Image
Member
Army Aviation Association of America http://www.quad-a.org/
National Rifle Association http://www.nra.org
Gun Owners of Americahttp://gunowners.org
Tennessee Firearms Association http://www.tfaonline.org
redbarron06
 
Posts: 335
Joined: Tue Jul 29, 2008 3:12 pm

Re: Are automatic knives legal to own in TN

Postby bobsguns » Sun Aug 10, 2008 4:51 pm

redbarron06 wrote:Just out of curiosity, what about members of the military. I have heard that military members are legal to have and use automatic knives when in uniform.



As I understand it, active duty military are allowed automatic knives. No clue on the "must be in uniform" part. As for shipping, I have ordered several thru the mail & they arrived at my home w/o any issues. Obviously TN isn't NY or CA..........
bobsguns
 
Posts: 117
Joined: Tue May 08, 2007 8:36 pm

Re: Are automatic knives legal to own in TN

Postby johnharris » Sun Aug 10, 2008 4:55 pm

The military defense is under Section (b)(1) but note that the defense may only apply if applicable military or law enforcement regulations address whether the individual may possess an automatic knife as part of their job duties or equipment.

39-17-1302. Prohibited weapons. —

(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

(1) An explosive or an explosive weapon;

(2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;

(3) A machine gun;

(4) A short-barrel rifle or shotgun;

(5) A firearm silencer;

(6) Hoax device;

(7) A switchblade knife or knuckles; or

(8) Any other implement for infliction of serious bodily injury or death that has no common lawful purpose.

(b) It is a defense to prosecution under this section that the person's conduct:

(1) Was incident to the performance of official duty and pursuant to military regulations in the army, navy, air force, coast guard or marine service of the United States or the Tennessee national guard, or was incident to the performance of official duty in a governmental law enforcement agency or a penal institution;

(2) Was incident to engaging in a lawful commercial or business transaction with an organization identified in subdivision (b)(1);

(3) Was incident to using an explosive or an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise;

(4) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance or scientific research;

(5) Was incident to displaying the weapon in a public museum or exhibition;

(6) Was licensed by the state of Tennessee as a manufacturer, importer or dealer in weapons; provided, that the manufacture, import, purchase, possession, sale or disposition of weapons is authorized and incident to carrying on the business for which licensed and is for scientific or research purposes or sale or disposition to an organization designated in subdivision (b)(1);

(7) Involved acquisition or possession of a sawed-off shotgun, sawed-off rifle, machine gun or firearm silencer that is validly registered to the person under federal law in the National Firearms Registration and Transfer Records. A person who acquires or possesses a firearm registered as required by this subdivision (b)(7) shall retain proof of registration; or

(8) Involved the manufacture and sale of an automatic knife; provided, that the sale of such knife was limited to:

(A) Retail establishments that represent in writing under oath before a notary public that they only sell the knives to law enforcement officers, military personnel and emergency medical technicians;

(B) Law enforcement officers;

(C) Military personnel; or

(D) Emergency medical technicians.

(c) It is an affirmative defense to prosecution under this section that the person must prove by a preponderance of the evidence that:


(1) The person's conduct was relative to dealing with the weapon solely as a curio, ornament or keepsake, and if the weapon is a type described in subdivisions (a)(1)-(5), that it was in a nonfunctioning condition and could not readily be made operable; or

(2) The possession was brief and occurred as a consequence of having found the weapon or taken it from an aggressor.

(d) (1) An offense under subdivision (a)(1) is a Class B felony.

(2) An offense under subdivisions (a)(2)-(5) is a Class E felony.

(3) An offense under subdivision (a)(6) is a Class C felony.

(4) An offense under subdivisions (a)(7)-(8) is a Class A misdemeanor.

[Acts 1989, ch. 591, § 1; 1990, ch. 1029, §§ 2, 11; 2001, ch. 375, §§ 3, 4; 2002, ch. 849, § 5; 2006, ch. 798, § 1.]
John Harris

Executive Director
Tennessee Firearms Association, Inc.
Attorney
johnharris
Site Admin
 
Posts: 2167
Joined: Fri Jun 06, 2003 12:03 pm
Location: Nashville, Tennessee

Re: Are automatic knives legal to own in TN

Postby medic1502 » Sat Jan 24, 2009 11:56 am

I carry a Benchmade auto opening knife. When I purchased it. the store required a copy of my work ID to sell it. According to them, they are legal for EMS, Fire, Law Enforcement, and active duty Military personnel. I don't know if they are correct, but tht's what they follow when selling them.
medic1502
 
Posts: 1
Joined: Sat Jan 24, 2009 11:49 am

Re: Are automatic knives legal to own in TN

Postby johnharris » Sat Jan 24, 2009 2:21 pm

See the above statute regarding EMT.
John Harris

Executive Director
Tennessee Firearms Association, Inc.
Attorney
johnharris
Site Admin
 
Posts: 2167
Joined: Fri Jun 06, 2003 12:03 pm
Location: Nashville, Tennessee


Return to Laws and Regulations

Who is online

Users browsing this forum: No registered users and 1 guest

cron