Sweet Potato Pie and hush my mouth

[Mtber1172]

That has no bearing on the state law over riding the federal law specific to auto knives.

Technically, no state law can overrule a Federal Law. However, as in the case of marijuana, individuals are at risk of being federally prosecuted.

That being said, find me one single instance in Georgia where anyone has been prosecuted for carrying an auto knife.

 

[Ken Ford]

If you look at the federal statute, you will see the exception for knives that have a lock mechanism, I am on my phone so I will not cut and paste.
Basically the knives that are federally prohibited spring ALL the way open. Modern autos are really "assisted" that means that a spring starts the process and f nothing gets in the way It will open, but if anything gets in the way it will not keep going.
This is how "Stilettos" and "switchblades" are sold today.
Autos are not switch blades and are legal under federal law.

BTW State law NEVER trumps federal law.

 

[WC1911guy]

Well, this has been an interesting discussion. I'm still not convinced that if push came to shove the carrier of the auto knife would be able to avoid an arrest for carrying it. You might beat it in court but that's a cost I'm not willing to risk. There appears to be some grey area around the issue so I'll just modify my original statement to carry at your own risk and leave it at that. I've enjoyed the thought provoking distraction from the madness currently going on. ODT is awesome.

 

[Dana Safety Supply]

If it's automatic open via a button release it's a Federal crime to have it and the State permit doesn't change that fact. Only LEO and active military may possess auto open knives legally.

Incorrect in Ga

 

[geerod]

gapacking.org Knife - A cutting instrument designed for the purpose of offense and defense consisting of a blade that is greater than five inches in length which is fastened to a handle (designed for offense and defense means that something like a filet knife would not be included). (16-11-125.1)

 

[GAGunguy]

If you look at the federal statute, you will see the exception for knives that have a lock mechanism, I am on my phone so I will not cut and paste.
Basically the knives that are federally prohibited spring ALL the way open. Modern autos are really "assisted" that means that a spring starts the process and f nothing gets in the way It will open, but if anything gets in the way it will not keep going.
This is how "Stilettos" and "switchblades" are sold today.
Autos are not switch blades and are legal under federal law.

BTW State law NEVER trumps federal law.

How does Microtech get away with selling their auto OTF knives? They spring all the way open. You can buy and OTF (out the front) Microtech clone on Amazon. The seller says he wont ship to NY or IL.

I was under the impression that this is legal to own and carry a Mircotech OTF in GA, and the only prohibition that I can find is the posted on interstate transport, and federal lands.

 

[Tex06]

If you look at the federal statute, you will see the exception for knives that have a lock mechanism, I am on my phone so I will not cut and paste.
Basically the knives that are federally prohibited spring ALL the way open. Modern autos are really "assisted" that means that a spring starts the process and f nothing gets in the way It will open, but if anything gets in the way it will not keep going.
This is how "Stilettos" and "switchblades" are sold today.
Autos are not switch blades and are legal under federal law.

BTW State law NEVER trumps federal law.

Here you go Ken. A true switchblade auto opens AND closes. They're fun to play with but pointless to own. As long as the blade locks open it's not technically a switchblade as I understand it. Think the James Bond shoe knife. Goes in and out without touching the blade, switchblade. Something you bought at a gun show, opens at a touch but you have to touch the blade to close it, not a switchblade.


Section 1244. Exceptions

Sections 1242 and 1243 of this title shall not apply to –
(1) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;
(2) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces;
(3) the Armed Forces or any member or employee thereof acting in the performance of his duty;
(4) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or
•a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand, wrist or arm to overcome the bias toward closure to assist in opening the knife.*

 

[navajocr]

How does Microtech get away with selling their auto OTF knives? They spring all the way open. You can buy and OTF (out the front) Microtech clone on Amazon. The seller says he wont ship to NY or IL.

I was under the impression that this is legal to own and carry a Mircotech OTF in GA, and the only prohibition that I can find is the posted on interstate transport, and federal lands.

Many gun stores sell these in GA. If they are illegal to carry, how does one get it from the store to their house legally? If it's illegal to own and carry, why are stores allowed to sell them?