Part of this case answers the question: What is a Switchblade Knife? Under section 46.05 of the Texas Penal Code a switchblade knife is a prohibited weapon. “Switchblade knife” is defined in section 46.01(11) as any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that either opens automatically by applying pressure to a button/device, or opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.
Knife is defined in section 46.01(7) and says it is any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instruments. Now the question is, does a switchblade knife have to meet the definition of “knife”. In other words, does a switchblade knife have to be capable of inflicting serious bodily injury or death in order to be a prohibited weapon?
This is a first impression case in the State of Texas, and the court finds that the definition of “switchblade knife” includes the word “knife,” and the “knife” definition must be incorporated into the definition of “switchblade knife”. The court holds that a switchblade knife must be capable of inflicting serious bodily injury or death in order to be a “switchblade knife” and a “prohibited weapon”.
Building off of this decision, it can be inferred that not only does the definition of “knife” have to be included in “switchblade knife”, but the definition of “illegal knife” (which states it must be over five and one-half inches) must be included as well.
In the past, criminal defendants have been convicted of possession of a prohibited weapon for having a knife that simply meets the definition of a “switchblade knife”. With this court decision the burden is harder on the prosecution. Now not only does the weapon have to meet the switchblade definition, but also the “knife” and “illegal knife” definitions as well. This decision could essentially make switchblade knifes with blades smaller than five and one half inches legal.
David Breston is a Harris County criminal attorney. If you need a Houston illegal weapons defense lawyer, call David Breston at 713 224 4040.
