History
A 2007 decision by the three-judge panel of the Texas 4th Appellate District has effectively put every
folding knife owned by Texans and Texas visitors in the “illegal” category. The judgment in Thomas v.
State 2007 WL 4403585 (Tex. App. San Antonio) convinced the AKTI Executive Committee that the court’s
blatant misapplication of the current Texas switchblade statute could jeopardize the vast majority of Texas
knife owners.
The 2007 Texas appellate decision in the Thomas case effectively puts assisted-openers, one-hand-
openers and virtually all folding knives in jeopardy in the 4th appellate district and ultimately the entire
state. The three-judge appellate panel ignored the very clear “button-on-the-handle” language of the
current statute and focused instead on a thumb stud on the blade of a knife owned by the defendant, as
well as the concept of centrifugal force.
Texas Largest U.S. Hunting and Fishing Market
Throughout its 11-year history, AKTI has supported penalties for knife use in the commission of a crime.
However, it opposes criminalizing everyday knife carry and ownership and blind-siding millions of
responsible knife owners with arbitrary and vague statutes and definitions. “Texas can’t continue to
market the state as a hunting and fishing destination, the largest in the country, then try to reserve the
right to make those people criminals for carrying a hunting or fishing knife,” David Kowalski said. The
AKTI Communications Coordinator added that “there are hundreds of models of folding knives used by
sportsmen who have been made de-facto criminals by the appellate court ruling.”
AKTI estimates there are 10.75 million sporting knife owners and users in Texas, including key groups
such as hunters and fishers, of which a significant percentage come from out of state. Texas currently
ranks #1 (with $6.228 billion in revenue) on the U.S. FWS 2006 National Survey of Fishing, Hunting and
Wildlife-Associated Recreation.
Sales of sporting knives in Texas are estimated at between $77.07 and $117.93 million annually. Of
these sales, 80 percent are estimated to be hundreds of models of assisted-openers and one-hand-
openers. These knives are commonly used by emergency personnel, construction workers, sportsmen
and sportswomen pursuing a wide range of recreational activities, and virtually everyone who gardens in
the state. (See Texas Knife Facts)
While current Texas knife law provides an exemption for hunting and fishing knives, the owner has to
prove their knife is “commonly used” for the hunting or fishing activity. If a judge decides that only straight
knives can be used to dress game or fillet a fish, if you use a folding knife for either activity, you are using
an “illegal” knife.
AKTI Lobbyist Optimistic
“I believe Texas lawmakers are ready to look at their definition of ‘illegal’ knife,” Mark Seale told the AKTI
Executive Committee on a conference call on October 29. The current Texas statute bans several
categories of knives that either cannot be defined or have highly ambiguous and arbitrary definitions.
Seale was chosen to represent AKTI in Texas from among five lobbyist candidates interviewed on
October 14.
Seale has been asked by the AKTI Executive Committee to present “intent” language in a proposed new
law. The neighboring states of Idaho and Wyoming, for example, have recognized that when millions of
state residents regularly carry knives, to force them to prove they have them for lawful reasons is a huge
obstacle for the typical defendant. As anyone who has been charged with a crime can tell you, it costs
thousands of dollars to prove your innocence. To put the burden of proof of intent on the knife owner
effectively makes them guilty until they can prove they are innocent. Prosecutors, of course, typically do not
want an intent defense in a statute because it makes their jobs harder.
Lobbyist Seale has already had preliminary discussions with staffers of key lawmakers (as we go to
press in early November, 2008). He indicated that while “intent” language as proposed by AKTI may not
be properly inserted in the main body of the Texas definition of illegal knives, discussions with key law
enforcement groups might open the door to add owner “intent” to one of several “exemption” clauses in
the statute.
Bill To Protect Folding Knives
AKTI Board members stressed that the key provision of the statute that must be presented to lawmakers
was a clarification of the switchblade definition, in particular section 11(B). AKTI’s proposed change to 11
(B) is a reiteration of its switchblade definition adopted on August 31, 2005 by a vote of the AKTI Executive
Committee and published in “AKTI Approved Knife Definitions.” It mirrors the California exemption
language that AKTI achieved in 2000 in their 653k statute.
AKTI proposals to change Texas law would have to clear any hurdles put up by the Texas Department of
Public Safety. “The department is in the middle of naming a new colonel from among three likely
candidates,” Seale told the AKTI Executive Committee. “Once that decision is made, I will make a formal
request for a meeting to explain our concerns.”
Seale speculated that Democratic victories in some districts in the November 4 election could affect the
chairmanships of key committees in the Texas legislature. Once the 2009 session opens in January,
those positions would be clarified and Seale would finalize bill sponsorship.
The AKTI Communications Coordinator will begin to issue weekly and/or bi-weekly reports on the status
of the Texas effort. Those reports will go to AKTI members and Grassroots Supporters via email and be
posted on the AKTI website, as well as on the four major knife-related internet forums.
In prior years AKTI has successfully introduced legislation in four states (California, Florida, Arkansas
and South Carolina) that has saved knife ownership and use for an estimated 25 million responsible U.
S. citizens.
Your support is needed to fund this effort on behalf of virtually every knife owner in Texas and every
supplier of knives to the Texas market.
AKTI Introduced Bills
A 2007 decision by the three-judge panel of the Texas 4th Appellate District has effectively put every
folding knife owned by Texans and Texas visitors in the “illegal” category. The judgment in Thomas v.
State 2007 WL 4403585 (Tex. App. San Antonio) convinced the AKTI Executive Committee that the court’s
blatant misapplication of the current Texas switchblade statute could jeopardize the vast majority of Texas
knife owners.
The 2007 Texas appellate decision in the Thomas case effectively puts assisted-openers, one-hand-
openers and virtually all folding knives in jeopardy in the 4th appellate district and ultimately the entire
state. The three-judge appellate panel ignored the very clear “button-on-the-handle” language of the
current statute and focused instead on a thumb stud on the blade of a knife owned by the defendant, as
well as the concept of centrifugal force.
Texas Largest U.S. Hunting and Fishing Market
Throughout its 11-year history, AKTI has supported penalties for knife use in the commission of a crime.
However, it opposes criminalizing everyday knife carry and ownership and blind-siding millions of
responsible knife owners with arbitrary and vague statutes and definitions. “Texas can’t continue to
market the state as a hunting and fishing destination, the largest in the country, then try to reserve the
right to make those people criminals for carrying a hunting or fishing knife,” David Kowalski said. The
AKTI Communications Coordinator added that “there are hundreds of models of folding knives used by
sportsmen who have been made de-facto criminals by the appellate court ruling.”
AKTI estimates there are 10.75 million sporting knife owners and users in Texas, including key groups
such as hunters and fishers, of which a significant percentage come from out of state. Texas currently
ranks #1 (with $6.228 billion in revenue) on the U.S. FWS 2006 National Survey of Fishing, Hunting and
Wildlife-Associated Recreation.
Sales of sporting knives in Texas are estimated at between $77.07 and $117.93 million annually. Of
these sales, 80 percent are estimated to be hundreds of models of assisted-openers and one-hand-
openers. These knives are commonly used by emergency personnel, construction workers, sportsmen
and sportswomen pursuing a wide range of recreational activities, and virtually everyone who gardens in
the state. (See Texas Knife Facts)
While current Texas knife law provides an exemption for hunting and fishing knives, the owner has to
prove their knife is “commonly used” for the hunting or fishing activity. If a judge decides that only straight
knives can be used to dress game or fillet a fish, if you use a folding knife for either activity, you are using
an “illegal” knife.
AKTI Lobbyist Optimistic
“I believe Texas lawmakers are ready to look at their definition of ‘illegal’ knife,” Mark Seale told the AKTI
Executive Committee on a conference call on October 29. The current Texas statute bans several
categories of knives that either cannot be defined or have highly ambiguous and arbitrary definitions.
Seale was chosen to represent AKTI in Texas from among five lobbyist candidates interviewed on
October 14.
Seale has been asked by the AKTI Executive Committee to present “intent” language in a proposed new
law. The neighboring states of Idaho and Wyoming, for example, have recognized that when millions of
state residents regularly carry knives, to force them to prove they have them for lawful reasons is a huge
obstacle for the typical defendant. As anyone who has been charged with a crime can tell you, it costs
thousands of dollars to prove your innocence. To put the burden of proof of intent on the knife owner
effectively makes them guilty until they can prove they are innocent. Prosecutors, of course, typically do not
want an intent defense in a statute because it makes their jobs harder.
Lobbyist Seale has already had preliminary discussions with staffers of key lawmakers (as we go to
press in early November, 2008). He indicated that while “intent” language as proposed by AKTI may not
be properly inserted in the main body of the Texas definition of illegal knives, discussions with key law
enforcement groups might open the door to add owner “intent” to one of several “exemption” clauses in
the statute.
Bill To Protect Folding Knives
AKTI Board members stressed that the key provision of the statute that must be presented to lawmakers
was a clarification of the switchblade definition, in particular section 11(B). AKTI’s proposed change to 11
(B) is a reiteration of its switchblade definition adopted on August 31, 2005 by a vote of the AKTI Executive
Committee and published in “AKTI Approved Knife Definitions.” It mirrors the California exemption
language that AKTI achieved in 2000 in their 653k statute.
AKTI proposals to change Texas law would have to clear any hurdles put up by the Texas Department of
Public Safety. “The department is in the middle of naming a new colonel from among three likely
candidates,” Seale told the AKTI Executive Committee. “Once that decision is made, I will make a formal
request for a meeting to explain our concerns.”
Seale speculated that Democratic victories in some districts in the November 4 election could affect the
chairmanships of key committees in the Texas legislature. Once the 2009 session opens in January,
those positions would be clarified and Seale would finalize bill sponsorship.
The AKTI Communications Coordinator will begin to issue weekly and/or bi-weekly reports on the status
of the Texas effort. Those reports will go to AKTI members and Grassroots Supporters via email and be
posted on the AKTI website, as well as on the four major knife-related internet forums.
In prior years AKTI has successfully introduced legislation in four states (California, Florida, Arkansas
and South Carolina) that has saved knife ownership and use for an estimated 25 million responsible U.
S. citizens.
Your support is needed to fund this effort on behalf of virtually every knife owner in Texas and every
supplier of knives to the Texas market.
AKTI Introduced Bills
 |  |  |  |  |  |
American Knife & Tool Institute
| AKTI Goes to Texas |
The 2007 Texas
appellate decision in the
Thomas case effectively
puts assisted-openers,
one-hand-openers and
virtually all folding
knives in jeopardy.
appellate decision in the
Thomas case effectively
puts assisted-openers,
one-hand-openers and
virtually all folding
knives in jeopardy.
The three-judge
appellate panel ignored
the very clear “button-
on-the-handle”
language of the current
statute and focused
instead on a thumb
stud on the blade.
appellate panel ignored
the very clear “button-
on-the-handle”
language of the current
statute and focused
instead on a thumb
stud on the blade.
Texas can’t continue to
market the state as a
hunting and fishing
destination, the largest
in the country, then try
to reserve the right to
make those people
criminals for carrying a
hunting or fishing knife.
market the state as a
hunting and fishing
destination, the largest
in the country, then try
to reserve the right to
make those people
criminals for carrying a
hunting or fishing knife.
To put the burden of
proof of intent on the
knife owner
effectively makes
them guilty until they
can prove they are
innocent.
proof of intent on the
knife owner
effectively makes
them guilty until they
can prove they are
innocent.
November 1, 2008