Assisted Opening Knives -- Are They Gray Area?

Well I'm still waiting for responses.

I sent an email to the Hennepin and Minneapolis attorney offices, and so far all i have received back was the Minneapolis attorneys office telling me they forwarded my original question to the Minneapolis Police Department and they would help me shortly. Still waiting on the Hennepin one though which is more relevant.

I took the time to just call the Brooklyn Park Police station today and talked to a very helpful Officer. He told me that Brooklyn parks ordinances were very similar to Minnesota law, and asked if i looked at that. I said i have, but told him that the city law includes additional language like "switch blade knife, spring blade knife, push button knife"s and that i didn't know how they were defined. He also was not sure so he put me on hold to do a quick look up.

Upon coming back he told me that "switchblade" is not defined directly and that he was unsure of the Federal laws language but, but in his opinion, switchblades did not include assisted openers. He then told me that the same went for a spring blade, thinking it as a semi synonymous with switch blade.

However, he then continued on and confessed he had no idea what the law makers intended when they say "Push button knife" and told me that that could include box cutters if interpreted literally. "What do you consider a button? Is a thumb stud a button? Im not sure what the lawmakers had in mind" The officer told me that he personally would not call an assisted open a "push button knife" (or any other banned knife) but that its open for interpretation. He suggested that i ask at a city counsel meeting "just to be sure".

While not the concrete answer i was looking for, I appreciated his genuineness and taking time to help

The quest continues.
 
Being from MN, I've also encountered the "switch blade", "spring blade", and "push button" language in my city's laws. I'll be interested to see what the MPD says when they reply to the email.

As the BP officer officer alluded to, it's likely that nobody but the lawmakers themselves will know what, specifically, they had in mind when they used those terms. In all likelihood, it comes down to an officer's opinion as to whether or not an AO knife is legal around here given the nature of the language. The officer's opinion will likely vary depending on your demeanor and the situation.

If an officer stops you and, for whatever reason, ends up conducting a search, your best bet is to clearly (and politely) inform the officer of the presence of the knife and where it is located on your person (don't reach for it yourself unless directed to, and if so, do so with slow and deliberate movements). If asked about the AO function, politely explain how it works (making sure to emphasize that there's no 'push button' involved and that manual force must be applied until the blade gets past a certain point, and only then does the spring take over). You can also politely reference HR 2892 (as mentioned in a previous post).

You may have noticed me using "politely" a lot, and that is because it's one of most important parts of dealing with police. Police tend to be demonized on the internet, but most people seem to forget how much crap they have to put up with each and every day. I'd like to ask anyone who speaks out against them to deal with people screaming in their faces, attacking them, spitting on them, insulting them, etc. on a daily basis...I'd think that would put anyone in a bad mood. So that being said, being polite and courteous to an officer could end up being the highlight of their day. If you make it clear that you respect them and won't be giving them any trouble (less trouble means less time they have to spend at any particular site), it's much more likely that they'll be a bit more forgiving when it comes to addressing any potential laws being broken (with reason, of course). In regard to this topic, being polite and courteous might do enough to bias them towards interpreting an AO knife as being legal (no guarantees of course).


I'm still looking forward to what Minneapolis has to say on the matter, though.
 
I live in Fla. While at a gun show here, I asked a sheriffs officer if an AO knife is legal to carry. He said No, it is not legal. However, being here in the south where many people carry a knife, as long as you are respectful to the officer and you are not doing something that can be construed as illegal activity, the officer would probably just let you off with a warning. I would guess that your dad wouldn't be holding it open in the palm of his hand while in a convenience store.

I asked the same type of questions at a gun shop that has a bunch of knives in the store. They said that they can be carried, but it's a gray area. If you are being a jerk or if the LEO is having a bad day and the knife is a nice one, he might take it from you. They also told me to just get a concealed weapons carry permit, that way I can carry it without any questions.

I hope you can get some useful info from the DAs office.
 
Well i heard back from the Minneapolis Police a bit before the holidays and his response essentially gave me the confidence to go through this the purchase. The response was short, but sweet.

Email Ref: ## Knife Laws
From: Minneapolis Police Weapons Unit

This is a nice knife.

He should be good to go with this as it does not work as a switch blade knife, as long as the blade is within the length specifications.

But the language "spring blade" or "push button" blade in their city ordinances so that part is still quite vague. Still, i appreciated the response and it is pretty informative.
 
Since it game from the weapons unit, I'd definitely be quite a bit more assured. It's their job to know what's what.

If anything, the responses from the BP and Minneapolis police seem to indicate a trend of Twin Cities metro area police interpreting AO knives to be legal. After that, it just comes down to what I said in my last post.
 
I assume you have a Walmart in your area. Check and see if they sell AO knives. The one near me does as does the farm center, and other places that sell knives.
If Walmart carries them, they are legal. I doubt Walmart will sell/do anything that would get them in trouble with the local constabulary.

Rich
 
Never assume that because they are sold they are therefore legal!! Many times an item is sold for a long period of time before the retailer is warned. I have seen wrist suppoted slingshots sold openly in many national stores in NY, yet the NYS Penal Law spells out clearly that they are illegal. As most of you have seen in this part of the forum, flickable knives have openly been sold forever, but there have been thousands of arrests for carrying/owning them in NY.

It does seem that your response from the PD says it is ok to carry where you live. I would print out the email and stick it in my wallet.....
 
I assume you have a Walmart in your area. Check and see if they sell AO knives. The one near me does as does the farm center, and other places that sell knives.
If Walmart carries them, they are legal. I doubt Walmart will sell/do anything that would get them in trouble with the local constabulary.

Rich



There's a store at the Mall of America that sells cheap (yet marked up horribly) foreign knives, including switchblades. Switchblades are illegal to manufacture, transfer, and possess under MN state law (I thought I remembered there being an exception for collectors, but I can't find it at the moment). If that store has gotten in trouble, it apparently hasn't stopped it from continuing to sell them.

Besides...Walmart does plenty of illegal stuff. Their pockets are so deep that they can pretty much get away with anything.
 
I assume you have a Walmart in your area. Check and see if they sell AO knives. The one near me does as does the farm center, and other places that sell knives.
If Walmart carries them, they are legal. I doubt Walmart will sell/do anything that would get them in trouble with the local constabulary.

Rich

Not necessarily.

This was an issue in Texas. A case that was widely publicized involved a person who purchased a 'supposedly' legal Kershaw A/O at a major retailer in Texas, and was subsequently arrested & prosecuted for carrying a 'switchblade'. That person then sued the retailer & Kershaw/KAI, Inc. for illegally marketing such knives in Texas. It was this case, after a LOT of negative publicity, that got the ball rolling to amend Texas' knife law to specifically exclude assisted knives (& any knife which has a 'bias towards closure') from the definition of a 'switchblade'. Prior to that amendment, it was quite common for assisted knives to be misinterpreted as switchblades, in spite of the fact that Walmart & many other major outlets in Texas sold them.

It's not that Walmart or any other store would knowingly violate the law. It's more about the fact that the existing law is usually very difficult to interpret. They didn't know any better, and I can't really blame them for that.
 
Just got a reply back from the HennepinCounty Attributes office with a less then helpful reply.

Thank you for your question regarding the legality of carrying assisted-opening knives. The Hennepin County Attorney's Office does not provide legal advice to private Hennepin County residents, and we do not write legal letter opinions for private Hennepin County residents.

You may consult with an private attorney for the unique legal advice that you seek. Hennepin County Bar Association provides a referral service at http://www.hcba.org/Find Legal Help/LawyerReferral.aspx.

Please write or call again if you have any further questions which are related to our office's duties.

I'm glad some of the public offices were helpful at least.
 
Not necessarily.

It's not that Walmart or any other store would knowingly violate the law. It's more about the fact that the existing law is usually very difficult to interpret. They didn't know any better, and I can't really blame them for that.

I should have said "probably" legal :-)

Rich
 
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