In a recent thread somewhere, I thought here on BFC, someone typed something that indicated an attorney's general's opinion was irrelevant or had no effect on law. I wanted to compose a wise response, but did not have time then. Now I cannot find the thread. Well, I just wanted to caution that there is a HUGE difference between a personal opinion and a legal opinion. When an attorney general, district attorney, or appeals court judge issues a legal opinion, it does indeed carry the weight of law, at least until such time as a higher authority or court finds otherwise. Sometimes when a new AG or DA takes office, he will issue an opinion that differs from that of the previous AG or DA, especially if the new one is of a differing political slant. These legal opinions are particularly important in jurisdictions where a particular term, such as dirk or dagger, is not explicitly defined in the legal code.
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Attorney General's "opinion"
- Thread starter Rex G
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- Mar 26, 2004
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It was probably one of these threads.
http://www.bladeforums.com/forums/showthread.php?t=297164
http://www.bladeforums.com/forums/showthread.php?t=311780
The issue in question is here. The actual law makes no mention of blade length. But the Misconduct section at the top says "Generally, misconduct involving weapons does not apply to... A pocketknife (a folding knife with a blade less than 4 inches)." www. packing.org on the Arizona page makes mention of the Attorney General's opinion of a 4" length.
http://www.bladeforums.com/forums/showthread.php?t=297164
http://www.bladeforums.com/forums/showthread.php?t=311780
The issue in question is here. The actual law makes no mention of blade length. But the Misconduct section at the top says "Generally, misconduct involving weapons does not apply to... A pocketknife (a folding knife with a blade less than 4 inches)." www. packing.org on the Arizona page makes mention of the Attorney General's opinion of a 4" length.
Perhaps someone read about the Florida AG's 4" opinion (it was a past AG, not the current one, IIRC) and sent that information to packing.org for AZ by mistake. I suppose it's possible both AGs issued similar opinions, though.
When I went looking last spring, I didn't find any related caselaw in AZ, so even if there is an AG opinion in Arizona, there's no precedent for the 4" limit. If the AG has a change of heart, or if t a previous AG issued the 4" opinion, it means just about nothing.
When I went looking last spring, I didn't find any related caselaw in AZ, so even if there is an AG opinion in Arizona, there's no precedent for the 4" limit. If the AG has a change of heart, or if t a previous AG issued the 4" opinion, it means just about nothing.