Brandishing

Discussion in 'Knife Laws' started by YagyuShintoRyu, Apr 17, 2020.

  1. YagyuShintoRyu

    YagyuShintoRyu

    213
    Apr 15, 2020
    Check your local laws, but in the vast majority of American jurisdictions, the act of unsheathing a fixed blade, or opening a folding blade, in front of witnesses constitutes a criminal offense; even if you take no further action. "Menacing, threatening, or brandishing" are the terms to search for. Consider this a public service announcement.
     
  2. Boxer .45

    Boxer .45 Gold Member Gold Member

    Jan 11, 2015
    Meh...
     
  3. glistam

    glistam

    Dec 27, 2004
    Contrary to popular belief, statutes titled or covering "brandishing" as a distinct offense are uncommon. Most states cover this under the common law offense of assault, which means to place another in fear of immediate bodily harm. Assault is usually followed by a battery (offensive physical contact) but not always. For example pretending to throw a punch at someone's face where they really thought you were going to hit them, or throwing a knife at someone and missing, still count as assault. Case law however has ruled that the mere holding of a weapon is not in and of itself assault (or brandishing in the rare instances where it is a separate offense). There has to be something about the situation, whether it's actions or statements, indicating the intent to be physically threatening.
     
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  4. YagyuShintoRyu

    YagyuShintoRyu

    213
    Apr 15, 2020
    Think twice before drawing any weapon in public, as it's generally a bad idea, and it just might be a crime; depending.
     
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  5. NMpops

    NMpops

    772
    Aug 9, 2010
    First a knife is a TOOL first and weapon only as a last result. If you are ever asked why you carry a particular knife by LE. Never say it's for self defense, because then you have just admitted it is weapon not a tool. Don't play with your knife in public (common problem with Flippers), only open it to use it, it's not a toy. Intent is everything. Police must be able to prove your intent.
     
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  6. YagyuShintoRyu

    YagyuShintoRyu

    213
    Apr 15, 2020
    On that note, don't buy the Jack Hawk 9000 model with the double blood grooves, and cross-cut serrations for optimal eviceration; carry a normal knife. Karambit are NOT very good tools.
     
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  7. David Mary

    David Mary KnifeMaker / Craftsman / Service Provider Knifemaker / Craftsman / Service Provider

    Jul 23, 2015
    To the court, for a conviction, yes. Not to detain you. Not to charge you, and run you through the legal system and ruin your day, week, month or year. They only need reasonable articulable suspicion for that. So your advice is certainly good - don't act in ways that could give anyone suspicion of criminal intent.

    Karambits are not very versatile tools, but they are fantastic tools, within their scope of capability. Agricultural, carpet knife, box cutter, anything requiring aggressive tip slicing.
     
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  8. YagyuShintoRyu

    YagyuShintoRyu

    213
    Apr 15, 2020
    I said what I did about karambits because they are widely viewed as weapons. You can open boxes with a katana, but if you tell an officer that's why you're carrying one, they're not going to buy it. A small, simple knife, is what I was suggesting.
     
  9. David Mary

    David Mary KnifeMaker / Craftsman / Service Provider Knifemaker / Craftsman / Service Provider

    Jul 23, 2015
    And it's a great suggestion.
     
  10. YagyuShintoRyu

    YagyuShintoRyu

    213
    Apr 15, 2020
    Thanks =)

    P. S. I know someone who was involved in a verbal altercation that did not escalate, he walked away. The other party, which instigated the altercation, knew that he carried a knife, called law enforcement, and lied to them claiming my acquaintance pulled a knife. The police detained him, but did not arrest him because the liar could not accurately describe the knife (it was very particular). Had the liar ever seen the knife before, he could have proceeded to describe it, and my acquaintance would have been charged with a felony.
     
    Last edited: Apr 23, 2020
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  11. David Mary

    David Mary KnifeMaker / Craftsman / Service Provider Knifemaker / Craftsman / Service Provider

    Jul 23, 2015
    Now that is an interesting story we can learn a lesson from.

     
  12. YagyuShintoRyu

    YagyuShintoRyu

    213
    Apr 15, 2020
    Also, I just found out that nunchucks are illegal everywhere except Antarctica. I learned this AFTER getting a mega-sweet pair of indestructible titanium wall bangers.
     
  13. hhmoore

    hhmoore Gold Member Gold Member

    Feb 7, 2014
    And that lesson is, of course, to change your carry knife frequently, lest you become predictable & fall prey to such malicious accusations.
    Or, as many of us were advised in our youth - keep it in your pants
     
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  14. zzyzzogeton

    zzyzzogeton

    Feb 17, 2013
    Well, wait a minute - Texas is big, but it does not include Antarctica as a county.

    As of 01 September 2019, it became legal to carry brass knuckles, knuckle purses, "hello kitty" style key rings (key rings with pointy parts) and clubs, of which in Texas, tomahawks, axes, hatchets and nunchuks are a subset.

    https://versustexas.com/blog/2019-legislative-update/
     
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  15. YagyuShintoRyu

    YagyuShintoRyu

    213
    Apr 15, 2020
    I'm actually learning to use them, and I prefer the continuous uppercut motion. Nunchucks are fun, but I'm going to need to plaster the holes in the wall, or buy sheet rock in bulk.

    It takes a lot of beer to learn nunchucks =/
     
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  16. David Mary

    David Mary KnifeMaker / Craftsman / Service Provider Knifemaker / Craftsman / Service Provider

    Jul 23, 2015
    The Kali drill "Heaven and Earth" works nicely with them, too. You'll learn quick how to stay out of your own way!
     
  17. Vlade

    Vlade

    11
    Feb 8, 2020
    The law over here is no showing. You have to have justifiable motivation. It would be best to run away. I would probably try to run away before using any weapon or tool. I rather be a live coward than a dead hero
     
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  18. David Mary

    David Mary KnifeMaker / Craftsman / Service Provider Knifemaker / Craftsman / Service Provider

    Jul 23, 2015
    You have to be smart about running away though. Sometimes it is worse to try and run away, like if you are being held at the point of something sharp at very close range. The time it takes you to turn and start accelerating could be all the time that's needed to gain a few new vent holes. But a situation like that would not likely be a "deploy a weapon" type situation but a "go hands on" type situation. If you can't control the distance, then deflect, dominate, distract, disarm, and disable. Then leave.
     
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  19. Vlade

    Vlade

    11
    Feb 8, 2020
    Yeah David I never thought of it that way.. going Hands-On. Hello adrenaline
     
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  20. YagyuShintoRyu

    YagyuShintoRyu

    213
    Apr 15, 2020
    Meanwhile, after I posted the "Jackhawk 9000" bit, I bought a Tops 10/27 with gruesome serrations =/
     

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