Busted for carrying a switchblade.

[-Lucky-]

You better hope you stay lucky, -Lucky-. If you won't take the law's advice, why ask for ours?

Have you read anything I've posted? I DON'T carry autos because they are illegal in my area.

 

[22-rimfire]

I read through a number of these posts and I own some switchblades. In my state, it is legal to own them, but not legal to carry or sell. Guess I'm stuck with them.

If I read it correctly, it is illegal in MN to posess one. That means you can not even "own one".

I got my concealed carry permit primarily so that I could carry a loaded handgun in my vehicle. I do carry it some times legally. I saw the cost of the permit as being essentially nothing in relation to the trouble (cost) of having a LEO discover a loaded handgun in my vehicle or person regardless of the circumstance. I have been told by LEO's that in my case I would not be prosecuted if I carried as a part of my job. But I was not going to take that opinion as a binding legal opinion. Just not worth it.

I would not carry a switch blade knife as the assisted opening knives are really fast anyway. I have no reason other than as a novelty item to even own a switch blade knife and the same would apply to blackjacks and "brass knuckles".

 

[mistercory]

Lucky,
Its funny that you mentioned that for the 3rd time. As I was reading this thread I was thinking the exact same thing. I guess that sort of makes the point that regardless of what the actual law may say some officers will only read what they want, just like some of the people that responded to your thread. That in itself should make anyone who thinks about breaking the law to carry an illegal think twice. Some people only see what they want to and let negativity do their thinking for them.

 

[Los Angeles]

All you need to do is get caught speeding. Or forget to put a new sticker on your license plate. It all goes downhill from there really REALLY fast.

 

[-Lucky-]

I read through a number of these posts and I own some switchblades. In my state, it is legal to own them, but not legal to carry or sell. Guess I'm stuck with them.

If I read it correctly, it is illegal in MN to posess one. That means you can not even "own one".

I got my concealed carry permit primarily so that I could carry a loaded handgun in my vehicle. I do carry it some times legally. I saw the cost of the permit as being essentially nothing in relation to the trouble (cost) of having a LEO discover a loaded handgun in my vehicle or person regardless of the circumstance. I have been told by LEO's that in my case I would not be prosecuted if I carried as a part of my job. But I was not going to take that opinion as a binding legal opinion. Just not worth it.

I would not carry a switch blade knife as the assisted opening knives are really fast anyway. I have no reason other than as a novelty item to even own a switch blade knife and the same would apply to blackjacks and "brass knuckles".

Blackjacks and brass knuckles aren't even in the same league as auto knives though...knives are tools, those are weapons.

just my .02

Also I live in Iowa, I just haven't changed my location since I made this account when I lived up in Minnesota. I suppose I'll do that now since it's such a huge deal.

 

[-Lucky-]

Lucky,
Its funny that you mentioned that for the 3rd time. As I was reading this thread I was thinking the exact same thing. I guess that sort of makes the point that regardless of what the actual law may say some officers will only read what they want, just like some of the people that responded to your thread. That in itself should make anyone who thinks about breaking the law to carry an illegal think twice. Some people only see what they want to and let negativity do their thinking for them.

Thank you...hahaha...I thought maybe I was typing in invisible ink...

 

[drillsgt71]

Most knife and gun laws are outdated, stupid, and inforced only part of the time (and not on the bad guy). That being said, it's not a good idea to risk a felony. Most well made non-auto knives can be opened as fast or faster, are stonger and have better steel. There are some makers of autos that are very strong and have good steel, if you can afford them. I have autos because I like them and they stay in the safe (with the brass knuckles).

 

[22-rimfire]

I have never seen anyone whip out a switch blade to clean their fingernails. Everyone I know views them as a weapon and they carry them as a weapon first.

I know it is legal to carry them in FL if you have a concealed carry permit.

 

[spydusse]

I went to nyc a couple of days ago bought a blur in cpm154 was walking down street with it in pocket clip barley visabl. A cop in a car saw jumped out of car and made me freeze he said what's that in ur pocket I took it out and gave it to me asked if I have ever been arrested luckily I'm clean as a whistle told him I had goten on careless driving in 01 he then took knife and with partner and went to car with partner with my nj idea he came back and see how this just flicks open its against the law and I can take u to jail for this I said its legal in jersey and had no idea bout nyc law(lying) I thought for sure they would take knife I just bought but didn't think id be going to jail . I guess cause of my record he gave it back and said put it in pocket and not clipped ,god was I relieved . But boy do I hate nyc won't be going there to buy a knife again . Quick fact I saw I think on knife rights 80% of stabbings and robberies in nyc are done with kitchen knives what's next plastic knives only its nuts ,yeah if ur a criminal make it illegal but not for good folks .they keep stealing are rights and its a dam shame whatever happened to the right to bear arms in this post 9 11 miltia state . Yeah got heated sorry haha. I'm a former marine 3536 and I want my rights I was willing to die for ! Like the nut the body says ide rather face the dangers then the govt . Take anymore of my rights

 

[tower2]

With so many high quality AO's now available, one really must question what the drive is for risking a record as a felon in exchange for the thrill of the first 10% of blade travel being sprung open. Honestly, I think a stronger case can be made for non-permitted concealed firearm carry which, BTW, here in the People's Republic of California is only a misdemeanor if the weapon is registered to you and barring extenuating circumstances. A bang for the buck kind of thing. I am trying (without any luck) to envisage a circumstance under which a full auto blade would be of enough advantage over an AO to warrant the risk. I really can't think of one.

 

[MORIMOTOM]

First off no I didn't get busted, because I don't carry one. But what I'm asking is really what are the chances? (I've owned them before and I'll own them again, and unless I can legally I won't carry one)

But if you aren't waving it around in public or something of that sort nobody is going to know that pocket clip is from an auto...so as long as you are an average law abiding citizen (minus that auto in your jeans of course ) I don't see any ways you could get "busted" for having it on you..

Please point out where my logic is flawed.

your logic is flawed because no one here can predict the future.

there is no way to know if you will be detained, for what reason, and if that detention will lead to a search.

 

[dougo83]

If the law serves no purpose, it shouldn't be a law. Am I supposed to feel bad about not caring about breaking a knife law? I'm not implying that the laws don't apply to me or that I am above the law, but letting Government think for you is a very bad idea.

This has nothing to do with "letting the government think" for anyone. It has to do with being smart enough to realize that violating a law is going to still get you in trouble.

Well I live in Ca.
If caught with a auto, I'm sure it will be confiscated, but will there be any other action taken against the person? By the officer?

Read up on your state laws.

This isn't an argument about whether the laws should exist or not, they do and that's that. This is a question posed by someone asking if it's a good, logical idea to carry an illegal weapon. It isn't, and no amount of soap-box ranting over personal rights to bear Autos is going to change that, atleast not anytime soon. There's a big difference between mindlessly following the government, and mindlessly doing stupid, illegal and unnecessary things.

This. Well said, Haze.

I cannot stand that attitude. Instead of condemming him for wanting to carry an auto, shouldn't you be asking the more important question of why is it illegal to carry one?

No. This is not the subject of the OP and, therefore, really not relevant to anything at all.

Is what he is doing a bad thing because it's morally wrong, or because the Government says it's wrong? Since they're so good at making great decisions

If you want to throw out the morality card, it should be noted that traditional morality would suggest obedience to authority to be, well, moral.

Have you read anything I've posted? I DON'T carry autos because they are illegal in my area.

I would probably not go out of my way to sass your friendly neighborhood moderator.

 

[KeithAM]

There's no doubt that the laws against autos were the product of shameless political window dressing in the 1950s. Stupid would be an understatement. But stupidity of the law would not be a defense if you're caught violating it.

So you have to consider the risk v. benefit analysis. The benefit of carrying an auto is arguably not that great considering the availability of many folding knives that deploy as easily and as fast or faster.

The risk is great. Totally aside from incarceration, which would be bad enough, if you're convicted of a felony you can no longer lawfully own a firearm or even ammunition. And all it would take would be a traffic stop by an LEO who decides to pat you down. Not a rare occurance.

 

[00ChevyScott]

And all it would take would be a traffic stop by an LEO who decides to pat you down. Not a rare occurance.

Out of all the times I've ever been pulled over, I've never had a cop even ask me to step out of the vehicle.

 

[-Lucky-]

I would probably not go out of my way to sass your friendly neighborhood moderator.

Well when a mod comes on here and says I'm not "following the law" because he clearly hasn't read any of my posts, I'll take that risk. I wasn't really disrespectful anyways...

There's no doubt that the laws against autos were the product of shameless political window dressing in the 1950s. Stupid would be an understatement. But stupidity of the law would not be a defense if you're caught violating it.

So you have to consider the risk v. benefit analysis. The benefit of carrying an auto is arguably not that great considering the availability of many folding knives that deploy as easily and as fast or faster.

The risk is great. Totally aside from incarceration, which would be bad enough, if you're convicted of a felony you can no longer lawfully own a firearm or even ammunition. And all it would take would be a traffic stop by an LEO who decides to pat you down. Not a rare occurance.

I agree, and this is basically why I don't bother carrying them. Marginal opening speed advantage vs. jail time...with that said I wish they were legal because there are some damn fun auto knives out there...

 

[-Lucky-]

Out of all the times I've ever been pulled over, I've never had a cop even ask me to step out of the vehicle.

To the best of my knowledge they can't pat you down or search you or the vehicle without probable cause or a warrant.

I have been pulled over once before with my Paramilitary in my pocket and I just unclipped it and put it in the center console before the officer left his vehicle just for the sake of the officer not feeling in danger at all on a night stop in the city...so I could have had a lightsaber in my pocket earlier and he wouldn't have known...ha

 

[tom19176]

To the best of my knowledge they can't pat you down or search you or the vehicle without probable cause or a warrant.

I have been pulled over once before with my Paramilitary in my pocket and I just unclipped it and put it in the center console before the officer left his vehicle just for the sake of the officer not feeling in danger at all on a night stop in the city...so I could have had a lightsaber in my pocket earlier and he wouldn't have known...ha

You can legally be searched as the driver and the immediate area you can reach. In moving an object from that area to another area as you did, the officer could then search that area. IT is all about the officer's ability to state why he felt the need to search.

 

[Haze240]

Probable cause can be "I didn't like the way he responded to questions" or "He appeared nervous".

The fact of the matter is "I've been pulled over plenty of times, and have never been searched" is null and void. Thats like saying "I've smoked cigarettes for years, and never had lung problems". Just because it hasnt happened yet, doesnt mean it wont happen.

Lucky, the reason people are responding the way they are is because you are asking a question about the consequences and probability of being caught with an illegal weapon. It insinuates that you're thinking about carrying one in public, even though you say that you wouldnt. It's a heated debate, and it obviously is a controversial subject (as is any weapon or concealed carry law). Don't be surprised when people see the post and respond with a strong view on the subject.

 

[MORIMOTOM]

To the best of my knowledge they can't pat you down or search you or the vehicle without probable cause or a warrant.

I have been pulled over once before with my Paramilitary in my pocket and I just unclipped it and put it in the center console before the officer left his vehicle just for the sake of the officer not feeling in danger at all on a night stop in the city...so I could have had a lightsaber in my pocket earlier and he wouldn't have known...ha

then your knowledge is extremetly limited.

 

[MORIMOTOM]

Probable cause can be "I didn't like the way he responded to questions" or "He appeared nervous".

The fact of the matter is "I've been pulled over plenty of times, and have never been searched" is null and void. Thats like saying "I've smoked cigarettes for years, and never had lung problems". Just because it hasnt happened yet, doesnt mean it wont happen.

Lucky, the reason people are responding the way they are is because you are asking a question about the consequences and probability of being caught with an illegal weapon. It insinuates that you're thinking about carrying one in public, even though you say that you wouldnt. It's a heated debate, and it obviously is a controversial subject (as is any weapon or concealed carry law). Don't be surprised when people see the post and respond with a strong view on the subject.

actually, that may constitute reasonable suspicion, not probable cause.