Carrying folder open or part open in a sheath?

[RX-79G]

Did a search, couldn't find it. I recall a period when people were selling kydex neck sheaths for spydercos that held the blade partially open, but haven't seen any recently. I was also wondering about just taking a lockback and carrying it locked open in a neck sheath.

I live in Seattle, where you can't carry any fixed blade, which just got me thinking about this. I don't have a strong "need" to do any of these things, but I find them interesting, so I'm asking.

I guess it comes down to whether you could be charged for carrying a concealed "fixed blade" if the blade isn't fixed, just deployed.


Similarly, you use your folder for something messy and want to clean the blade before you close it, so you wrap the whole thing in a napkin and put it in your bag. Is that a fixed blade?

Thanks.

 

[oguruma]

Washington state has a ridiculously vague knife laws that uses ambiguous language that could outlaw the carry of any "dangerous" item.

§ 9.41.250. Dangerous weapons — Penalty

There are two terms in the aforementioned statute. The first of them is the term "dangerous weapon". I would imagine that basically any knife could be considered a "dangerous weapon". Since the statute does not dictate what a "dangerous weapon" is, the officer and prosecution get to use their discretion. At its loosest interpretation a dangerous weapon could include screwdrivers, cinder blocks, 2x4s, or a piece of rope.

The second term here is "furtive". Furtive generally implies an act of concealment. It would be tough to argue that a knife that can be readily identified as such during normal interaction could be considered "furtively carried", however if the sheath were to be concealed by a garment, it would be a reasonable interpretation to say that the knife was concealed, and therefore carried furtively.

In State v Myles, the Supreme court upheld the conviction of a woman who had a paring knife in her pocket. Yes, a paring knife, the things designed to cut apples and potatoes. So what does this mean? Well, to me (I am not a lawyer and even if I were internet legal advise is worth exactly what you pay for it) a person could be convicted under this section if they were caught walking home from a jobsite with their boxcutter in their toolbox. After all, if a paring knife is a "dangerous weapon" a boxcutter sure is, forget about a sawzall or a pipe wrench, both of which would be easier to kill a person with. If we interpret a pocket to be concealed, a backpack, a toolbox or a picnic basket are certainly just as concealed.

So, to sum it up. Washington, like every other state, has a ridiculous law on the books that doesn't keep anybody safer but empowers the state to lock people in the gray bar motel even if they have harmed nobody and were just minding their own business.

The only redeeming text of the law is that is requires "intent" to conceal. This provides, in my interpretation, something of a relief from strict liability. For example, if you carried the knife openly and your jacket briefly covered the sheath, a reasonable argument could be made that you had no intent to conceal it, but rather it happened due to forces outside your control.

 

[RX-79G]

Thank you.

The "reality" is that people aren't being arrested in mass for carrying sub-3.5" knives around here, unlike NYC. I was just trying to find out if this particular way of carrying a folder is being done anywhere.

 

[glistam]

Thank you.

The "reality" is that people aren't being arrested in mass for carrying sub-3.5" knives around here, unlike NYC. I was just trying to find out if this particular way of carrying a folder is being done anywhere.

In other states the laws or case laws on this go both ways. In California, a knife already open and locked is a considered the same as a fixed blade knife (illegal to conceal, legal to open carry). In Maryland, courts ruled that an open and locked knife is still considered a folder and thus, legal for concealed and open carry (normally fixed blades are illegal to conceal). There's no case law that directly addresses this issue in your state though, so it's uncharted waters.

 

[RX-79G]

In other states the laws or case laws on this go both ways. In California, a knife already open and locked is a considered the same as a fixed blade knife (illegal to conceal, legal to open carry). In Maryland, courts ruled that an open and locked knife is still considered a folder and thus, legal for concealed and open carry (normally fixed blades are illegal to conceal). There's no case law that directly addresses this issue in your state though, so it's uncharted waters.

That's interesting. Thank you for that. It sounds like it has been done, and either comes up so rarely that there isn't case law to guide it at the momemnt.