Hello everyone I am new to this forum but have been a fan of nice knives for years. So here's my problem, I recently got slapped with a B misdemeanor for concealed carry of a Benchmade 5000. It was clipped to the inside of pocket with the outside of the clip clearly showing. And as far as I know this is legal in the state of Oregon. Anyone have facts or case law to back me up an help me fight this charge? Any help would be greatly appreciated!!
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Concealed vs. open carry. Need advice!
- Thread starter LoganMak
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Consult Your lawyer?
Concealed vs. open carry. Need advice!
Hello everyone I am new to this forum but have been a fan of nice knives for years. So here's my problem, I recently got slapped with a B misdemeanor for concealed carry of a Benchmade 5000. It was clipped to the inside of pocket with the outside of the clip clearly showing. And as far as I know this is legal in the state of Oregon. Anyone have facts or case law to back me up an help me fight this charge? Any help would be greatly appreciated!!
Hello everyone I am new to this forum but have been a fan of nice knives for years. So here's my problem, I recently got slapped with a B misdemeanor for concealed carry of a Benchmade 5000. It was clipped to the inside of pocket with the outside of the clip clearly showing. And as far as I know this is legal in the state of Oregon. Anyone have facts or case law to back me up an help me fight this charge? Any help would be greatly appreciated!!
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Man idk, knife laws tend to be rather vague.
I always only carry in plain sight to avoid this.
There's got to be some sort of precedent in your state though.
Deal or no deal, your likely getting stuck with paper.
Is this your 1st offense?
I always only carry in plain sight to avoid this.
There's got to be some sort of precedent in your state though.
Deal or no deal, your likely getting stuck with paper.
Is this your 1st offense?
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Depending on the exact law in the state probable cause to search may have been the exposed pocket clip.
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Then I wouldn't drive myself insane about it. Dont think you're looking at any jail time. Your worst possible outcome is that you have to pay money to the state.
They wanna stuck you with paper, which sucks by it's better than time.
They want those probation fees which you have to pay to stay out of your local jail.
But honestly she should be looking for things that indicate it won't go over in court and not worth the D.A. Or judges time.
Best case scenario, D.A. Throws out the charges and declines to prosecute, which happens more often than not.
He may have better things to do than pursue charges brung in by than a cop who scrapping the barrel on a pocket once with visible clip.
The fact that it was working assist doesnt help you but meh, who knows.
If you don't likethe way that your lawyer is handling things, get a new one because she's not "cutting you any deal" that any other one couldn't do. A public defendant could do that.
Probation or community service is not a deal, it's standard procedure.
Hopefully the D.A. Throws it out. Has he decided take the charges, do you know?
They wanna stuck you with paper, which sucks by it's better than time.
They want those probation fees which you have to pay to stay out of your local jail.
But honestly she should be looking for things that indicate it won't go over in court and not worth the D.A. Or judges time.
Best case scenario, D.A. Throws out the charges and declines to prosecute, which happens more often than not.
He may have better things to do than pursue charges brung in by than a cop who scrapping the barrel on a pocket once with visible clip.
The fact that it was working assist doesnt help you but meh, who knows.
If you don't likethe way that your lawyer is handling things, get a new one because she's not "cutting you any deal" that any other one couldn't do. A public defendant could do that.
Probation or community service is not a deal, it's standard procedure.
Hopefully the D.A. Throws it out. Has he decided take the charges, do you know?
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Dont fret, I just wouldn't pay money to someone who says she's Gunna try to do the same thing that a public defendant could do for free.
That said, I would rather a lawyer.
Just might go find yourself a better one.
Tactile sTyle
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166.240¹
Carrying of concealed weapons
(1) Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor.
Looks like the only argument you have is that the knife shouldn't be considered concealed if the clip is clearly visible. Good luck, man. That'll be tough.
Carrying of concealed weapons
(1) Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor.
Looks like the only argument you have is that the knife shouldn't be considered concealed if the clip is clearly visible. Good luck, man. That'll be tough.
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I wouldn't even worry about probation, sounds like a fine and slap on the wrist.
But sometimes for first time offenders they will offer a conditional discharge.
Which is like probation, if you stay out of trouble for the time they say, they erase the charges, but it's usually optional.
You'll be fine brother, worst case, is a misdemeanor.
But sometimes for first time offenders they will offer a conditional discharge.
Which is like probation, if you stay out of trouble for the time they say, they erase the charges, but it's usually optional.
You'll be fine brother, worst case, is a misdemeanor.
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I did some looking on here and just the web in general.
http://www.bladeforums.com/forums/s...knife-laws-visible-vs-concealed-Types-allowed
Apparently it has been ruled that the pocket clip makes it non concealed. I will continue looking to see if I can find the court ruling.
http://www.bladeforums.com/forums/s...knife-laws-visible-vs-concealed-Types-allowed
Apparently it has been ruled that the pocket clip makes it non concealed. I will continue looking to see if I can find the court ruling.
If that is the Presidio it is automatic and is definitely mentioned in ORS 166.240
However:
Because switchblade is type of pocketknife and it is not illegal under this sec*tion to carry concealed pocketknife, it cannot be illegal to carry concealed switchblade. State v. Ramer, 65 Or App 480, 671 P2d 723 (1983)
In Oregon I have found no record of anyone being charged for carrying an auto knife with the clip showing. That being said, it is listed as up to the officers discretion.
However:
Because switchblade is type of pocketknife and it is not illegal under this sec*tion to carry concealed pocketknife, it cannot be illegal to carry concealed switchblade. State v. Ramer, 65 Or App 480, 671 P2d 723 (1983)
In Oregon I have found no record of anyone being charged for carrying an auto knife with the clip showing. That being said, it is listed as up to the officers discretion.
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http://www.oregonlaws.org/ors/166.240
Look at the section on the right. State v. Turner. That may be your ticket.
Look at the section on the right. State v. Turner. That may be your ticket.
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I left a Visitor message on your site here. post your question there and they should be able to help you better.
^^This^^
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As a lawyer, I would note that if she doesn't know the law then she needs to look it up and also review the case law, before she starts talking about striking any deals. That's what you pay her to do. If she isn't doing it, then you need to find another lawyer.