On suggestion from a reader in the Automatic Knife forum, I have copied my original post to this forum. It should be self-explanatory.
-tek
---Original post follows---
Hello, I need some help here.
I was in a car with my friends when we got pulled over. Without going into the (un)constitutionality of the search that ensued, in which I volunteered my Ken Onion Blackout lest I get thrown on the ground and cuffed when the nice officer found it, the officer confiscated it and wrote me up for possession of a dangerous weapon. I live in WA and I bought the knife over the counter in an army-surplus store, but you can buy them in the knife store in the mall now. (I just bought it when they first came out and before they were readily available.)
So, now I am going to court to fight this BS, and I want my damn knife back. I need some help and any info you guys could provide, including legal precedent. Here is the actual text of the complaint:
"On or about the 29th day of August, 2001, the above-named defendant, in the City of Bellevue did commit the crime of Dangerous Weapons by: possessing a spring blade knife or knife with blade that automatically releases by mechanical device or opens by force of gravity/movement contrary to the following statute/ordinance: BCC 10.41.280."
BCC 10.41.280 reads:
" 10.41.280
Dangerous weapons.
A. Every person who manufactures, sells or disposes of or has in his possession any instrument, martial arts weapon, or other weapon of the kind usually known as blackjack, slung shot, nunchaku, throwing star, sand club or metal knuckles or spring blade knife or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens or falls or is ejected into position by the force of gravity, or by an outward, downward or centrifugal thrust or movement; who shall furtively carry with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or who uses any contrivance or device for suppressing the noise of any firearm, is guilty of a gross misdemeanor. "
If anyone can help me out here, please let me know. Any info is useful. Incidentally, as I have reached for my knife countless times where it always (I mean ALWAYS) was there before, including through four international airports, I finally gave up and bought a box cutter at a paint store for $1.29 which I can open nearly as quickly, has a blade of about the same length and is MUCH sharper. I don't plan to carry this thing around forever, but if I did get caught with it by our fine law enforcement officers in this moronic community, they would have no basis to take it, nor would I miss it much if they did.
Thanks in advance, wish me luck.
-tek
-tek
---Original post follows---
Hello, I need some help here.
I was in a car with my friends when we got pulled over. Without going into the (un)constitutionality of the search that ensued, in which I volunteered my Ken Onion Blackout lest I get thrown on the ground and cuffed when the nice officer found it, the officer confiscated it and wrote me up for possession of a dangerous weapon. I live in WA and I bought the knife over the counter in an army-surplus store, but you can buy them in the knife store in the mall now. (I just bought it when they first came out and before they were readily available.)
So, now I am going to court to fight this BS, and I want my damn knife back. I need some help and any info you guys could provide, including legal precedent. Here is the actual text of the complaint:
"On or about the 29th day of August, 2001, the above-named defendant, in the City of Bellevue did commit the crime of Dangerous Weapons by: possessing a spring blade knife or knife with blade that automatically releases by mechanical device or opens by force of gravity/movement contrary to the following statute/ordinance: BCC 10.41.280."
BCC 10.41.280 reads:
" 10.41.280
Dangerous weapons.
A. Every person who manufactures, sells or disposes of or has in his possession any instrument, martial arts weapon, or other weapon of the kind usually known as blackjack, slung shot, nunchaku, throwing star, sand club or metal knuckles or spring blade knife or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens or falls or is ejected into position by the force of gravity, or by an outward, downward or centrifugal thrust or movement; who shall furtively carry with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or who uses any contrivance or device for suppressing the noise of any firearm, is guilty of a gross misdemeanor. "
If anyone can help me out here, please let me know. Any info is useful. Incidentally, as I have reached for my knife countless times where it always (I mean ALWAYS) was there before, including through four international airports, I finally gave up and bought a box cutter at a paint store for $1.29 which I can open nearly as quickly, has a blade of about the same length and is MUCH sharper. I don't plan to carry this thing around forever, but if I did get caught with it by our fine law enforcement officers in this moronic community, they would have no basis to take it, nor would I miss it much if they did.
Thanks in advance, wish me luck.
-tek
