Does the 2nd Amendment Apply to Knives???

First, knives may not be "arms" within the meaning of that term as easily as guns for which arms may be an abbreviation of firearm. Second, the militia clause is usually seen as limited the scope of the amendment to the National Guard or its equivalent. Finally, and most importantly, most of our 1st amendment freedoms have been applied to the states and local governments through interpretation of the 1st and 14th amendment (due process). The Supreme Court had not done so with the 2nd amendment as of the late 1980s when I left law school. (Anyone out there more up on this stuff?) So, even if the 2nd amendment applies to knives and the militia clause does not limit the applicability of the amendment to the general public, you still have an up hill battle applying it to the states, counties and cities where you live. I don't like it. I think the blade length laws are silly. But,I doubt I would win an argument that they are unconstitutional which is what I think you are asking.

Kref
 
If knives are protected under the 2nd amendment then so should hammers, axes, screwdrivers, awls, drills, saws, bats, chains, scissors, forks, frying pans, chisels, sickles, rope, nails, spikes, piano wire and tin can tops. Just because you can kill someone with an instrument dosen't mean it's a weapon. We all use our knives but few of have stabbed anyone with them. My knife's primary purpose is opening CD cases.

Firearms are in a different catagory. You can shoot a target or you kill something. Guns need an amendment, because that kinda power needs special consideration.

Knives are essential to our survial, without knives we would have some pretty long hair and a whole lotta food in our bushy beards.
 
Agreed on BOTH your post(s); but what the argument Meglobyte make's
( or at least SEEMS to ) is that, are knives, being sometimes considered "weapons" ( in the pejorative ;)) covered under the 2nd Amendment of The Constituition? MY
point (pun intended;)) is, if we carry on in these forum(s) about their employment as such (e.g."weapons") then the 2nd Amendment SHOULD apply. I also cited "chamaeleon" behavior, by knife owner(s) who(m) Speak of their "tools" in the pejorative "weapons"
vernacular, citing the former whence
the "law" enters the picture adversely against them. If the "law"
says "weapons", then I say, stand on the 2nd Amendment & try the case out. Kref, no doubt will not find this distastseful ( most lawyer(s) hate
the concept of "tilting with windmills" ; at least most of them I know of ;)) It's either ONE -or- the
OTHER is what I'm saying, in so MANY
word(s).


AET ;)


A final note : The State of Florida
Statute(s) Chap. 790 exempts what is
refered to as a "common pocketknife"
( take THAT definition anyway you will ;)) But a "double standard" SEEMS to apply in regard(s) to a "concealed weapon"; And I quote :

790.001 Definitions -

(3)(a) "Concealed weapon" means any
dirk, metallic knuckles, slungshot, billie, tear gas chemical weapon or device, OR OTHER DEADLY WEAPON ( authors emphasis AET ) carried on or about a person as to conceal the weapon from the ordinary sight of another person.
 
I would also have to agree that a basic knife is a tool not an arm. While a knife can be used in seld defense so can a car or a baseball bat. I would however consider a saber, Bowie, or sword to be an arm.
 
The "knife" came into being due to a need for an object (tool) to perform a job. Since the earliest stone blade was an effective cutting "tool", some crooked SOB found that it would help perform other jobs such as stabbing ones friend in the back and slitting the throats of ones enemies.

A pencil is an effective "tool" for completing a job. So is a cotton ball. I'm sure some could dream up several ways in which they become weapons. I say that a knife is a task tool, a defensive tool and an offencive tool. "Weapon" is a term used to villify an act. An act of aggression or defence, it doesn't matter.

Benjamin says:
"The government was created to serve the Citizens, not the reverse. The government only has the power given to it by the Constitution."

If you believe that, even your Constitution won't protect you from the liars, cheats and theives that you put in office to "serve the people". Lining their pockets with "the peoples" money. Waging wars that "the people" don't want to fight. Just as the knife (tool) became the knife (weapon) so have the Citizens become the servants of the Government. And most don't even know it.

Remember that the same "people" that gave you your Constitution, can yank it out from under you just as easily.

That's my 2 cents.
 
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