First no Onion, now no Onions!

[kaiservontexas]

So who in Texas do we Texans yell at?

 

[batosai117]

So who in Texas do we Texans yell at?

Here here, somebody's got to pay for trying to ruin our knife laws :grumpy: Perhaps we could go slash some tires with our dreaded A/O's or hold these prosecutors at bay while at an atm with our mighty kershaws

If they push too many wrong buttons we're gonna have to pull up the wild west and find a rope

 

[TOM1960]

Not to be a stick in the mud, but my only link returned for Ordon is from TheHighRoad. On attempting to locate the original from the Louisiana 4th Circuit Court of Appeals, the case doesn't seem to exist where it should. Just playing skeptic for the sake of argument.

You may also wish to check out the December 13, 2005 case before the Court of Appeals of Virginia (Record #2683-95-1; Judge Sam Coleman III presiding). A Mr. Nicholas Ohin, convicted felon from Newport News, VA, was arrested on charges of being a convicted felon in possession of a dangerous weapon after police found a 3" folding knife in his pocket. Supposedly, this knife had a cross-guard and a photo of a dragon on it, but function-wise, it was just a plain-vanilla lockback folder. Cross-guards and photos do not add to a knife's lethality. Ohin's appeal was found to be without merit and this new conviction was upheld; now he is a two-time loser. If Virginia has a "Three Strikes" law like some states do, this guy is very close to going away for life. Convicted felons should always check their state laws before owning or carrying anything that can even remotely be construed as a weapon by LEOs and the courts. A 30-minute consultation with a licensed attorney would be well worth the C-note if it would prevent the felon from re-offending and going to prison.

 

[glistam]

You may also wish to check out the December 13, 2005 case before the Court of Appeals of Virginia (Record #2683-95-1; Judge Sam Coleman III presiding). A Mr. Nicholas Ohin, convicted felon from Newport News, VA, was arrested on charges of being a convicted felon in possession of a dangerous weapon after police found a 3" folding knife in his pocket. Supposedly, this knife had a cross-guard and a photo of a dragon on it, but function-wise, it was just a plain-vanilla lockback folder. Cross-guards and photos do not add to a knife's lethality. Ohin's appeal was found to be without merit and this new conviction was upheld; now he is a two-time loser. If Virginia has a "Three Strikes" law like some states do, this guy is very close to going away for life. Convicted felons should always check their state laws before owning or carrying anything that can even remotely be construed as a weapon by LEOs and the courts. A 30-minute consultation with a licensed attorney would be well worth the C-note if it would prevent the felon from re-offending and going to prison.

Ah, now that one I did find: http://www.courts.state.va.us/opinions/opncavwp/2708041.pdf
Please note however that the referencing info provided appears to be incorrect (case number and judge's name). The case number provided is actually for another knife case, Ford v. Newport News, wherein the defendant got off due to "fruit of the poisonous tree" doctrine.

Quick sum up of Ohin:
Cons- Abuse of discretionary "weapon of like kind" to apply to a lock back folder; used cross guard and finger grips as evidence it was intended as a weapon. Utter BS. For shame, Judge. And so what if it's a weapon? We do have a right to self-defense last time I checked.
Pros- Ohin was a career crook and behaving like a proper d*head, by interfering with a traffic stop he was not involved in and harassing the cop; Ohin consented to a search of his person.

 

[SAKowner]

Ah, now that one I did find: http://www.courts.state.va.us/opinions/opncavwp/2708041.pdf
Please note however that the referencing info provided appears to be incorrect (case number and judge's name). The case number provided is actually for another knife case, Ford v. Newport News, wherein the defendant got off due to "fruit of the poisonous tree" doctrine.

Quick sum up of Ohin:
Cons- Abuse of discretionary "weapon of like kind" to apply to a lock back folder; used cross guard and finger grips as evidence it was intended as a weapon. Utter BS. For shame, Judge. And so what if it's a weapon? We do have a right to self-defense last time I checked.
Pros- Ohin was a career crook and behaving like a proper d*head, by interfering with a traffic stop he was not involved in and harassing the cop; Ohin consented to a search of his person.

That's what I thought. The knives in these cases looked like weapons. This guy wouldn't have been convicted if he was carrying a non-locking SAK or a multitool.

 

[jdm61]

I suspect that this case may be a ruse to force the legislature to fix the law. if it is, perhaps the AKTI should also talk to them about getting rid of the "illegal knife" 5 1/2 inch rule and specific reference to the "bowie knife", which are clearly leftover from the olden days when the bowie knife was their version of the feared "assault weapon" The real question is whether this court can and will take judicial notice of the findings of the dipstick judge in misdemeanor court or whether a civil court can even rule differently on this issue at this time. The original case was likely the typical type where overzealous police go after somebody they don't like on a piddly charge like this because they can't make any other charges stick.