How do you interperate this law?

S

Sledgehammer

Joined
Nov 2, 2005
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549.10 CARRYING VARIOUS WEAPONS PROHIBITED; EXCEPTIONS.


(a) No person shall carry a pistol, revolver, bowie knife, dirk, stiletto, dagger or other knife having a blade two and one-half inches in length or longer, or a karate stick or nunchakus, knuckles, a billy, blackjack, or bludgeon, or a knife fitted with a mechanical device for automatic release of the blade opening the knife and locking the blade in the open position and commonly known as a switch or automatic spring knife, or any other dangerous weapon on or about the person without proper justification. "Proper justification" includes, but is not limited to, the right of law enforcement officers and other persons specifically authorized by law to be armed within the scope of his duties. It shall be an affirmative defense to a violation of this section, if it appears that the defendant was at the time engaged in a lawful business, employment or occupation, or that the circumstances in which he was placed justified a prudent man to possess such weapon for the defense of his person, property or family.



(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

I bolded thepart I don't really understand. Does that mean that if I were in lawful business and not causing trouble that I could carry a larger blade if I wanted? Am I limited to 2.5" as it states?

Should I carry a copy of this with me? :)
 
What it means is that if you are arrested for carrying an illegal (i.e., with a blade 2.5" or longer), you may use this as an affirmative defense at your trial.
 
Yeesh. You could drive a truck through that loophole: as long as you weren't committing a crime, you've got an acceptable defense. Per dsvirsky, above, that's a legal defense, not a response to a challenge from law enforcement.
 
True. If I were ever challenged by a LEO on my knife I would tell them that I carry it because it's useful and that I would never use it for SD (and I wouldn't). I couldn't knife fight myself out of a paper bag.

I have big hands and I just don't want to get busted for carrying a BM with a 3.4" blade like a 940 just because I have big hands.

I can get 3 fingers around the handle of a 705 or a mini-Grip.

I guess legally I would have to go with a Para-Military but I don't want to have a knife with the word "military" in the name. That just can't be good for you in court.
 
Sledgehammer said:
That just can't be good for you in court.
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Not that this *can't* happen, but no one has ever provided an actual case anywhere in which the name of the knife was used against the person carrying it.
 
Watchful said:
Not that this *can't* happen, but no one has ever provided an actual case anywhere in which the name of the knife was used against the person carrying it.
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Yes, it has! I just read something in a knife mag that the name "deerslayer" was used against the guy. It was printed on the blade, though. Sorry, I can't provide details. If I see it again, I'll post. I can't that I know that it actually made a difference in the trial, but it was mentioned.
 
Sledgehammer, which state is this for. If I'm reading it correctly, it may cause assisted openers to be interpreted as illegal.
Thoughts on this?
 
Walking Man said:
Yes, it has! I just read something in a knife mag that the name "deerslayer" was used against the guy. It was printed on the blade, though. Sorry, I can't provide details. If I see it again, I'll post. I can't that I know that it actually made a difference in the trial, but it was mentioned.
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Mentioned, but not used successfully. Still, that's something to look into! Thanks!
 
It's for Ohio, which does not have anything specific as far as length goes, but my locality is specific as shown above. :)

At this point I'm almost prepared to just get whatever large knife I want and then just stay out of trouble and be a nice citizen. That's how I am anyway and I haven't had a ticket or anything in 10+ years. So I guess for the last 10 years I could have carried a 710 if I wanted. :)
 
If you don't mind, could you please tell me where in Ohio you live, via email, since I live here also, I'd like to know. Thanks.
 
Sledgehammer said:
I'm about a 20 minute drive north of you on 77 to route 8. ;)
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I've heard that fair city has such a law, but this is the first I've actually seen it in print. It must suck to have to carry a Spyderco Toad. ;)
IMO, this is not stuff that should be allowed to be regulated by localities.
.
Also, did you think at all what I wrote about how this law might be interpreted to include assisted-openers? Be careful.
 
I've thought about the law a lot on this topic. I've come to the conclusion that I"m going to carry something between 3-4 inches. I know many many people who have been pulled over or whatever for different things and none of them have gotten in trouble for their knife. A few have even been carrying something like a Benchmade 710.

The officer was always nice when the person either put the knife on the dashboard with both hands on the steering wheel or anounced that he had a pocket knife when asked. All the times this has occured for my friends the officer just says "oh ok, nice knife".

So I'm going to carry my 910 Benchmade and not worry about it. I'll just continue to stay out of trouble like I have for the last 10 years. :)
 
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