D' Forge,
Obeying THE LAW may seem like such a simple thing from where you stand.
In Texas, you can legally carry a knife with a 5.5" blade.
In California, there is not even a limitation on length of a blade,
but you cannot carry a fixed blade of any length, or a one inch blade disguised
as a lipstick.
Laws vary widely from state to state, or city to city.
Being a decent law-abiding citizen is not necessarily as simple as
"it was illegal for me to stab someone in Texas, if I refrain from that behavior,
here, I should be fine"
No, not that simple, at all.
Many places have laws which are so ambiguous, that you may have no idea there is even a question until you are arrested and the issue goes before a jury.
Read the statute for New Mexico, and tell me what is indisputibly lawful, and what is not.
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New Mexico - Criminal Offenses - 30-1-12. Definitions...
B. "deadly weapon" means any... weapon which is capable of
producing death or great bodily harm, including but not
restricted to any types of daggers, brass knuckles,
switchblade knives, bowie knives, poniards, butcher
knives, dirk knives and all such weapons with which
dangerous cuts can be given, or with which dangerous
thrusts can be inflicted, including swordcanes, and any
kind of sharp pointed canes...
- 30-7-2. Unlawful carrying of a deadly weapon... consists of
carrying a concealed... deadly weapon anywhere, except in
the following cases [own residence or property; private
automobile or other means of conveyance; official]... a
petty misdemeanor.
- 30-7-8. Unlawful possession of switchblades consists of any
person, either manufacturing, causing to be manufactured,
possessing, displaying, offering, selling, lending, giving
away or purchasing any knife which has a blade which opens
automatically by hand pressure applied to a button, spring
or other device in the handle of the knife, or any knife
having a blade which opens or falls or is ejected into
position by the force of gravity or by any outward or
centrifugal thrust or movement. Whoever commits unlawful
possession of switchblades is guilty of a misdemeanor.
New Mexico Case Law:
- "Jury to determine character of weapon..." (1973)
- "...a butterfly knife was a switchblade..." (1991)
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Is a 2 inch knife a "deadly weapon"? Is a sharpened pencil?
Is a chopstick? How about the plastic toys available from Cold Steel
(which look like chopsticks?)
A switchblade is illegal here, swell.
A butterfly is legally a switchblade. (although it obviously is no such thing)
Is an "assisted open" knife a switchblade? who knows?
Nobody in NM will know until somebody gets arrested, and gets prosecuted
for it.... meanwhile, they are sold quite openly at the gunshows here, which have no shortage of city and State police wandering around.
Come to think of it, as I read that, 50% of the men I see daily wearing a
knife in a belt sheath, or clipped on their jeans pockets are not wearing it concealed.... or are they????
If my knife is clipped to my pocket it is not concealed, but if I sit down at a restaurant you can't see it... so am I obeying the law or aren't I?
If I am sitting in the steakhouse and I cover my steak knife with
my napkin, am I SUDDENLY an outlaw? Is the difference between
being a good citizen and an outlaw really that vague and arbitrary?
Some places, depending on whether a cop thinks you are a "good citizen" or
a "creep", depending on whether the DA rolls his eyes, and whether a jury
sees it the same way..... maybe..... and maybe not.
Don't be so smug that you are a "good citizen" when a difference of 1 mile,
or a knife slipping from clipped to your pocket to inside your pocket,
is the difference between lawful and potentially felonious.
--Travis--
