Interesting Knife Law pdf

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pedalinbob

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Jan 10, 2004
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http://www.handgunlaw.us/documents/USKnife.pdf

I wasn't sure as to whether this has been posted, but I found it attempting to find out whether my Victorinox Solo is legal for carry (the blade is 3.5" overall, with the cutting edge JUST under 3").

It is still confusing, and I despise unclear law/statute.
How can a citizen know if they are breaking a law if it is intentionally ambiguous?

It reminds me of the "living Constitution" people who believe it should be interpreted ad lib...a dangerous concept, at best.

Regardless, as stated in many prior threads here, it appears that it should be legal in most areas, as long as my intent isn't malicious.
 
Knife laws are so ill defined it is pathetic. Here is Tennessee's example from the PDF (note that it is only excerpted from the Tennessee Code Annotated):

"Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument; So a screwdriver and a saw are knives?

A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4") "INTENT". IMHO, the only proof of intent is an actual assault or possibly threatening while brandishing? "BLADE LENGTH" no definition. As others have said, including only the sharpened edge? The ricasso? The tang extending into the handle?

Codger
 
I know, it is crazy.

I may actually take my knives to the sherriff's dept, possibly the state police, and ask directly how they would interpret the laws.
 
Funny thing, I was just pondering these same issues here in Europe.

The knife laws are really vague everywhere. They leave a lot of room for interpretation to law enforcement authorities.

Where I live it is illegal to carry in public places any items that can be used to harm other people. "Any item that can be used to harm others." No mention of criminal intent. The law says carrying such items is legal only if you have a valid reason, and says this will be decided case be case.

In practice these laws are used only when a person has done something illegal to get caught in the first place. But why leave law abiding citizens in doubt of their legal status?
 
"The knife laws are really vague everywhere. They leave a lot of room for interpretation to law enforcement authorities."

Its up to the officer that has you in handcuffs to determine if you will be taking in for the knife you are carrying.

"Where I live it is illegal to carry in public places any items that can be used to harm other people. "Any item that can be used to harm others." No mention of criminal intent. The law says carrying such items is legal only if you have a valid reason, and says this will be decided case be case."

"In practice these laws are used only when a person has done something illegal to get caught in the first place. But why leave law abiding citizens in doubt of their legal status?"

Yes, and they use this against you all the time. If you are caught for suspicion of something and they do not have enough info to take you in they will take you in for the knife you carry and pressure you into giving them the additional info they need to use against you (Ask me how I know) but they got nothing from me and they sure were pissed when I told them to throw the knife in the trash. Because I did not want it back. The look on his face was priceless. He said he would have to make a report against me if he kept it. I figured I would walk out the door and he would try to lock me up for it again in some other way. Of course it was just over length for my town, so I took it from him and dropped it into the nearest trash can.
 
I am friends with the (now ex) captain of our local city police department..., but we haven't spoken in a few years as she moved up north.
(the origin of this thread was to find the actual language of the laws)

She stated that basically it is at the LEO's discretion whether a law has been violated, but that unless you are under great suspicion (or indeed involved in something illegal), they would not bother you at all.

She told me something else that was interesting: if asked "Do you have a weapon...?" you should answer "No, but I do have a pocket knife in my right pocket which is used as a simple tool."

The idea goes back to intent.
You have denied that the knife is intended as a weapon, clarifying that is is intended for non-violent purposes.
Admittedly,"tool" could theoretically be synonymous with "weapon," but she stated that most officers would likely ask you to clarify what tasks the "tool" is used to perform.
That is when you state "Opening boxes and letters, trimming loose threads from clothing, trimming a wood piece for fit, opening those evil plastic clam-shell packages, etc..."

Unless the officer is corrupt, your explanation would have to enter the record, and it would be unlikely that any action could be levied against you, unless the text of the law was precise enough (absolute blade length, blade type, etc) to indicate your knife is in violation.

But...of course, there is always precedent...which means that if a vague law has been interpreted in a certain way in the past, it is likely to continue to be interpreted in that manner.
What stinks about that is, again: How is a person to know what is precedent or illegal with vague language/text?

Good thing I mostly carry my Victorinox Soldier (blade is <3", sharpened edge is 2.5"), my Byrd Meadowlark of the Dozier Thumb Hole Folder, as they all appear to be appropriate for Michigan.
 
Hmm. In that document most of the descriptions for California are, to my understanding, not accurate.

Aside from misspelling "Los Angeles" it keeps talking about under and over 3" but according to my research, in California one can conceal a folder of any size (even if it's a flipper or assisted opener, just not a gravity knife), but concealing fixed blades of any size is against the law.

Apparently wearing a fixed blade on your belt, as long as it's visible, is ok. Although I'd imaging walking through a metropolitan city w/ a bowie visible will get you messed with by LEOs in some form.

Since CA knife laws have changed since the late 90's, many cops aren't aware of what is now permissable.

Much of my info comes from this page:
http://www.equalccw.com/knifelaw.html
 
What does the knife can't be on or about his person mean?

obviously non in your pocket or belt, but is in a backpack considered about the person?
 
Interesting pdf but I notice they have nothing on Oregon’s three largest cities: Portland, Eugene and Salem. Portland police (and downtown rent a cops) pretty much take anything they want and challenge you to get an attorney good enough to beat the system. Guilty until conceded innocent.
 
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