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Knife Laws in Wisconsin?
- Thread starter ginshun
- Start date
Krause (160 Wis. 2d 47 (1990)) suggests that balisongs are switchblades under that definition.
Edge (160 Wis. 2d 49 (1990)) suggests that typical folding knives aren't switchblades. I wouldn't want to guess how they'd treat a camillus dominator, though. From that case: "A sheath knife is withdrawn from a sheath and does not have a blade "which opens." A jackknife [*4] does not open by pressing a button, spring or device in the handle. It does not open by thrusting or moving the knife. It opens by moving theblade on its hinge."
That's only one circuit court's opinion, though. As they point out... "Even if we were to hold that the statutory language could be stretched to include a jackknife, that would not establish that the statute was vague. The holding would only add jackknives to the range of prohibited knives. The statute would remain sufficiently definite to alert an ordinary person to the type of conduct prohibited."
Edge (160 Wis. 2d 49 (1990)) suggests that typical folding knives aren't switchblades. I wouldn't want to guess how they'd treat a camillus dominator, though. From that case: "A sheath knife is withdrawn from a sheath and does not have a blade "which opens." A jackknife [*4] does not open by pressing a button, spring or device in the handle. It does not open by thrusting or moving the knife. It opens by moving theblade on its hinge."
That's only one circuit court's opinion, though. As they point out... "Even if we were to hold that the statutory language could be stretched to include a jackknife, that would not establish that the statute was vague. The holding would only add jackknives to the range of prohibited knives. The statute would remain sufficiently definite to alert an ordinary person to the type of conduct prohibited."
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I like so stay away from knives with springs for EDC anyway, so I guess I won't worry about it.
I also would like to know about Wis. laws concerning blade length.
It seams kind of messed up that the 10 guns in my house are fine, but if I have a automatic or a balisong, its illegal.
I wonder how well these are enforced? I am kind of in northern hickville up here, so I would like to think that unless you were using the knife for something illegal, the cops would let it slide, who knows though? I don't ever remember being searched anyway, but it is still something to think about.
I also would like to know about Wis. laws concerning blade length.
It seams kind of messed up that the 10 guns in my house are fine, but if I have a automatic or a balisong, its illegal.
I wonder how well these are enforced? I am kind of in northern hickville up here, so I would like to think that unless you were using the knife for something illegal, the cops would let it slide, who knows though? I don't ever remember being searched anyway, but it is still something to think about.
There's no specified length limit in WI. Less than 3.5-4" is a good rule to follow in most States without a written length limit, if you're worried about getting searched. If you're getting searched, the cop probably isn't happy with you, and that's not the time for you to be discovered with a vaq. grande.
Above 4", you start taking serious chances. When statutes talk about "carry with intent", in some places intent can be inferred from the fact that you had an unusually long knife. It's Kafka-esque, but that's the way it works in some states. I only skimmed a few cases, but Wisconsin courts tend to require the State prove both that it's dangerous (what knife isn't?) and that it's a weapon. A Wisconsin jury might think that 3" or longer blades are automatically weapons, since Milwaukee and Racine both have 3" limits.
Given that, I'd stay under 3" in Wis. if I wanted to be legal.
239 Wis. 2d 595 (folding knife in a belt holster is a concealed weapon)
1996 Wisc. App. LEXIS 1200 (State v Dumas, 5" blade on a folder can make it a concealed weapon unless there's an obvious legal use like hunting/fishing)
Above 4", you start taking serious chances. When statutes talk about "carry with intent", in some places intent can be inferred from the fact that you had an unusually long knife. It's Kafka-esque, but that's the way it works in some states. I only skimmed a few cases, but Wisconsin courts tend to require the State prove both that it's dangerous (what knife isn't?) and that it's a weapon. A Wisconsin jury might think that 3" or longer blades are automatically weapons, since Milwaukee and Racine both have 3" limits.
Given that, I'd stay under 3" in Wis. if I wanted to be legal.
239 Wis. 2d 595 (folding knife in a belt holster is a concealed weapon)
1996 Wisc. App. LEXIS 1200 (State v Dumas, 5" blade on a folder can make it a concealed weapon unless there's an obvious legal use like hunting/fishing)
