Emerson fans,
Since I consider you all friends, I wanted to let you know how this works. I am speaking as a full time sheriff's deputy in one of the three largest counties in Washington state.
Basically, there are three or four obstacles you need to overcome: 1) Knowledge of the officer you are dealing with. Some know the laws really well, some don't. I have seen some officers threaten to arrest people for carrying knives with a Spyderco opening hole because of the way it opens. We have no law remotely cloe to making that illegal here, but that doesn't mean an ignorant officer still won't put you in jail for the night, then forward the charges to the...2)Prosecutor. When the prosecutor gets the case, they determine whether to proceed with the case and go to trial. So, if the charge is carrying a double edged knife, one of the edges being serrated, you may have one Prosecutor that thinks the serrations DO constitute a second edge, another one may think they DO NOT. So, if the one that considers them a second edge goes forward, you get to see the...3)Judge. Basically, same rules apply here as with the prosecutor. Also, in Washington there is no statute that really defines a "second edge" or whether serration count, so then the judge either has to rely on case law or make case law himself. One may determine a second, serrated edge is a cutting edge, another may not, and a third may decide something else entirely. Depending on what the judge decides, your case may then go to the...4)Jury. Lets hope some of them carry knives as part of their daily routine!
I get asked a lot of questions about this kind of stuff by friends/forum members. And while it is easy for me to tell you what is or isn't illegal in Washington, that still soesn't mean you won't be troubled if stopped by the police. Sadly, I must say I am disappointed in the full grasp of laws that many LEOs have.
My suggestion is for each of you to go to the library or pull up your state laws online and research them very well. You can usually link to them through your state's criminal justice training center ( the body that trains your officers and sets their standards).
COMMENTARY: I never watch shows like COPS, Scariest Police Chases, etc. Sadly, a large number of new police officers have essentially grown up watching those shows and that is how they expect the work to be. All excitement and fun, no real work. I have seen it time and time again. Young recruits come out and engage in pursuit after pursuit without regard to policy and law, costing the agency and property owners thousands of dollars in expense. While I really do love my work, this kind of behavior really worries me. I took the work because I thought there was a higher duty involved, not because I wanted to get into pursuits and shootouts every day. I wish more of the new crop felt the same way, and actually cared more about knowing the laws...
So, this is my short way of saying that you may never know exactly how things are going to play out if, for some reason you are stopped and questioned about your knife. Remember, be responsible, don't flash your knives and guns around "inadvertantly", and, hopefully, you won't find yourself in any trouble. Also, a lot of trouble can be mitigated if you are able to justify carrying at a particular time if you live in one of those "no tolerance, no freedom" states, e.g., "I specifically felt my safety was at risk because..., so I brought my knife." This usually works out here in the West.
I hope this helps...
-Scott
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Usual Suspect In Training
Since I consider you all friends, I wanted to let you know how this works. I am speaking as a full time sheriff's deputy in one of the three largest counties in Washington state.
Basically, there are three or four obstacles you need to overcome: 1) Knowledge of the officer you are dealing with. Some know the laws really well, some don't. I have seen some officers threaten to arrest people for carrying knives with a Spyderco opening hole because of the way it opens. We have no law remotely cloe to making that illegal here, but that doesn't mean an ignorant officer still won't put you in jail for the night, then forward the charges to the...2)Prosecutor. When the prosecutor gets the case, they determine whether to proceed with the case and go to trial. So, if the charge is carrying a double edged knife, one of the edges being serrated, you may have one Prosecutor that thinks the serrations DO constitute a second edge, another one may think they DO NOT. So, if the one that considers them a second edge goes forward, you get to see the...3)Judge. Basically, same rules apply here as with the prosecutor. Also, in Washington there is no statute that really defines a "second edge" or whether serration count, so then the judge either has to rely on case law or make case law himself. One may determine a second, serrated edge is a cutting edge, another may not, and a third may decide something else entirely. Depending on what the judge decides, your case may then go to the...4)Jury. Lets hope some of them carry knives as part of their daily routine!
I get asked a lot of questions about this kind of stuff by friends/forum members. And while it is easy for me to tell you what is or isn't illegal in Washington, that still soesn't mean you won't be troubled if stopped by the police. Sadly, I must say I am disappointed in the full grasp of laws that many LEOs have.
My suggestion is for each of you to go to the library or pull up your state laws online and research them very well. You can usually link to them through your state's criminal justice training center ( the body that trains your officers and sets their standards).
COMMENTARY: I never watch shows like COPS, Scariest Police Chases, etc. Sadly, a large number of new police officers have essentially grown up watching those shows and that is how they expect the work to be. All excitement and fun, no real work. I have seen it time and time again. Young recruits come out and engage in pursuit after pursuit without regard to policy and law, costing the agency and property owners thousands of dollars in expense. While I really do love my work, this kind of behavior really worries me. I took the work because I thought there was a higher duty involved, not because I wanted to get into pursuits and shootouts every day. I wish more of the new crop felt the same way, and actually cared more about knowing the laws...
So, this is my short way of saying that you may never know exactly how things are going to play out if, for some reason you are stopped and questioned about your knife. Remember, be responsible, don't flash your knives and guns around "inadvertantly", and, hopefully, you won't find yourself in any trouble. Also, a lot of trouble can be mitigated if you are able to justify carrying at a particular time if you live in one of those "no tolerance, no freedom" states, e.g., "I specifically felt my safety was at risk because..., so I brought my knife." This usually works out here in the West.
I hope this helps...
-Scott
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Usual Suspect In Training
