Masteroffajitas
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Minnesota Knife age and length rules? Anybody know?
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Minnesota
- Thread starter Masteroffajitas
- Start date
Minnesota at the state level has very vague laws regarding knives, but are as follows (truncated for simplicity):
"Dangerous weapon" means...any device designed as a weapon and
capable of producing death or great bodily harm.
It then states that it is illegal to:
possesses any other dangerous article or substance
for the purpose of being used unlawfully as a weapon
against another...
I know, that's pretty vague. It basically means that knives that are "designed as weapons" are likely to be considered illegal, but knives designed as "tools" are not. And MN has no limits based on age. So you can have swiss army knife, or a simple lock-back, but not say a Applegate-Fairbairn Combat Folder.
Getting into the lawyerin', I base the above statement on caselaw from you state:
-------------------
In the Matter of the Welfare of: C.A.D., Child. (2001)
"On that day, C.A.D. fought with another student, but the fight did not involve the knife, which school authorities ultimately recovered. The knife blade is three and one-quarter inches long, single edged, and locks in the open position. The state charged respondent with possession of a dangerous weapon on school property"
"because the parties stipulated that respondent did not use or intend to use the buck knife in this case in a manner calculated or likely to produce death or great bodily harm, the only question before us is whether, as a matter of law, the buck knife was "designed" as a weapon capable of producing death or great bodily harm within the meaning of Minn. Stat. § 609.02, subd. 6."
"The knife in this case appears to be of the type commonly sold by persons engaging in outdoor recreation and there is no evidence that it is either marketed or primarily used as a dangerous weapon. While there is no conceivable reason for this knife to be present on school grounds, this fact alone is not sufficient to allow us to conclude that the buck knife was designed as a weapon."
Having determined that the buck knife is not designed as a dangerous weapon, and absent evidence of actual or intended use as a dangerous weapon, we cannot conclude that the buck knife is a dangerous weapon within the meaning of Minn. Stat. § 609.02, subd. 6. Nothing in the statutory scheme prevents school districts from enacting their own policies to prohibit objects, including knives, on their premises. However, we decline to extend the statutory definition of dangerous weapon, which in turn supports a felony possession charge under Minn. Stat. § 609.66, subd. 1d(a), beyond the scope enunciated by the Minnesota Legislature.
Affirmed.
-----------
The sum up? The charges against boy were dismissed, and the high court upheld. Mind he is minor too, adding credence that MN has no age limits. And it is the State's burden, not yours, to prove it is "designed as weapon" (per In the Matter of the Welfare of: P.W.F., Child. 2001).,
I hope this answers your question. I can explain certain parts in more detail if you want.
"Dangerous weapon" means...any device designed as a weapon and
capable of producing death or great bodily harm.
It then states that it is illegal to:
possesses any other dangerous article or substance
for the purpose of being used unlawfully as a weapon
against another...
I know, that's pretty vague. It basically means that knives that are "designed as weapons" are likely to be considered illegal, but knives designed as "tools" are not. And MN has no limits based on age. So you can have swiss army knife, or a simple lock-back, but not say a Applegate-Fairbairn Combat Folder.
Getting into the lawyerin', I base the above statement on caselaw from you state:
-------------------
In the Matter of the Welfare of: C.A.D., Child. (2001)
"On that day, C.A.D. fought with another student, but the fight did not involve the knife, which school authorities ultimately recovered. The knife blade is three and one-quarter inches long, single edged, and locks in the open position. The state charged respondent with possession of a dangerous weapon on school property"
"because the parties stipulated that respondent did not use or intend to use the buck knife in this case in a manner calculated or likely to produce death or great bodily harm, the only question before us is whether, as a matter of law, the buck knife was "designed" as a weapon capable of producing death or great bodily harm within the meaning of Minn. Stat. § 609.02, subd. 6."
"The knife in this case appears to be of the type commonly sold by persons engaging in outdoor recreation and there is no evidence that it is either marketed or primarily used as a dangerous weapon. While there is no conceivable reason for this knife to be present on school grounds, this fact alone is not sufficient to allow us to conclude that the buck knife was designed as a weapon."
Having determined that the buck knife is not designed as a dangerous weapon, and absent evidence of actual or intended use as a dangerous weapon, we cannot conclude that the buck knife is a dangerous weapon within the meaning of Minn. Stat. § 609.02, subd. 6. Nothing in the statutory scheme prevents school districts from enacting their own policies to prohibit objects, including knives, on their premises. However, we decline to extend the statutory definition of dangerous weapon, which in turn supports a felony possession charge under Minn. Stat. § 609.66, subd. 1d(a), beyond the scope enunciated by the Minnesota Legislature.
Affirmed.
-----------
The sum up? The charges against boy were dismissed, and the high court upheld. Mind he is minor too, adding credence that MN has no age limits. And it is the State's burden, not yours, to prove it is "designed as weapon" (per In the Matter of the Welfare of: P.W.F., Child. 2001).,
I hope this answers your question. I can explain certain parts in more detail if you want.