MY C58 JD Smith confiscated!!

[A_Blade_Afficionado]

You started off by saying you thought J.D. had been "ripped off," now you're on 'lack of posted signage' tangent. Do you even know whether the building J.D. walked into has signs or not?

I believe JD was ripped off. The law is vague on rather he should be allowed to carry or not, and his knife was confiscated, even though it shouldn't have.

Signage should be more common. Where I live, I very rarely see signs pertaining to weapons around my town, you shouldn't be punished about something you are unaware of. I'm a responsible knife owner, don't assume I'm not because I don't know 100% on every petty BS law in this country.

You seem to enjoy jumping on my case and trying to play big brother. Was there signs on the building JD entered? I don't know, but if the signs didn't catch his attention and remind him not to bring his knife in, then the signs are ineffective and essentially nonexistant.

And to the lack of knowledge comment, I stated my opinions and interpretations. I never said to "Listen to me, my word is God," I stated what I thought, not facts. If you don't like what I have to say, then quit listening.

 

[richarjs]

what a bunch of hippies. this country is turning into france.

 

[MValborg]

you might consider rephrasing that statement before a MOD sees it... just a suggestion

 

[3Guardsmen]

I believe JD was ripped off. The law is vague on rather he should be allowed to carry or not, and his knife was confiscated, even though it shouldn't have.

The law is not vague. It is your inability to read and interpret the law that is causing you to state that it is.

The pertinent sections have already been posted, but perhaps you need to see them again!

"16-45 PROHIBITING THE CARRYING OF KNIVES OR
SIMILAR WEAPONS

16-45.2 Distribution Exception. This section shall not apply to persons who, through entities or
establishments engaged in a recognized retail or wholesale business, are involved in the sale, purchase
or repair of knives for trade, sport, hobby or recreation, including without limitation persons engaged in
the transportation to or form such entities or establishments"

Did J.D. Smith, the OP and knifemaker in question, post that he was selling, repairing, or transporting for the purpose of sale his EDC Spyderco signature model?

Last week in a trip to a federal building in Boston to renew my passport......

The answer to that is NO!

What you seem to fail to realize is that, per the Code section that Mr. Smith posted, which he seems to also think exempts him from the knife carry laws of his state, he is not allowed to carry "any knife having any type of blade in excess of two and one-half (2 1/2") inches" unless he is engaged in one of the activities the law specifies exempts him. Going into a Federal building, where other laws apply and superceed State laws, with a knife in one's pocket that has a blade length of 3-13/16” to renew one's passport, is not an accepted exemption per the law!

Signage should be more common.

So should reading comprehension classes!

Where I live, I very rarely see signs pertaining to weapons around my town, you shouldn't be punished about something you are unaware of.

Yeah, well I've never seen any signs around saying it's not alright to murder, rape and rob, so lets free all of those people wasting away in prisons who didn't know any better.

I'm a responsible knife owner, don't assume I'm not because I don't know 100% on every petty BS law in this country.

I don't assume you're not a responsible knife owner because you "don't know 100% on every petty BS law in this Country," but I do have serious doubts as to your ability to comprehend the law, which isn't indicative responsible ownership.

You seem to enjoy jumping on my case and trying to play big brother.

Well, you started off by quoting my post and telling me I was wrong. You have not been able to back up any of your misconceptions regarding your understanding (or lack thereof) of the law, except to complain about a lack of signage, which you also can't back up.

Was there signs on the building JD entered? I don't know, but if the signs didn't catch his attention and remind him not to bring his knife in, then the signs are ineffective and essentially nonexistant.

The part I bolded was all you needed to say. The rest is just more conjecture on your part.

And to the lack of knowledge comment, I stated my opinions and interpretations. I never said to "Listen to me, my word is God," I stated what I thought, not facts.

Glad you cleared that up!

If you don't like what I have to say, then quit listening.

When somebody quotes a post of mine and states that I am wrong, they have engaged me in a debate. When, in the process of debating, one spews out a bunch of wild conjecture, I point it out.

I'll leave the ball in your court as to whether or not you wish to continue this debate.

Regards,
3G

 

[3Guardsmen]

what a bunch of hippies. this country is turning into france.

What a brilliant contribution you've made to this thread!

 

[3Guardsmen]

Agreed. I seem to recall a story about a person who had a very nice expensive knife confiscated and went to the police state to get it back and the officer had it clipped to his pocket.

Freudian slip, Josh? Lol

Regards,
3G

 

[Macchina]

The law is not vague. It is your inability to read and interpret the law that is causing you to state that it is.

The pertinent sections have already been posted, but perhaps you need to see them again!

"16-45 PROHIBITING THE CARRYING OF KNIVES OR
SIMILAR WEAPONS

16-45.2 Distribution Exception. This section shall not apply to persons who, through entities or
establishments engaged in a recognized retail or wholesale business, are involved in the sale, purchase
or repair of knives for trade, sport, hobby or recreation, including without limitation persons engaged in
the transportation to or form such entities or establishments"

Did J.D. Smith, the OP and knifemaker in question, post that he was selling, repairing, or transporting for the purpose of sale his EDC Spyderco signature model?

The answer to that is NO!

HA HA! I love how enraged you get at something that doesn't even affect you. BTW, try reading your own quotes before you post such aggressive quotes against other members here. In your quote of 16-45.2, it states that he can carry if he is: "including without limitation persons engaged in the transportation to or form such entities or establishments". This means that if he is coming from or going to his shop he can carry. I don't know for sure if he was ultimately going to or from his shop, but if he was, then the law as written would exclude him from the 2.5" rule.

Also, calm down a bit, have a coke, and enjoy the forum. Don't let the vein in you forehead pop just yet, there will plenty of time for that in the future...

 

[giant1]

What they did made no one any safer. You certainly will not catch anyone truly clever or with real malicious intent this way.

Unfortunately you are right...........

This comment applies to most laws that limit ownership of weapons by law abiding citizens

 

[Smash05]

JD, if you like you can PM me. I am one of those legal eagles and am local to Boston. I would prefer to discuss it off board.

 

[A_Blade_Afficionado]

Did you read what I said? I said that the way I interpreted it I believed you were wrong, but I also said that the law is based on interpretations, so I could have been wrong. You need to relax.

Reading comprehension classes? So you're saying I'm illiterate? Look at my posts, non are erroneous, I know how to read and write, the signs aren't always posted. Unless you personally come to my town and prove there are signs at every establishment, then you are going off false knowledge.

You keep stating that there aren't signs about rape and all your other rediculous crap, those are obvious laws. They aren't open to interpretation like weapons laws are.

I think you need to relax, you're coming in here throwing a fit based on peoples opinions, rather than listening to what they have to say. I haven't said anyhong malicious but all I get are snide remarks bearing no relevance to the topic at hand, like the drug and rape comments.

You can read this and think I'm an idiot, I frankly don't care, but you're acting a bit rediculous over something so small.

 

[jdsmith02115]

HA HA! I love how enraged you get at something that doesn't even affect you. BTW, try reading your own quotes before you post such aggressive quotes against other members here. In your quote of 16-45.2, it states that he can carry if he is: "including without limitation persons engaged in the transportation to or form such entities or establishments". This means that if he is coming from or going to his shop he can carry. I don't know for sure if he was ultimately going to or from his shop, but if he was, then the law as written would exclude him from the 2.5" rule.

Also, calm down a bit, have a coke, and enjoy the forum. Don't let the vein in you forehead pop just yet, there will plenty of time for that in the future...

My shop is in my house(place of business). So, does that mean that mean If I'm any where between some location and my home that exclusionary clause applies? I would think it would apply as it's written. Opinions please.

 

[jdsmith02115]

Let's all try and remember that the Boston statute was written with the intent to keep the objects in question out of the hands of miscreants and felons; not law abiding citizens.
In fact the law was written with substantial input from the cutlery retailers of the area and AKTI. It was purposely worded so as not to unduly harass or burden lawful users of knives. I believe that the BPD knows and understands this.

 

[Smash05]

Let's all try and remember that the Boston statute was written with the intent to keep the objects in question out of the hands of miscreants and felons; not law abiding citizens.
In fact the law was written with substantial input from the cutlery retailers of the area and AKTI. It was purposely worded so as not to unduly harass or burden lawful users of knives. I believe that the BPD knows and understands this.

Talking about the Municipal Statute is moot at this point, as the Federal Regulation trumps it. I still think it is worth your time to contact the head of security for the Federal Building (Kennedy or O'Neil?) and request that they return your knife. A brief explanation and apology for your error may result in the return of your property.

 

[Les]

Let's all try and remember that the Boston statute was written with the intent to keep the objects in question out of the hands of miscreants and felons; not law abiding citizens.
In fact the law was written with substantial input from the cutlery retailers of the area and AKTI. It was purposely worded so as not to unduly harass or burden lawful users of knives. I believe that the BPD knows and understands this.

Good luck with your appeal for return of your private property.

 

[jdsmith02115]

People, I'm not trying to get the knife back. I've already gotten another. I kissed the other one goodbye the minute I walked out of the building. But I do have an issue about whether or not it is legal under the statute here to carry it and I as read them, I do have that right. Am I in error to think this?

 

[Les]

People, I'm not trying to get the knife back. I've already gotten another. I kissed the other one goodbye the minute I walked out of the building. But I do have an issue about whether or not it is legal under the statute here to carry it and I as read them, I do have that right. Am I in error to think this?

Contact the DA's office.

http://www.mass.gov/dasuffolk/da.html

 

[mdauben]

Being too lazy to research it, does the federal law at issue provide for confiscation? It's one thing to prohibit and quite another to confiscate.

There does not seem to be anything in the text of the federal law regarding confiscation, but just carrying a knife over 2.5 inches into a federal building can technically get you up to 1 year in prison plus a fine if they cared to prosecute. Compared to that, I would just as soon they confiscated my knife.

Likewise, what if they caught someone who was truly trying to sneak a knife into the building? I'd like to think they would do more than simply confiscate the knife.

Carrying "with intent...be used in the commission of a crime" into a federal building carries up to 5 year plus a fine, so there is provision for much more than confiscation there.

 

[Macchina]

I would contact the DA's office and explain to them how you interest the law. A lot of times it comes down to case law and how the law in question has been interpreted in court in the past. Good luck.

 

[Let It Bleed]

Quote:
Originally Posted by Let It Bleed
Being too lazy to research it, does the federal law at issue provide for confiscation? It's one thing to prohibit and quite another to confiscate.

There does not seem to be anything in the text of the federal law regarding confiscation, but just carrying a knife over 2.5 inches into a federal building can technically get you up to 1 year in prison plus a fine if they cared to prosecute. Compared to that, I would just as soon they confiscated my knife.

Thanks

Quote:
Likewise, what if they caught someone who was truly trying to sneak a knife into the building? I'd like to think they would do more than simply confiscate the knife.

Carrying "with intent...be used in the commission of a crime" into a federal building carries up to 5 year plus a fine, so there is provision for much more than confiscation there.

It was more of a rhetorical question, albeit poorly phrased, but I appreciate the reply.

 

[Infi-del]

Last week in a trip to a federal building in Boston to renew my passport, I tossed all of my pocket's contents, including my Spyderco JD Smith C58G, into the tray, never imaging that the following would happen; It was confiscated with explanation that I was bringing a dangerous weapon onto federal property!!!
All protests fell upon deaf ears, even though I was even tempered, modulated my voice to be calm and rational and generaly deferential and respectful. I have passed through the doors of other official buildings and my EDC's were simply held for me until I'd concluded my business in these places.
Never this kind of outrageous confiscation. We are losing this battle peolple; WRITE THOSE LETTERS!!!

That jerk probably liked your knife and figured he'd use his power to go ahead and take it for himself. I bet you there is not record of that knife being turned in or inventoried. I bet it's in his pocket right now.