Top Locks and CT

[mp510]

Chris,
I was wondering what the legal status is on the Boker Top Lock type knives in CT, and whether they happen to be considered switchblades. They use a button on the side to lock and unlock the blade, however the blade is just like a traditonal lock knife blade and is not spring loaded.
Here is an image of the sort of knife in question:

And, are 'assissted opening' knived classified as dangerous weapons (switchblades) or are they regulated only as much as traditional pocket knives.

My last question involves those utility knives that accept razor blades that have come onto the market recently. Those are considered 'dangerous weapons', correct? I know the word razor is mentioned, and was probably mean to mean a straight razor, but no distinction is made. Is my assumption correct?

Thanks

 

[Chris Meyer]

mp510,

Top locks like the Bokers are just ordinary lock blade knives. They have no springs to automatically open them, so they can't be considered switchblades. As long as it's not a "knife the edged portion of the blade of which is four inches or over in length" you're all set. As I've mentioned in the past, possessing a hunting or fishing license now allows you to carry a knife without worrying about the blade length. Note that the statutes don't say that you having to be actively hunting or fishing, although that was likely the intent of the legislation.

As for assisted opening knives, I don't believe that they constitute switchblades and the federal government agrees. They are not knives "having an automatic spring release device by which a blade is released from the handle", you have to open them part way before the spring or piston kicks in. I know of no case where someone has been arrested for carrying an assisted opener, and I don't believe that the state would be able to meet the burden of proof to show that it was a "switchblade". That being said, I don't care for assisted opening knives just because they draw undue attention, as people usually think that they are switchblades. Closer inspection would reveal to anyone who is not an idiot that they are not switchblades, but who needs that extra scrutiny. If I'm going to carry a knife that everyone's going to think is a switchblade anyway, then I'll carry the real deal. ...Just my opinion.

As for the knives that open like a folder but use a razor blade, they should be perfectly legal (unless they are switchblades or have blades over 4" long.) 53-206 contains some case cites at the end like "Compared with section 29-38. 10 CS 272. A razor is not a dangerous or deadly weapon per se. Whether it becomes one is a question of fact for the trier. The fact that a razor is specifically included in section 53-207 does not mean that it is excluded from this section." (53-207, Carrying of knife or razor with intent to assault, was repealed before I became a Police Officer, over 22 years ago.) 53-206 also includes; "Cited. 5 Conn. Cir. Ct. 313. Knife not coming within description of statute cannot be included as 'any other dangerous or deadly weapon' and is not with prohibition of this section. Id., 551." Therefore, these types of razor knives appear to be perfectly legal. If you were to assault a person with one, then it could be considered Assault with a Dangerous Instrument (just like if you stabbed them with a pencil).

The two operative statutes in CT are 53-206 (Carrying of dangerous weapons prohibited) and 29-38 (Weapons in MVs). Let me know if you have any further questions.

 

[mp510]

From 29-38 Weapons in Motor Vehicles:

(F) any person holding a valid hunting, fishing or trapping license issued pursuant to chapter 490 or any salt water fisherman while having such knife in a vehicle for lawful hunting, fishing or trapping activities,

From 53-206 Carrying of dangerous weapons prohibited

(3) the carrying of a knife, the edged portion of the blade of which is four inches or over in length, by (A) any member of the armed forces of the United States, as defined in section 27-103, or any reserve component thereof, or of the armed forces of this state, as defined in section 27-2, when on duty or going to or from duty, (B) any member of any military organization when on parade or when going to or from any place of assembly, (C) any person while transporting such knife as merchandise or for display at an authorized gun or knife show, (D) any person who is found with any such knife concealed upon one's person while lawfully removing such person's household goods or effects from one place to another, or from one residence to another, (E) any person while actually and peaceably engaged in carrying any such knife from such person's place of abode or business to a place or person where or by whom such knife is to be repaired, or while actually and peaceably returning to such person's place of abode or business with such knife after the same has been repaired, (F) any person holding a valid hunting, fishing or trapping license issued pursuant to chapter 490 or any salt water fisherman carrying such knife for lawful hunting, fishing or trapping activities,

Given the language in the two statutes I would tend to agree with you and I believe that you probably are right about people with hunting and fishing licenses being able to carry an over 4" even while not engaged in or enrout to/from hunting and fishing activities. I hold a combo license, hunting & fishing, and it's just not a stunt that I want to try. Personally I don't want to rely on running into a cop who either isn't 100% familiar with the wording, or who interprets it to mean what we believe it was intended to allow. As Murphy's law says "what can go wrong will". Anyhow, I have put quite a bit of effort into finding sub 4" fixed blades for non hunting/ fishing outdoor sports.

Thanks- You are always a wealth of information

 

[Chris Meyer]

mp510,

I didn't say I recommended carrying a knife over 4" in length when you have a hunting/fishing license but are not actually involved in one of those pursuits. I do not recommend doing so. I agree with you, it's not worth the risk (or the aggrivation) of carrying one and hoping that the Police Officer actually has read and understands those parts of the statutes. I don't even carrying a knife over 4" because I don't want to have to explain the law. I would like to see someone (other than me) test the statute and have it decided in our favor though. Of course then the legislature would probably ammend the statute again.