e_utopia,
At least in the State of Maine, I'm not certain that you are right about knives (which I discuss below). (If I have the energy, I'll look up Mass. state law and put it in a later post.)
However, Maine is a shall issue state!
You can obtain a permit to carry a concealed firearm by simply jumping through the hoops and otherwise meeting the criteria set forth in CHAPTER 252, § 2003. PERMITS TO CARRY CONCEALED FIREARMS.
In relevant part, it states:
1. Criteria for issuing permit. The issuing authority shall, upon written application, issue a permit to carry concealed firearms to an applicant over whom it has issuing authority and who has demonstrated good moral character and who meets the following requirements:
A. Is 18 years of age or older;
B. Is not disqualified as a permit holder pursuant to Title 15, section 393, subsections 1 and 2;
* * *
D. Submits an application that contains the following:
(1) Full name;
(2) Full current address and addresses for the prior 5 years;
* * *
So, clearly you have at least one great advantage.
Now, about whether you can conceal a knife. Lets look at some of the law:
CHAPTER 252: PERMITS TO CARRY CONCEALED FIREARMS [CCW]
§ 2001. . . No person may display in a threatening manner, or wear under his clothes or conceal about his person, any firearm, sling shot, knuckles, bowie knife, dirk, stiletto or other dangerous or deadly weapons usually employed in the attack on or defense of a person, unless excepted by a provision of law.
The provisions of this section concerning the carrying of concealed weapons do not apply to:
1. Permit issued. Firearms carried by any person to whom a valid permit to carry a concealed firearm has been issued as provided in this chapter;
* * *
3. Hunting knives. Knives used for the purposes of hunting, fishing or trapping as defined in Title 12, section 7001;
* * *
It appears that, even with a permit to carry and conceal a firearm, you cannot conceal a bowie knife, dirk, stiletto or other dangerous weapon usually employed . . .
Obviously, the question is whether your carry knife is included in any of the above categories. Your state may have some case law that I could not find on this issue, but based strictly on the language of the statute, I think an argument can be made that the inclusion of a list of knives specifically outlawed demonstrates legislative intent that a different kind of knife is legal to carry (i.e. a pocket knife).
I do not think that a pocket knife falls within the definition of a dangerous weapon usually employed in the attack on or defense of a person.
While it's hard to figure exactly what your legislature intended with that phrase, Usually employed, would seem to mean something commonly encountered, experienced, or observed, or regularly or customarily used, or in conformity with regular practice or procedure.
Personally, I have a hard time fitting a pocket knife, or even a Kasper Fighting Folder, into the category of regularly and customarily used to attack or defend. Maybe once in a lifetime. But not usually.
Unfortunately, there is another hurdle. We need to establish that the pocket knife or KFF does not fall within yet another the definition of a dangerous weapon:
TITLE 17-A: MAINE CRIMINAL CODE
* * *
§ 2. Definitions
* * *
C. . . ."dangerous weapon" means a firearm or any device designed as a weapon and capable of producing death or serious bodily injury.
* * *
This one seems a bit easier. My knives are designed as utility pieces, and I use them exclusively as such. On the other hand, if the thing has fighter stamped into the blade, you are out of luck. The KFF would seem to be a problem.
In a recent Maine Supreme Court case, State v. Glenn Stinson, a Mr. Stinson
pulled out a jackknife, opened the knife and pointed it at another person. They were virtually nose to nose when Stinson pulled out the knife.
There was no doubt and thus no discussion about whether the jackknife, which was not otherwise described, was used as, and constituted under the circumstances, a dangerous weapon.
In summary, a gun is almost always better than a knife, and it is clear that you can gain a permit to conceal the gun.
As to the knife, I think it will depend on the circumstances. If you are just stopped and an officer sees that you have a tactical folder, I think there is little likelihood of you being charged with concealing a dangerous weapon. Just don't be like me and piss the guy off! And obviously, never admit that you intend to use it as a weapon.
So, contrary to your statement, I think it would take quite a bit more than merely concealing a knife to make you a felon.
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Cameron Reddy
[This message has been edited by Cameron Reddy (edited 06-15-2000).]
