Worst nightmare came true: PD confiscated my ParaMilitary..

RazrBreed said:
what else would you suggest, I would never get over it. I would do it for $5. I am really strict when it comes to money as I and my family is pretty poor, so when we loose something its a big hit.
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Sounds like a GREAT way to go to jail. Have at it. That will save you some dough.
Vandalism is really the best way to get back at your city. Your tax paying neighbors appreciate it. The people who fix what you screw up need more work. The cops have nothing better to do than take knives for themselves. It makes your urban environment so.... shall we say 'grr...itty'?
I am sure your kids (and nephews, nieces, friend's kids) need to see this as a solution. It's a win-win situation.
20 years on when you have a more mature attitude (we hope), when you berate the 'youngsters' and thugs who display this attitude, think back on your model....
 
bhauer said:
I believe in South Dakota you can carry any weapon as long as it is in plain sight. Thus you must have a concealed weapons permit if you are carrying a weapon that cannot be seen. Sounds like the opposite in NY.
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I love the logic......If you can't see the weapon, you have to have a permit to carry it..........lol

Excuse me sir...Do you or do you not have a permit for any weapon that I can or cannot see and if you have a weapon I cannot see why don't you have a permit to carry it regardless if you have a weapon or not and if you do could I please see it.....and the permit...If you are carrying either...or not.
 
tom19176 said:
if a weapon is confiscated due to being illegal by its design that it would not be returned anywhere in the good old USA
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Oh ferchristsake, how can an item that can be legally bought retail in about half a million stores nationwide be illegal to carry / use?

Cheers, Rok
 
Rok said:
Oh ferchristsake, how can an item that can be legally bought retail in about half a million stores nationwide be illegal to carry / use?

Cheers, Rok
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The answer is that items generally considered legal and in fact legal inmany places are in fact illegal in many localities. 25 years ago I bought a BB rifle in a local Caldor department store for my sons to use in our backyard. They were target shooting in our back yard and a neighbor complained to the police. Never said anything to me. Seems like a BB gun is classified as a firearm in my town. A cop took my sons into the station and only after much complaining to his supervisor and the complaining neighbor reluctantly agreeing to drop the complaint were my sons released. They were not arrrested, but a "contact card" was filled out and kept in the station.

I had no idea that a BB rifle was illegal to shoot in my town, and you could buy it and not be told a thing by the salespeople.
 
divebuddydave said:
I had no idea that a BB rifle was illegal to shoot in my town, and you could buy it and not be told a thing by the salespeople.
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Using an item is not quite the same as simply owning it. Sure you can stab someone with a screwdriver, but the item in itself is perfectly legal to own and carry.

Nevermind, I know that law and common sense often part ways, but I can never completely get used to it.

What I also know is that using a proper legitimate argument, backed by the knowledge of the appropriate laws can get you a long way even in the court, and I sure hope this holds true in the States as it does in my country.

Cheers, Rok
 
In Illinois where I live it's a felony to possess an Auto whether it's at your house or you're carrying it. YMMV.
 
Several knives in my collection are legal to buy and own, but not carry on my person. My Buck 120, for example, is much too big (blade is 6"+) to carry in a public place.
 
Esav Benyamin said:
thefirefox, the last thing GarageBoy needs is more grief with the legal system. This is not small-town USA, it's New York City. The current anti-knife attitude is the Mayor's project. He is a classic nanny-state bureaucrat.

He has the City's legal department to deal with this. Who is paying GarageBoy's legal bills?

Going after the police is a no-win situation since they were demonstrably doing their job, no matter how much we disagree with the need for those specific laws, interpreted that way.
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Exactly. Another example of the Bloomberg police state. No smoking, no trans-fats, no weapons to defend yourself. He has an army of white shoe lawyers at his disposal who are already waging lawsuits against out of state gun stores, even though the BATF has told him to back off. He also has local judges, both state and federal, in his pocket ready and willing to do his bidding on cases like these. In NYC, you're treated like a criminal, therefore you must sneak around with a small pocket knife concealed somewhere on your person.

Those of you who are outside of NYC may feel relieved and fortunate that things aren't this way in your neck of the woods. But be aware of this: Bloomberg has organized a "coalition" of mayors from cities across the country who are participating in his unconstitutional and perhaps illegal crusade against the Second Amendment and other rights of self defense. So you might want to check and see of your local politicians/mayors are participating in King Bloomberg's social engineering. You may be closer to living in NYC than you think.
 
PV29 said:
In NYC, you're treated like a criminal, therefore you must sneak around with a small pocket knife concealed somewhere on your person.
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When I visit NYC, I'm glad to know I can carry a concealed, locking knife up to four inches in length. Few other big cities let you do so.

As for Bloomberg, his term will soon be over and done with.
 
Sorry you wound up in this situation. Some good advice in this thread so far: show up to court looking respectable and acting reasonably. Try to visit the court beforehand, so you're not nervous or feeling out of your element. I would bring a lawyer, but pleading guilty/no contest would be OK if all you face is a fine, since the fine would probably be cheaper than the lawyer. Definitely get a lawyer if it's going to generate a permanent record or felony. Get the note from your boss, and make a list of everything you use your knife for at work. Work the Boy Scout "be prepared" angle, especially if you were one.

In the future, you might consider carry in your waistband, especially if you don't tuck in your shirt. Unless you're doing cartwheels, slipping the knife in your pants with the clip behind your belt isn't detectable and is comfortable for something Para or Delica sized. Large gut may complicate this, though.

A few questions:
1. If the only issue is non-concealed carry, and the "gravity knife" charge wasn't filed, does he get the knife back since it would be legal for concealed carry?
2. Does a pouch-type belt sheath fulfill the concealment requirement? Lots of people have all sorts of things strapped to their belts these days, most of which aren't knives.
3. Does the officer need to show up and testify to make this stick? Or does the officer only need to testify if he pleads not-guilty and goes to court?
4. If a knife under the shirt prints, does that count as concealed or not concealed?

Finally, some people have accused the officer of stealing the knife. While I'm sure it happens, that doesn't seem to be the case here. He filed the paperwork, and presumably turned the knife in as evidence. If he were going to just pocket it, there would've been tougher talk (you know you can go to jail for this, $5,000 fine, we'll run your record, etc. etc. etc.) and no paperwork. Yes, I'll eat my words if evidence emerges that it made it into his pocket and not the property room.

Good luck. Hope the lesson has minimal collatoral costs.
 
So where does this issue stand now.
The law about using it for work seem like a valid justification to be proved easily in court.
 
Any news on this Garageboy?

I just got a summons in NYC for a pocket clipped leatherman:
http://leatherman.com/products/knives/e306x-e307x/default.asp

10-133 (c) - while I was on my way home from work (where I use the screw drivers and blade on the tool)

local PD threatened to arrest me for it being a "gravity knife"

looking for some information on what happened previously, and if its worthwhile to get a lawyer involved...
 
wb99, you have a point if you can prove it is a work knife but this is often not accepted by the judge. Did they take the knife from you ? This type of knife can be easily flicked open and is therefore a gravity knife ( a far more serious charge), and if they took it from you as evidence they could show the judge that it is a gravity knife and upgrade the charges against you in court. If they did not take it from you then leave it at home from now on and respond to the summons and offer your excuse that it is a work tool. The " I did not know" excuse will only get the judge mad in most cases so don't say it.....
 
tom19176,
they did take the knife. and only wrote it up as a (c) violation - in public view.
the officers also informed me that a (a) violation - gravity knife - is an arrestable offense.

looking for a lawyer now to appear with me at the summons or at least attempt to settle with a prosecutor without an appearance.
 
miaind said:
In the uk we can only legally cary a penknife, any fixed blade or even lockknife are only legal on private property, the penknife is 3.5ins max and must be in a bag. This is nonsense but covers our police for confiscating any knife at anytime, incidently, the penkinfe is illegal anywhere in a backpack if you enter any populated area, such as a pub or football ground. If you want to stay safe with the judge follow the advice of the collectors here(fantastic support!) and take a print out of this thread with you!
good luck
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Incidentally, virtually everything apart from the last sentence here, is incorrect.

Firts, laws inthe UK aren't monolithic, and the laws in England and Scotland differ - but only slightly.

The law in England is
The 1988 Criminal justice Act
Section 139, subsections 1, 2 & 3...

Quote:
139.—(1) Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.

(2) Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocketknife.

(3) This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.

(4) It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.

(5) Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him—

* (a) for use at work;

* (b) for religious reasons; or

* (c) as part of any national costume.
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A decision in an English court meant that for the purposes of the law, a locking folder is regarded as a fixed blade.
If you have a *good reason* [which being Britain, precludes self-defence] you can carry what you like.

A non-locking folding knife with blade under 3" is specifically excluded from this [like the wonderful Spyderco UK Pen Knife], and you can happily carry it in your pocket.

Some private places (like pubs or football grounds) may decide what they will allow you too carry - that isn't the law.

You are also not allowed to carry knives into school; I gather some US schools have this sort or rule too? In Britain, that is law.
 
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