Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 3/2/2014 8:46:46 PM EDT
With a Wisconsin CWL or recognized other State license may I open carry or conceal carry this fixed blade?  2nd knife down 6.25in fixed blade.



I assume I'm 100% covered either knife concealed now.  Emerson isn't a switchblade.




Local ordinances ok as well?











 
Link Posted: 3/3/2014 1:30:17 AM EDT
[#1]
I am not aware of any Licensee having to defend a blade length citation so far.   The verbiage in the Statute is "concealed weapon"..  Does that mean that a municipality with a blade length ordinance would apply to Open Carry?  I don't know.   Could a municipality charge you with disorderly conduct for Open Carry of a large knife?   I can not find any protection against this in the Statutes.    
A licensee or an out-of-state licensee may carry a concealed weapon anywhere in this state except as provided under subs. (15m) and (16) and ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r.
View Quote
j) "Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (1c) (a), a knife other than a switchblade knife under s. 941.24, or a billy club.
View Quote


.
.
Link Posted: 4/7/2014 7:58:27 PM EDT
[#2]
You do in fact need a CCL to carry a blade that's 3"+
Link Posted: 4/8/2014 7:32:35 AM EDT
[#3]
Knives ARE subject to local ordinances if you aren't CC'ing.
Link Posted: 4/8/2014 10:28:23 AM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You do in fact need a CCL to carry a blade that's 3"+
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You do in fact need a CCL to carry a blade that's 3"+

There is nothing magical about 3" anywhere in State Statutes.  A municipality could have an ordinance which prohibits 2" blades, etc. which may apply to Open and Concealed Carry.

Quoted:
Knives ARE subject to local ordinances if you aren't CC'ing.

There is no State preemption for knives.  Even if you are CCW-ing as a licensee, you may be subject to local ordinances regarding blade length.
Link Posted: 4/8/2014 12:23:42 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

There is nothing magical about 3" anywhere in State Statutes.  A municipality could have an ordinance which prohibits 2" blades, etc. which may apply to Open and Concealed Carry.


There is no State preemption for knives.  Even if you are CCW-ing as a licensee, you may be subject to local ordinances regarding blade length.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
You do in fact need a CCL to carry a blade that's 3"+

There is nothing magical about 3" anywhere in State Statutes.  A municipality could have an ordinance which prohibits 2" blades, etc. which may apply to Open and Concealed Carry.

Quoted:
Knives ARE subject to local ordinances if you aren't CC'ing.

There is no State preemption for knives.  Even if you are CCW-ing as a licensee, you may be subject to local ordinances regarding blade length.


Not disputing what you said, and I think you'll agree that it sucks.

j) "Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (1c) (a), a knife other than a switchblade knife under s. 941.24, or a billy club.


No mention of blade length limits because there are none in state statutes, but also nothing mentioned about adhering to local blade length ordinances, such as language stating "knives subject to blade lenghth restrictions of local ordinances" in the CC statute above. That misleads those with CC licenses into thinking any blade length is OK everywere... and I'm no attorney, but seems to me, that omission would be a good argument in contesting any local citation. The license specifically allows carrying of "a knife", (no further restrictions given other than not a switchblade) and a Buck Pathfinder with a 6" blade is still "a knife", which is specifically allowed for licensees by a state statute, and it's to be assumed state statutes are valid statewide.

At what blade length does a knife become a sword?

I'm not surprised there's no more definitive language regarding knives, as there's no definition for "billy club" neither. Is a billy club only something resembling, in appearance and size, the batons issued to PDs, or does it cover a "home-made" club made from an axe handle, baseball bat, or hunk of pipe? That'll likely take a court case or two to get that sorted out. Are there local ordinances limiting club size also?

Link Posted: 4/8/2014 1:11:38 PM EDT
[#6]
Is it a sports club, dance club, school club social club?



There are no ordinances or case law?  Wowzers.




I like carrying knives.  Have done so with some sacrifice in Texas dancing on the edge of legal there and also I regretfully left just as switchblades were legal to own and carry.




Let's push for better laws here in WI that include knives and knife carry as the second amendment should protect all "weapons".
Link Posted: 4/8/2014 5:50:32 PM EDT
[#7]
Hope so, because in addition to my primary sidearm, 2 extra mags, and a flashlight I like to keep a Cold Steel Safekeeper on my belt as a backup.
Link Posted: 4/10/2014 3:19:18 AM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The state level license specifically allows carrying of "a knife" ... and a Buck Pathfinder with a 6" blade is still "a knife".
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The state level license specifically allows carrying of "a knife" ... and a Buck Pathfinder with a 6" blade is still "a knife".


Quoted:
There is no State preemption for knives.


My understanding is that the more restrictive local ordinance is valid and enforceable; until challenged at the state level.

I carry whatever I want, and no one cares, because I'm minding my own business and not bothering anybody. Same as it ever was.
Link Posted: 4/10/2014 6:49:44 AM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:




My understanding is that the more restrictive local ordinance is valid and enforceable; until challenged at the state level.

View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
The state level license specifically allows carrying of "a knife" ... and a Buck Pathfinder with a 6" blade is still "a knife".


Quoted:
There is no State preemption for knives.


My understanding is that the more restrictive local ordinance is valid and enforceable; until challenged at the state level.



Agreed. But that doesn't change the fact that it is an omission is the CC statute not to say that weapons other than firearms are subject to local restrictions because they're not pre-empted, if that was the intention of the act. 11 words - "Weapons other than firearms are subject to local ordinances and restrictions" -  is all it would take.

Or, it could've granted them some pre-emption for licensees. One sentence in the statute would do it,  along these lines.... "all weapons permitted for licensees of this act are not subject to local ordinances or restrictions of such weapons for those licensees".  

By omission, maybe the legislature wanted them to remain subject to local ordinances, but I really don't think so, as it was never discussed one way or the other (AFAIK).

Same could be said for electric weapons as well as knives. AFAIK, they have no pre-emptions neither.

This is a non-issue, until such time that a licensee gets cited for violating a local blade length ordinance. Then it gets interesting.

I have no idea, but does anyone know if the DOJ's criteria for CCW classes mentions this issue? Are students of these classes made aware of this, or do the classes just focus on firearms?
Link Posted: 4/10/2014 7:10:46 AM EDT
[#10]



Discussion ForumsJump to Quoted PostQuote History
Quoted:
This is a non-issue, until such time that a licensee gets cited for violating a local blade length ordinance. Then it gets interesting.



View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:






Quoted:



The state level license specifically allows carrying of "a knife" ... and a Buck Pathfinder with a 6" blade is still "a knife".




Quoted:



There is no State preemption for knives.

My understanding is that the more restrictive local ordinance is valid and enforceable; until challenged at the state level.

This is a non-issue, until such time that a licensee gets cited for violating a local blade length ordinance. Then it gets interesting.



It's gotten interesting before in TX for me.  Spent the night in jail and have some lawyer bill receipts only to have the ADA dismissed the charges saying I never should have been arrested.





I was carrying a handgun and they charged me for a knife that was, in their mistaken eyes, too long.

 
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top