User Panel
Posted: 5/24/2005 6:43:07 PM EDT
OK I looked but couldn't find a definite answer.
How long a blade can I carry(openly, as in you can see the clip and a little bit of it hanging out of my pocket)? At what point do I need to get my ccw? |
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I'm no lawyer, but I've pasted a couple relevant knife laws below. Carrying any fixed blade knife concealed is asking for trouble. The definition of "dirk" and "dagger" is too vague. AFAIK, there is no length limit on any blade, whether concealed or open. You just can't carry a "dirk" or "dagger" (which a prosecutor will argue is any fixed blade, even though that isn't true) concealed. Not sure that a cop/prosecutor would agree that carrying a fixed blade knife in your pocket is open carry. I wouldn't risk it myself.
Bernard Levine has an excellent site on knife laws. I believe he's based out of Oregon. And a CHL doesn't cover anything but handguns. AFAIK there is no license to carry concealed weapons other than handguns. Pretty stupid, but most laws are. ETA: The second law I pasted below doesn't say anything about concealed or open carry. If you carry a "dirk" or "dagger" in a public building, it's a felony. Bye bye gun rights.... --------------------- Oregon Public Order Offense 166.240 Carrying of concealed weapons. (1) Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor. * * * * * * * * * PUBLIC BUILDINGS, INCLUDING SCHOOL BUILDINGS 166.360 (5) "Weapon" means: (b) Any dirk, dagger, ice pick, slingshot, metal knuckles or any similar instrument or a knife other than an ordinary pocket knife, the use of which could inflict injury upon a person or property... 166.370 (1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony. |
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IIRC a knife with an edge on each side is specifically banned. I had to give my Dad my favorite Gerber boot knife when I moved here...
Funny, I don't see that in ORS anymore...I wonder where I found that.? |
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I didn't clerify enough...I have a 5" folder, not fixed knife.
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In that case, no problem in your pocket, as long as it's not a switchblade or balisong. I carry a Spyderco everyday, everywhere. Concealed is OK for a folder. It's just a "pocket knife," right? |
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well there ya go.
there is no law in the ORS addressing the legality of a knife based on the length of the blade. you have ORS 166.240 that was cited above, only applies to concealed weapons, and doesn't take length into consideration. |
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I feel nakes without my knife. hinking.gif
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I think that is the definition of "dirk or dagger" Is possesion banned, or just carrying it? I saw lots of double-edged knives at the las show. |
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Used to be you couldn't carry a knife that had a blood grove on it. (Part of the definition)
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A dirk or dagger is usually defined as a double-edged fixed-blade knife. They are only illegal to carry concealed. Fully legal to own otherwise. Here are Bernard Levine definitions, from Levine's Guide to Knives and Their Values: A) "Dagger: A knife with two or more sharp edges that is designed primarily for stabbing." B) "Dirk: 1) A small dagger. 2) A Scottish knife intended as a sidearm." As stated above, there are no length limits, no bans of daggers/dirks (yet), no bans on "blood grooves," or anything else of the sort here in Oregon. You just can't carry a dirk/dagger/switchblade concealed, nor can you carry one in a "public building," whether concealed or open. Otherwise, go to town. Balisongs are in a gray area--at least one court has considered them switchblades, while other courts have not. ETA: Looking at Levine's site again, it does appear that not all dirks/daggers are fixed-blade. I think the key characteristic is the double-edge. Here's his description of a case he turned down: SAN JOSE, SANTA CLARA COUNTY, CALIFORNIA; May 1996 People vs. Cordova, Cal. PC 12020 (felony concealed dirk or dagger). Client: Alfred S. Wright, attorney. Cordova was stopped by police, found to have an outstanding warrant, and then found to have in his pocket a switchblade knife. However rather than being charged with possession of a switchblade (Cal. PC 653k), a misdemeanor, he was charged with concealed carry of a dirk or dagger (Cal. PC 12020), a felony. Cordova had two prior felony convictions, so under California's "three strikes" law, he was facing a mandatory sentence of 25 years to life for a third felony conviction of any type. Pending trial on this charge he was being held in jail in lieu of $5,000,000 bond. Mr. Wright obtained photos of the knife, and sent them to me along with a substantial retainer check. Unfortunately for his client (and for me), the knife at issue, in addition to being a switchblade, was also a "dirk or dagger." Therefore I declined to testify, and returned the retainer check. |
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ok sorry for the suto jack but...
i carry a Balisong knife on my belt.. sometimes though my shirt covers it.. even though i am carrying it on my belt is that considerd to be conceald? i stoped carrying it when the when i got questioned about this and was not sure.. Jess |
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The law is too ambiguous for a difinitive answer. I was always told by my brother in law (leo) that you can't carry any knife that uses centrifugal force or a spring to open it. I also remember him saying that you CAN carry a double edged knife as long as it wasn't over a certain length. But I've also heard things to the contrary to all of that so who really knows? All I know is not to carry any kind of knife into government buildings. It may be okay in some instances but I'm not going to find out which is okay.
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This is the reason I skipped quite a few criminal law classes. Just a bunch of ambiguous shit
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It is.
Beware of knives with loose liner locks - centrifugal force doesn't have to be the means to which it is supposed to open - if your folding knife can be opened by a flick of the wrist, or some forceful motion other than using your hands to unfold it nicely, it can be considered an evil concealed knife felony weapon badwrong. |
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fixed it for ya |
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www.leg.state.or.us/ors/166.html
166.240 Carrying of concealed weapons. (1) Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor.(2) Nothing in subsection (1) of this section applies to any peace officer as defined in ORS 133.005, whose duty it is to serve process or make arrests. Justice courts have concurrent jurisdiction to try any person charged with violating any of the provisions of subsection (1) of this section. |
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CCW Is for a handgun "ONLY".... It is not for any other weapons..... Including knives, rifles, shotguns, etc........... |
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The key is not what you carry or how big it is, but how you carry it...It seems where the biggest problems arise is if you fail the attitude test, if the officer even know the laws on knives to begin with, what you are doing when someone would be checking you for weapons, or if the officer feels its concealed. I carried a Bali for years when I lived in on that side of the river. Always in a belt sheath on the waist. I never had any problems at all. It was like everyone elses leatherman tool as far as I was concerned. Now I live in a state that I can carry a handgun but not a Balisong period. They are controlled items here in Washington along with automatics...
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How do you figure? A lot of cops in urban areas (Portland Metro, Eugene/Springfield, etc.) are jackboots, and don't really give a shit about race. Also, please note that I said "a lot", not all. There are many exceptions, but unfortunately, there's a dominance of asshole cops, or they're the ones that are out in force. |
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Carry a nice benchmade auto on the pocket with the clip, it's not concealed and will do whatever you want of a nice carry knife. If you're worried about it being too hidden in plain sight put it in a buck knife case on your belt. I've never heard of anyone being hassled with one. A big part is not looking or acting like a scumball.
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big thumbs up |
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To own, but not to conceal carry. |
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Uhhh... *scratches head* I already said conceal... |
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you have got to be the dumbest bunch around. you hvae a link to the ORS on the issue, hell, i even gave you highlighed information for some of the good stuff. and you're still bickering about the whole damn thing? grow up guys...
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Lick my balls? We're discussing the issue. Deal with it, or piss off. |
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HEy asshat, it ain't illegal in Oregon to conceal a rifle or shotgun in your car! I can (and do) carry a loaded rifle or shotgun in my vehicle. Go back to Kalifornia if ya don't like it! Your avatar reminds me of my asshat neihber, who's from Komiforniastan! If ya don't know the law in the state you alledgadly live in, THEN SHUT THE FUCK UP!!!!!!!!!!!!!!!!!!! |
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Wow. First of all, keeping a loaded rifle or shotgun in your trunk isn't concealed carry. I don't know the technicalities of keeping a loaded rifle or shotgun in your vehicle, concealed, within ready access, and whether or not that's considered "illegal conceal carry". Sounds like he's pretty up on the law - he was pointing out that a CCW/CHL doesn't allow you to conceal carry a knife, rifle, whatever - in Oregon, it's a concealed handgun license - that's it. No SBR, no SBS, no knife, nothing. |
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exactaly, becasue its legal to cary a knife w/o a CHL. |
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With extreme limitations, as we've discussed. Hence, why it's NOT legal to carry an auto knife, balisong, etc. |
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exactaly. those, plus dirks, daggers, and icepicks are the only 'knive"ish weapoins you're not allowed to cary around. |
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Quoted:
HEy asshat, it ain't illegal in Oregon to conceal a rifle or shotgun in your car! I can (and do) carry a loaded rifle or shotgun in my vehicle. Go back to Kalifornia if ya don't like it! Your avatar reminds me of my asshat neihber, who's from Komiforniastan! If ya don't know the law in the state you alledgadly live in, THEN SHUT THE FUCK UP!!!!!!!!!!!!!!!!!!! Now are you giving opinion or legal advice here? If I get busted for a loaded rifle under my front seat are you coming to bail me out? Better yet you call me from jail so I can tell you "I told you so". Each and everything I said is the truth and can be backed up.... It is people like you that "know" the law that screw it up for the rest of us...... look below for legal advise |
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(A.) It looks like you're giveing legal advice now! (NO I'm not giveing legal advice, that's why I maintain five attorneys on retainer)
(B.) If I get arrested for haveing a loaded shotgun under my seat I'll be on the road to financial indepentance! I'll take EVERYTHING but the cops life! (house, wife, car, retirement, job, ect, ect, ect.) (C.) Read where it says about carrying a handgun in a vehicle, DOES NOT APPLY TO LONG GUNS! VERY specific.
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I give up.... You are just to smart for me... Anyone who has "five attorneys on retainer" is surely "on the road to financial indepentance" §;-)
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If you live in the Portland area check out thier city ord's.
At least it used to be you couldn't carry "any" loaded firearm. I'm not sure if or when it's changed if it has. Just trying to help. |
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Yep, still is illegal unless you have a CHL (or are going to the range, going hunting/fishing, etc.). 14A.60.010 Possession of a Loaded Firearm in a Public Place. A. It is unlawful for any person to knowingly possess or carry a firearm, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the firearm. B. It is unlawful for any person to knowingly possess or carry a firearm and that firearm’s clip or magazine, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the clip or magazine. C. The following are exceptions and constitute affirmative defenses to a violation of this Section: 1. A police officer or other duly appointed peace officers, whether active or honorably retired. 2. A member of the military in the performance of official duty. 3. A person licensed to carry a concealed handgun. 4. A person authorized to possess a loaded firearm while in or on a public building under ORS 166.370. 5. A government employee authorized or required by his or her employment or office to carry firearms. 6. A person summoned by a police officer to assist in making arrests or preserving the peace, while such person is actually engaged in assisting the officer. 7. A merchant who possesses or is engaged in lawfully transporting unloaded firearms as merchandise. 8. Organizations which are by law authorized to purchase or receive weapons from the United States or from this state. 9. Duly authorized military or civil organizations while parading, or their members when going to and from the places of meeting of their organization. 10. A corrections officer while transporting or accompanying an individual convicted of or arrested for an offense and confined in a place of incarceration or detention while outside the confines of the place of incarceration or detention. 11. Persons travelling to and from an established target range, whether public or private, for the purpose of practicing shooting targets at the target ranges. 12. Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition. 13. A person authorized by permit of the Chief of Police to possess a loaded firearm, clip, or magazine in a public place in the City of Portland. 14. A security guard employed at a financial institution insured by the Federal Deposit Insurance Corporation while the security guard is on duty. www.portlandonline.com/auditor/index.cfm?&a=15437&c=28514 |
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