Posted: 2/2/2014 4:44:31 PM EDT
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...I did a quick search and did not find a quick answer. Very simple....is an automatic blade release (switchblade) knife legal to own in Ohio. The concern is not about concealed carry....only ownership!! From my digging, in Ohio it is legal to own, illegal to conceal carry, illegal to manufacture/sell...
Any help is appreciated... P2B |
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Yes, on my phone or I'd linke the ORC. Benchmade in my pocket as I type. Game isn't worth watchin...
ETA: Lots of bad info out there, but here's some of what I found: Under Title 29 of Ohio Revised Code, §§ 2923.12, 2923.122, 2923.123, 2923.1212, you cannot carry a concealed weapon (includes a switchblade or automatic knife) in a school safety zone, a courthouse, a police station, a child care facility, a family day care facility, any correctional facility (jail, prison, community corrections center), including halfway houses and alternative residential facilities, airports, government buildings, etc & 2923.12 Carrying Concealed Weapons (A) No person shall knowingly carry or have, concealed on the person's person or concealed ready at hand, any of the following: (1) A deadly weapon other than a handgun; (D) It is an affirmative defense to a charge under division (A)(1) of this section of carrying or having control of a weapon other than a handgun and other than a dangerous ordnance that the actor was not otherwise prohibited by law from having the weapon and that any of the following applies: (1) The weapon was carried or kept ready at hand by the actor for defensive purposes while the actor was engaged in or was going to or from the actor's lawful business or occupation, which business or occupation was of a character or was necessarily carried on in a manner or at a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed. (2) The weapon was carried or kept ready at hand by the actor for defensive purposes while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor, a member of the actor's family, or the actor's home, such as would justify a prudent person in going armed. (3) The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor's own home. In the end, sounds like they can't charge you for the knife specifically because it's an automatic or (switchblade) however, just having a concealed weapon (any knife) is a chargeable offense. Probably not one that would be the primary charge, but IANAL 
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| Yes you can legally own one... But as for carry it's a no no . BUT! and this is only I heard a guy say once kinda of advice ... :) His has a clip on it and is not concealed Also it is not a knife. it is a tool he uses as an electrician.. he (the guy) has carried one for 10+ years no issues... |
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Quoted:
Yes you can legally own one... But as for carry it's a no no . BUT! and this is only I heard a guy say once kinda of advice ... :) His has a clip on it and is not concealed Also it is not a knife. it is a tool he uses as an electrician.. he (the guy) has carried one for 10+ years no issues... This is misleading. Just because a knife automatically opens does dot mean it was designed as a weapon. The only stipulation regarding switchblades is this... "II. SWITCHBLADE KNIVES. § 2923.20. Unlawful transaction in weapons. (A) No person shall... (3) Manufacture, possess for sale, sell, or furnish to any person other than a law enforcement agency for authorized use in police work, any brass knuckles, cestus, billy, blackjack, sandbag, switchblade knife, springblade knife, gravity knife, or similar weapon... (B) Whoever violates this section is guilty of unlawful transactions in weapons. A violation of division (A)(1) or (2) of this section is a felony of the fourth degree. A violation of division (A)(3) or (4) of this section is a misdemeanor of the second degree. A violation of division (A)(5) of this section is a misdemeanor of the fourth degree." It is illegal to carry ANY concealed deadly weapon, other that a handgun. That doesn't mean you have to be an electrician to carry a pocket knife.. The definition of "deadly weapon" is important... "I. DEADLY WEAPONS. § 2923.11. Definitions. As used in sections 2923.11 to 2923.24 of the Revised Code: (A) "Deadly weapon" means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon... (J) "Ballistic knife" means a knife with a detachable blade that is propelled by a spring-operated mechanism..." I underlined the important part. If you cc ANY knife that is sold as a "tactical knife", you're breaking the law, because it was designed, or adapted for use as a weapon. It would be hard to prove that you were carrying any other knife as a weapon, unless you actually used it as one. The only exception that I am aware of is Cleveland Heights, where my son lived until recently... "CLEVELAND HEIGHTS Municipal Code updated 9/2007 549.09 CARRYING CERTAIN WEAPONS PROHIBITED. (a) No person shall carry on or about his person any weapon known or designated as brass knuckles, billy, slingshot, sandbag, blackjack or other weapon of similar character, or any knife fitted with a mechanical device for automatic release of the blade, opening the knife and locking the knife in the open position, commonly known as a switch or automatic spring knife, or any knife having a blade two and one-half inches in length or longer, or any straight edge razor, or any karate sticks by whatever name known. (b) This section does not apply to any such weapons designated for use by officers of the law, or when engaged in lawful business or pursuit justifying possession of such weapon." IANAL. |
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Thanks for all the info....I find it frustrating that there is ALWAYS some ambiguity with these laws, so that even if you are legal, you feel guilty somehow, or worse, a potential criminal based on other allowed interpretations of written law. P2B I don't find the law ambiguous at all. In fact, it's written exactly how it should be. Lots of people carry knives for good reasons, including switchblades. Rather than banning whole classes of knives, they've outlawed certain behavior. You can't carry one as a concealed weapon, which I don't agree with, but at least you can still carry one. To get in trouble for having a knife, you pretty much have to be doing something else wrong, in the first place. |
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I don't find the law ambiguous at all. In fact, it's written exactly how it should be. Lots of people carry knives for good reasons, including switchblades. Rather than banning whole classes of knives, they've outlawed certain behavior. You can't carry one as a concealed weapon, which I don't agree with, but at least you can still carry one. To get in trouble for having a knife, you pretty much have to be doing something else wrong, in the first place. Quoted:
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Thanks for all the info....I find it frustrating that there is ALWAYS some ambiguity with these laws, so that even if you are legal, you feel guilty somehow, or worse, a potential criminal based on other allowed interpretations of written law. P2B I don't find the law ambiguous at all. In fact, it's written exactly how it should be. Lots of people carry knives for good reasons, including switchblades. Rather than banning whole classes of knives, they've outlawed certain behavior. You can't carry one as a concealed weapon, which I don't agree with, but at least you can still carry one. To get in trouble for having a knife, you pretty much have to be doing something else wrong, in the first place. I appreciate the input...but I do find this somewhat ambiguous. Just the words "instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon" can be ambiguous depending on who reads this and how you read it. A knife is certainly capable of, in addition to many utilitarian uses, inflicting death. Also, one may argue that an automatic opening blade is designed for quick deployment in an emergency response, rather than to ease the act of opening. The fact that many states and the federal government limit the sale of automatic blades to law enforcement, military, etc, may support that interpretation. Thus the ambiguity and the reason for my comment and frustration....even if I feel it is allowed within the words of law, there may be another interpretation out there that I might need to defend later. Thanks for all the input...I decided not to acquire what I was looking at and will stick to traditional blades with manual opening. P2B |
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I appreciate the input...but I do find this somewhat ambiguous. Just the words "instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon" can be ambiguous depending on who reads this and how you read it. A knife is certainly capable of, in addition to many utilitarian uses, inflicting death. Also, one may argue that an automatic opening blade is designed for quick deployment in an emergency response, rather than to ease the act of opening. The fact that many states and the federal government limit the sale of automatic blades to law enforcement, military, etc, may support that interpretation. Thus the ambiguity and the reason for my comment and frustration....even if I feel it is allowed within the words of law, there may be another interpretation out there that I might need to defend later. Thanks for all the input...I decided not to acquire what I was looking at and will stick to traditional blades with manual opening. P2B Quoted:
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Thanks for all the info....I find it frustrating that there is ALWAYS some ambiguity with these laws, so that even if you are legal, you feel guilty somehow, or worse, a potential criminal based on other allowed interpretations of written law. P2B I don't find the law ambiguous at all. In fact, it's written exactly how it should be. Lots of people carry knives for good reasons, including switchblades. Rather than banning whole classes of knives, they've outlawed certain behavior. You can't carry one as a concealed weapon, which I don't agree with, but at least you can still carry one. To get in trouble for having a knife, you pretty much have to be doing something else wrong, in the first place. I appreciate the input...but I do find this somewhat ambiguous. Just the words "instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon" can be ambiguous depending on who reads this and how you read it. A knife is certainly capable of, in addition to many utilitarian uses, inflicting death. Also, one may argue that an automatic opening blade is designed for quick deployment in an emergency response, rather than to ease the act of opening. The fact that many states and the federal government limit the sale of automatic blades to law enforcement, military, etc, may support that interpretation. Thus the ambiguity and the reason for my comment and frustration....even if I feel it is allowed within the words of law, there may be another interpretation out there that I might need to defend later. Thanks for all the input...I decided not to acquire what I was looking at and will stick to traditional blades with manual opening. P2B I understand your point, but consider how easy it would have been to simply add "possession" to the list of illegalities specific to switchblades. They did not. Their intent was obviously to prevent any knife from being carried as a weapon. Like you said, someone else might interpret it differently, but that will be based on your behavior, and it won't matter what kind of knife you have. If you have something like one of these, it's purpose is obvious, and there is no ambiguity. 
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I understand your point, but consider how easy it would have been to simply add "possession" to the list of illegalities specific to switchblades. They did not. Their intent was obviously to prevent any knife from being carried as a weapon. Like you said, someone else might interpret it differently, but that will be based on your behavior, and it won't matter what kind of knife you have. If you have something like one of these, it's purpose is obvious, and there is no ambiguity. http://www.coldsteel.com/images/products/43NSK_s.jpg http://www.coldsteel.com/images/products/80NT_s.jpg Quoted:
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Thanks for all the info....I find it frustrating that there is ALWAYS some ambiguity with these laws, so that even if you are legal, you feel guilty somehow, or worse, a potential criminal based on other allowed interpretations of written law. P2B I don't find the law ambiguous at all. In fact, it's written exactly how it should be. Lots of people carry knives for good reasons, including switchblades. Rather than banning whole classes of knives, they've outlawed certain behavior. You can't carry one as a concealed weapon, which I don't agree with, but at least you can still carry one. To get in trouble for having a knife, you pretty much have to be doing something else wrong, in the first place. I appreciate the input...but I do find this somewhat ambiguous. Just the words "instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon" can be ambiguous depending on who reads this and how you read it. A knife is certainly capable of, in addition to many utilitarian uses, inflicting death. Also, one may argue that an automatic opening blade is designed for quick deployment in an emergency response, rather than to ease the act of opening. The fact that many states and the federal government limit the sale of automatic blades to law enforcement, military, etc, may support that interpretation. Thus the ambiguity and the reason for my comment and frustration....even if I feel it is allowed within the words of law, there may be another interpretation out there that I might need to defend later. Thanks for all the input...I decided not to acquire what I was looking at and will stick to traditional blades with manual opening. P2B I understand your point, but consider how easy it would have been to simply add "possession" to the list of illegalities specific to switchblades. They did not. Their intent was obviously to prevent any knife from being carried as a weapon. Like you said, someone else might interpret it differently, but that will be based on your behavior, and it won't matter what kind of knife you have. If you have something like one of these, it's purpose is obvious, and there is no ambiguity. http://www.coldsteel.com/images/products/43NSK_s.jpg http://www.coldsteel.com/images/products/80NT_s.jpg OBVIOUSLY the purpose of those knives is for stabbing through automobile hoods. |