Posted: 4/13/2016 9:04:02 PM EDT
|
I know Oregon allows it, and Washington doesn't, but does anyone have any experience on interaction with LE when carrying an automatic knife in WA?
I work/spend 85% of my time in Portland, and would be ok there. But it would be easy to forget about the knife and I wouldn't want to get sent to P.M.I.T.A.P for one. Any feedback would be appreciated. |
|
My understanding is you can own one in WA but it cannot leave the house.
Of course with that last court ruling that said a knife that is a weapon is an "arm" under WA Constitution Article 1 section 24. the ban may only need someone willing to challenge it to get it thrown out. |
|
Wash. State law (RCW) is rather vague about knives. There is no definition in law of "automatic knife". Further, there are many county, city, and local laws that are also vague. The effect is that LE and the justice system can interpret the vagueness of the laws to mean whatever they want. How the laws are applied often depends on political ideology. The laws are applied differently from place to place.
Personally, I have some experience with carrying knives in Pierce Co. Wash. Even within the one County, the law is not certain. There are many overlapping municipalities. Each with their own local laws. My conclusion about all of this is to carry carefully. Keep in mind where you are. Don't carry in the more highly populated areas. Period. Don't carry in Seattle, Tacoma, Olympia, probably not safe in Vancouver. If you think your knife is illegal, it will be, somewhere. A mile down the street it will be OK. |
|
My family lives in the Seattle area, whenever I go and visit I always leave my automatic benchamde at home.
I think it is one of those things it depends on your location and what type of LE you interact with. I personally don't risk it and carry a non automatic knife. But that's just me. |
| One of my laborers got pulled over for speeding then got hand cuffed when the cop saw he had a suspended license for unpaid tickets. They searched his car. He had several cheap Chinese auto knives in the car. They asked why he had the knives then made his brother come to get him. Once his brother showed up they gave his knives back and let him go. I'm not sure about the law but i watched the whole thing from across the street and double checked they are auto knives afterwords. They didn't seem to care at all about them. It would seem beyond stupid that i could carry an ak47 pistol with a drum but not automatic knife |
|
Quoted: It would seem beyond stupid that i could carry an ak47 pistol with a drum but not automatic knife But, that is exactly what you have. Firearm laws are controlled by the state. Local authorities cannot change what is legal/illegal concerning firearms. The state says its OK to open carry a firearm in many places. As long as that firearm is legal, you can openly carry it. Knife laws are not firmly controlled by state law. Local authorities can make knife laws whatever they want. There are many circumstances where you could walk down a street carrying a firearm, but not a knife. |
|
Quoted:
But, that is exactly what you have. Firearm laws are controlled by the state. Local authorities cannot change what is legal/illegal concerning firearms. The state says its OK to open carry a firearm in many places. As long as that firearm is legal, you can openly carry it. Knife laws are not firmly controlled by state law. Local authorities can make knife laws whatever they want. There are many circumstances where you could walk down a street carrying a firearm, but not a knife. Quoted:
Quoted: It would seem beyond stupid that i could carry an ak47 pistol with a drum but not automatic knife But, that is exactly what you have. Firearm laws are controlled by the state. Local authorities cannot change what is legal/illegal concerning firearms. The state says its OK to open carry a firearm in many places. As long as that firearm is legal, you can openly carry it. Knife laws are not firmly controlled by state law. Local authorities can make knife laws whatever they want. There are many circumstances where you could walk down a street carrying a firearm, but not a knife. Ya i know i shouldn't try to apply logic to it, just hard to swallow some of the stupid bullshit. |
|
Reserve police or deputies can't carry them legally either.
First there's this, RCW 9.41.250 Dangerous weapons—Penalty. (1) Every person who: (a) Manufactures, sells, or disposes of or possesses any instrument or weapon of the kind usually known as slung shot, sand club, or metal knuckles, or spring blade knife; (b) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or (c) Uses any contrivance or device for suppressing the noise of any firearm unless the suppressor is legally registered and possessed in accordance with federal law, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. (2) "Spring blade knife" means any knife, including a prototype, model, or other sample, with a blade that is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement. A knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires physical exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife is not a spring blade knife. It's a bit of a myth to say you can have one but not carry it. I don't know where that came from. Notice the word possess up there. These are the exemptions Look at a couple things... especially military who think you can carry them anytime you want... same for cops and firefighters. Only only on official duty. No, you aren't on official duty 24/7. See if your CoC backs you if you decide to go to trial. Also look at what cops can carry them... "general authority law enforcement officer." It then defines those as full time, fully compensated. So no reserve cops or deputies. RCW 9.41.251 Dangerous weapons—Application of restrictions to law enforcement, firefighting, rescue, and military personnel. (1) RCW 9.41.250 does not apply to: (a) The possession or use of a spring blade knife by a general authority law enforcement officer, firefighter or rescue member, Washington state patrol officer, or military member, while the officer or member: (i) Is on official duty; or (ii) Is transporting a spring blade knife to or from the place where the knife is stored when the officer or member is not on official duty; or (iii) Is storing a spring blade knife; (b) The manufacture, sale, transportation, transfer, distribution, or possession of spring blade knives pursuant to contract with a general authority law enforcement agency, fire or rescue agency, Washington state patrol, or military service, or pursuant to a contract with another manufacturer or a commercial distributor of knives for use, sale, or other disposition by the manufacturer or commercial distributor; (c) The manufacture, transportation, transfer, distribution, or possession of spring blade knives, with or without compensation and with or without a contract, solely for trial, test, or other provisional use for evaluation and assessment purposes, by a general authority law enforcement agency, fire or rescue agency, Washington state patrol, military service, or a manufacturer or commercial distributor of knives. (2) For the purposes of this section: (a) "Military member" means an active member of the United States military or naval forces, or a Washington national guard member called to active duty or during training. (b) "General law enforcement agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state or any other state, and any agency, department, or division of any state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general. (c) "General law enforcement officer" means any person who is commissioned and employed by an employer on a full-time, fully compensated basis to enforce the criminal laws of the state of Washington generally. No person who is serving in a position that is basically clerical or secretarial in nature, or who is not commissioned shall be considered a law enforcement officer. (d) "Fire or rescue agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state or any other state, and any agency, department, or division of any state government, having as its primary function the prevention, control, or extinguishment of fire or provision of emergency medical services or rescue actions for persons. (e) "Firefighter or rescue member" means any person who is serving on a full-time, fully compensated basis as a member of a fire or rescue agency to prevent, control, or extinguish fire or provide emergency medical services or rescue actions for persons. No person who is serving in a position that is basically clerical or secretarial in nature shall be considered a firefighter or rescue member. (f) "Military service" means the active, reserve, or national guard components of the United States military, including the army, navy, air force, marines, and coast guard. |
|
Quoted:
Im surprised that discussion hasnt been had yet. Quoted:
Quoted:
Of course with that last court ruling that said a knife that is a weapon is an "arm" under WA Constitution Article 1 section 24. the ban may only need someone willing to challenge it to get it thrown out. Im surprised that discussion hasnt been had yet. Just throwing down some thoughts..... (Yes, we should have Constitutional Carry here, but right now we don't) 1.) Since knives are Arms, then shouldn't we have "concealed ARMS licenses" (CAL) again? Meaning that I could carry a fixed blade knife concealed with my license, or Open Carried without? 2.) Same goes for my SBRs then, right? I can carry my SBR concealed with the CAL, but open carried without it. 3.) As highlighted by the patchwork of knife laws in this state (legal or illegal changes by crossing an imaginary line...), there should be preemption on ALL ARMS as well. This is also why we need to fight any attempts to remove preemption for firearms regulations. |

