User Panel
Posted: 9/23/2001 8:19:52 AM EDT
Apparently here in Bellevue, a tactical folder is considered an illegal "dangerous weapon" Of course, the people who sold them to me and my brother, and the people at local gun stores both said the same. Apparently neither of them had been locked in the back of a police cruiser for carrying theirs. So this morning I looked it up in the state laws, and it seems to be true. So what gives, why are these things sold if they're illegal, and why the hell are they illegal?
RCW 9.41.250[url]http://search.leg.wa.gov/wslrcw/RCW%20%20%209%20%20TITLE/RCW%20%20%209%20.%2041%20%20CHAPTER/RCW%20%20%209%20.%2041%20.250.htm[/url] RCW 9A.20.021[url]http://search.leg.wa.gov/wslrcw/RCW%20%20%209A%20TITLE/RCW%20%20%209A.%2020%20%20CHAPTER/RCW%20%20%209A.%2020%20.021.htm[/url] |
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... Hell, in Arizona "automatics" are legal.
... ever see a Benchmade BM9100SBT ? ... they're mean and robust [img]http://www.knifecenter.com/knifecenter/bnchmd/images/9100p.gif[/img] |
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As I understand the law here in California that the only person who can own a knife that can be opened with one hand in a one handed man.
It's pretty darn hard to find a knife that doesn't have a thumb button or hole... not that I've bothered. |
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I hear $2 boxcutters work pretty well.
Or if they're regulated too you could check out the alternate uses of bricks, rope and your hands detailed in the now-notorious Military Studies in the Jihad Against The Tyrants at [URL]http://www.thesmokinggun.com/archive/terrmanual2.shtml[/URL] Silly weapons restrictions affect the law abiding, not the criminals. |
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Quoted: As I understand the law here in California that the only person who can own a knife that can be opened with one hand in a one handed man. It's pretty darn hard to find a knife that doesn't have a thumb button or hole... not that I've bothered. View Quote Almost, but the law is for automatic knives. One hand folders are legal for concealment, up to a 3 7/8" blade. |
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RCW 9.41.250
Dangerous weapons -- Penalty. Every person who: (1) 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, or any knife the blade of which 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; (2) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or (3) Uses any contrivance or device for suppressing the noise of any firearm, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. [1994 sp.s. c 7 § 424; 1959 c 143 § 1; 1957 c 93 § 1; 1909 c 249 § 265; 1886 p 81 § 1; Code 1881 § 929; RRS § 2517.] NOTES: Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540. Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010. |
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Quoted: RCW 9.41.250 Dangerous weapons -- Penalty. Every person who: (1) 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, or any knife the blade of which 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; (2) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or (3) Uses any contrivance or device for suppressing the noise of any firearm, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. [1994 sp.s. c 7 § 424; 1959 c 143 § 1; 1957 c 93 § 1; 1909 c 249 § 265; 1886 p 81 § 1; Code 1881 § 929; RRS § 2517.] NOTES: Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540. Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010. View Quote ... what state is this? |
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Quoted: RCW 9.41.250 Dangerous weapons -- Penalty. Every person who: (1) 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, or any knife the blade of which 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; (2) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. View Quote The way I read that a knife like a Benchmade or Spyderco liner lock that is opened with the hand via a thumb stud on the blade doesn't fall into those categories! That is virtually identical to the wording in Texas law for illegal weapons & one handed liner locks are all the rage down here. Legally I might add!! I know automatic knives are illegal here to carry & I think to possess but I see them for sale all the time at gun shows. I know Oregon allows automatic knives. |
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Quoted: Apparently here in Bellevue, a tactical folder is considered an illegal "dangerous weapon" Of course, the people who sold them to me and my brother, and the people at local gun stores both said the same. Apparently neither of them had been locked in the back of a police cruiser for carrying theirs. So this morning I looked it up in the state laws, and it seems to be true. So what gives, why are these things sold if they're illegal, and why the hell are they illegal? I'm here in Seattle and always carry my Emerson CQC7 along with my carry gun and never had any problems. Just how did you get busted!? |
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Capro,
What part of the RCW that you cited references "tactical folders"? Unless you have an automatic knife, butterfly knife, or something similar, a folding knife is not considered illegal. Local laws may be more strict in reference to knives, but folding knives are not illegal under state law. |
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I'm no knife law expert, but I highly doubt that any knives are illegal to [i]possess[/i]. Carrying is a different story. In MD, "automatics", and butterfly knives are illegal to [i]carry[/i].
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Quoted: Quoted: ... Hell, in Arizona "automatics" are legal. ... ever see a Benchmade BM9100SBT ? ... they're mean and robust [img]http://www.knifecenter.com/knifecenter/bnchmd/images/9100p.gif[/img] View Quote Legal to own but not carry....just to clarify. John View Quote ... Not at all true! |
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To answer one of the questions, I believe this would be Bellevue, Washington.
And yes, I am also curious as to how a "tactical" is defined... Can you give us make & model to work with? |
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Quoted: Quoted: Quoted: ... Hell, in Arizona "automatics" are legal. ... ever see a Benchmade BM9100SBT ? ... they're mean and robust [img]http://www.knifecenter.com/knifecenter/bnchmd/images/9100p.gif[/img] View Quote Legal to own but not carry....just to clarify. John View Quote ... Not at all true! View Quote You are right! I have been held under the cloud of stupidity once again. Never take the word of a cop especially if he's your friend! Seriously I was told you can posses and collect but not carry until I researched it online and indeed you can carry in AZ. And if you have a CCW I'm going to assume you can carry it concealed as well. John |
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John,
In fact I do possess a CCW but that is not the reason the law says I [u]can[/u] carry it. I propose a gentlemanly challenge to you to quote verse and paragraph the Arizona Revised Statute that clearly states that it is illegal. In other words, what exactly would you arrest me for when you realized that I was carrying one. I went through this thoroughly prior to spending $175 on my auto. I too have close friends and family in law enforcement and have yet to interpret the law differently. Thanks, Steve |
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The person arrested was my brother.
The instrument was a 50/50 Spyderco Endura. The city was Bellevue. And to clarify, he wasn't arrested, he was put in the back of the cruiser, scolded, and then the knife was handed over to my dad. I've carried my Spyderco Endura since freshman year in highschool, and I am now a junior in college. I've never had a problem either. It's a damn useful tool, and very reassuring to have on my when I end up in usavory areas late at night. |
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Quoted: John, In fact I do possess a CCW but that is not the reason the law says I [u]can[/u] carry it. I propose a gentlemanly challenge to you to quote verse and paragraph the Arizona Revised Statute that clearly states that it is illegal. In other words, what exactly would you arrest me for when you realized that I was carrying one. I went through this thoroughly prior to spending $175 on my auto. I too have close friends and family in law enforcement and have yet to interpret the law differently. Thanks, Steve View Quote Steve, It seems you just want or like to argue..... Anyway, If you read my post thoroughly ... stating your correct... I said "until I researched it online and indeed you can carry in AZ." And to clarify the CCW portion you can only carry a pocket knife concealed unless the blade is under a certain length.(Don't jump all over me if I'm wrong I'm just guessing here that it's 2 1/2 inches or less but I haven't looked it up yet to confirm) If you have a CCW you can carry regardless. I'm assuming the auto is going to have a longer blade. If you want to debate the interpretation of this post please do via e-mail and lets stop treading on Capro's thread. John |
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Quoted: Quoted: John, In fact I do possess a CCW but that is not the reason the law says I [u]can[/u] carry it. I propose a gentlemanly challenge to you to quote verse and paragraph the Arizona Revised Statute that clearly states that it is illegal. In other words, what exactly would you arrest me for when you realized that I was carrying one. I went through this thoroughly prior to spending $175 on my auto. I too have close friends and family in law enforcement and have yet to interpret the law differently. Thanks, Steve View Quote Steve, It seems you just want or like to argue..... Anyway, If you read my post thoroughly ... stating your correct... I said "until I researched it online and indeed you can carry in AZ." And to clarify the CCW portion you can only carry a pocket knife concealed unless the blade is under a certain length.(Don't jump all over me if I'm wrong I'm just guessing here that it's 2 1/2 inches or less but I haven't looked it up yet to confirm) If you have a CCW you can carry regardless. I'm assuming the auto is going to have a longer blade. If you want to debate the interpretation of this post please do via e-mail and lets stop treading on Capro's thread. John View Quote John, ... No, I don't wanna argue. Me bad. I'm sorry |
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Quoted: The person arrested was my brother. The instrument was a 50/50 Spyderco Endura. The city was Bellevue. And to clarify, he wasn't arrested, he was put in the back of the cruiser, scolded, and then the knife was handed over to my dad. I've carried my Spyderco Endura since freshman year in highschool, and I am now a junior in college. I've never had a problem either. It's a damn useful tool, and very reassuring to have on my when I end up in usavory areas late at night. View Quote How old was your brother. If the knife was given to your father I would think maybe the problem was that they thought he was to young for the knife and figured they would bust his chops.[uzi] |
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I'm sure this is cold comfort, but things could be worse....
[B]England: Knife Sale Records To Curb Crime[/B] [URL]http://www.telegraph.co.uk/et?ac=001788143438155&rtmo=Q90zQawR&atmo=YYYYYYYp&pg=/et/99/7/4/nife04.html[/URL] [B]England: Knives Act 1997[/B] [URL]http://www.hmso.gov.uk/acts/acts1997/1997021.htm[/URL] [B]Ireland: Knife Control Laws To Be Tightened[/B] [URL]http://www.unison.ie/irish_independent/stories.php3?ca=9&si=489311&issue_id=5017[/URL] [B]Scotland: Knife Amnesty Success[/B] [URL]http://www.holdthefrontpage.co.uk/campaigns/2001/02feb/010203knif.shtml[/URL] |
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Damn, I got a Butterfly knife for my 13th Birthday. I loved that thing. I carried it everywhere with me (except school). Since when have knives been illegal. I know they are illegal to carry if they are over a certain length, but possess ?????????
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I have a keshaw 3.25 inch one handed tactical folder. I carry it with my everywhere. Am I violating california's dangerous weapon control laws? If so what should I carry?
alphabeta121 |
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Quoted: I have a keshaw 3.25 inch one handed tactical folder. I carry it with my everywhere. Am I violating california's dangerous weapon control laws? If so what should I carry? alphabeta121 View Quote No, you are not violating PRK state law, unless you carry it in a place with a specific prohibition, like, perhaps, a school. -Troy |
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Quoted: How old was your brother. If the knife was given to your father I would think maybe the problem was that they thought he was to young for the knife and figured they would bust his chops.[uzi] View Quote Uh huh, I guessed the same thing. Knife laws vary greatly from state to state but age and other "mitigating" factors seem to be universally applied. For example, I've talked to quite a few LEOs here in SoCal about knife laws and they're not concerned so much with law-abiding Joe's tactical liner lock flip open with one hand "work knife" nearly as much as gangbanger Jose's tactical liner lock flip open with one hand "deadly weapon" if you get my drift. |
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Quoted: I'm no knife law expert, but I highly doubt that any knives are illegal to [i]possess[/i]. Carrying is a different story. In MD, "automatics", and butterfly knives are illegal to [i]carry[/i]. View Quote Self propelled knives are illegal in FL. [b]790.225 Self-propelled knives; unlawful to manufacture, sell, or possess; forfeiture; penalty.--[/b] [url]www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC225.HTM&Title=->2000->Ch0790->Section%20225[/url] |
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Quoted: Quoted: I'm no knife law expert, but I highly doubt that any knives are illegal to [i]possess[/i]. Carrying is a different story. In MD, "automatics", and butterfly knives are illegal to [i]carry[/i]. View Quote Self propelled knives are illegal in FL. [b]790.225 Self-propelled knives; unlawful to manufacture, sell, or possess; forfeiture; penalty.--[/b] [url]www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC225.HTM&Title=->2000->Ch0790->Section%20225[/url] View Quote Good lord, when were these laws passed? |
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Capro:
I've never had a problem either. It's a damn useful tool, and very reassuring to have on my when I end up in usavory areas late at night. View Quote Yeah, those seedy areas of Bellevue can be rough. I once was assaulted with a Double Mochachino. [flame][flame][flame] |
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790.225 Self-propelled knives; unlawful to manufacture, sell, or possess; forfeiture; penalty.--
(1) It is unlawful for any person to manufacture, display, sell, own, possess, or use a self-propelled knife which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas. A self-propelled knife is declared to be a dangerous or deadly weapon and a contraband item. It shall be subject to seizure and shall be disposed of as provided in s. 790.08(1) and (6). (2) This section shall not apply to any device which propels an arrow, a bolt, or a dart by means of any common bow, compound bow, crossbow, or underwater spear gun. (3) Any person violating the provisions of subsection (1) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. History.--s. 1, ch. 85-258; s. 178, ch. 91-224. |
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Quoted: 790.225 Self-propelled knives; unlawful to manufacture, sell, or possess; forfeiture; penalty.-- (1) It is unlawful for any person to manufacture, display, sell, own, possess, or use a self-propelled knife which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas. A self-propelled knife is declared to be a dangerous or deadly weapon and a contraband item. It shall be subject to seizure and shall be disposed of as provided in s. 790.08(1) and (6). (2) This section shall not apply to any device which propels an arrow, a bolt, or a dart by means of any common bow, compound bow, crossbow, or underwater spear gun. (3) Any person violating the provisions of subsection (1) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. History.--s. 1, ch. 85-258; s. 178, ch. 91-224. View Quote Well the above is Florida code, I don't see anything in that text that would ban a good Benchmade or Spyderco. So is "Tactical Folder" going to be a new bugboo for the PC police?? I know that Schumer introduced legislation a few years ago seeking to ban these types of knives. I hate that Bastard!! What an oppurtunist!! |
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Quoted: 790.225 Self-propelled knives; unlawful to manufacture, sell, or possess; forfeiture; penalty.-- (1) It is unlawful for any person to manufacture, display, sell, own, possess, or use a self-propelled knife which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas. A self-propelled knife is declared to be a dangerous or deadly weapon and a contraband item. It shall be subject to seizure and shall be disposed of as provided in s. 790.08(1) and (6). (2) This section shall not apply to any device which propels an arrow, a bolt, or a dart by means of any common bow, compound bow, crossbow, or underwater spear gun. (3) Any person violating the provisions of subsection (1) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. History.--s. 1, ch. 85-258; s. 178, ch. 91-224. View Quote Well the above is Florida code, I don't see anything in that text that would ban a good Benchmade or Spyderco. So is "Tactical Folder" going to be a new bugaboo for the PC police?? I know that Schumer introduced legislation a few years ago seeking to ban these types of knives. I hate that Bastard!! What an oppurtunist!! |
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I have several of these so-called "tactical folders".
R.Terzuola, A.Elishewitz, Benchmade, etc... |
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Quoted: The person arrested was my brother. The instrument was a 50/50 Spyderco Endura. The city was Bellevue. And to clarify, he wasn't arrested, he was put in the back of the cruiser, scolded, and then the knife was handed over to my dad. I've carried my Spyderco Endura since freshman year in highschool, and I am now a junior in college. I've never had a problem either. It's a damn useful tool, and very reassuring to have on my when I end up in usavory areas late at night. View Quote It sounds like the cops where just jerking your brother around unless there is some type of age restriction in WA for carrying knives. |
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The Florida code shown above does not ban switchblades. It bans any knife that launches its blade through the air.
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The way I understand it:
In regards to switchblades, the only way a civilian can carry one legally is if they reside in the same state as the switchblade manufacturer. Florida( Microtech ), Oregon( Benchmade ) and a few others. LEO's are [i]supposedly[/i] only allowed to carry if authorized by agency. Also, possession or selling an imported switchblade can get you in deep shiit. i.e. Boker, Robert Klaas( Kissing Crane), Hubertus, etc... I would never carry a switchblade unless I lived somewhere like Oregon or Florida. Switchblade laws have never really been 100% clear. There are a lot of grey areas, but I want no part of this madness! Oh ya, switchblade laws are Federal and have been on the books for a long time. Don't ever expect to see them repealed. Sorry switchblade fans... Arizona can carry too? That's pretty cool. |
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Quoted: The way I understand it: In regards to switchblades, the only way a civilian can carry one legally is if they reside in the same state as the switchblade manufacturer. Florida( Microtech ), Oregon( Benchmade ) and a few others. LEO's are [i]supposedly[/i] only allowed to carry if authorized by agency. Also, possession or selling an imported switchblade can get you in deep shiit. i.e. Boker, Robert Klaas( Kissing Crane), Hubertus, etc... I would never carry a switchblade unless I lived somewhere like Oregon or Florida. Switchblade laws have never really been 100% clear. There are a lot of grey areas, but I want no part of this madness! Oh ya, switchblade laws are Federal and have been on the books for a long time. Don't ever expect to see them repealed. Sorry switchblade fans... Arizona can carry too? That's pretty cool. View Quote I think that sums it up. There is a Federal ban so it all comes under the interstate commerce clause unless the automatic is manufactured in the state you reside in & that state has no restrictions on carry or ownership. Is that correct?? Funny that a CCW permit allows one to carry a concealed pistol but an automatic knife would still be a felony. (at least here in TX) |
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Velveeta, I do leave the city limits once in a while.
As far as an age limit, my brother is only 17, however there were no restrictions mentioned in the law I cited. There are restrictions against knives which are "EJECTED INTO POSITION BY THE FORCE OF GRAVITY, OR BY AN OUTWARD, DOWNWARD, OR CENTRIFUGAL THRUST OR MOVEMENT." I don't know about any of you, but if I flip my wrist downward and outward, I can open my spyderco with one hand, no thumb. I suppose we could get technical and say that only a downward movement will not open it, and only an outward movement will not open it, so therefore it doesn't apply, but is that really going to hold up? |
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If you want an auto knife, but don't want to get burned, just get a kershaw ken onion assisted opening knife. They use a torsion bar that helps the blade open with minimal force on the thumb stud. Several of my LE buddies have benchmade and S$W auto knifes and my keshaw blackout opens just as fast as their $100+ autos. I paid $60 some dollars for mine at gander mt. Sweet knife. I can't carry a gun in WI (at least in the city), but that kershaw makes me feel a little better.
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Quoted: There are restrictions against knives which are "EJECTED INTO POSITION BY THE FORCE OF GRAVITY, OR BY AN OUTWARD, DOWNWARD, OR CENTRIFUGAL THRUST OR MOVEMENT." I don't know about any of you, but if I flip my wrist downward and outward, I can open my spyderco with one hand, no thumb. I suppose we could get technical and say that only a downward movement will not open it, and only an outward movement will not open it, so therefore it doesn't apply, but is that really going to hold up? View Quote I can open most single bladed knives with a strong flick of the wrist. Does that mean I have a tactical arm? It's a simple law of physics - an object in motion tends to stay in motion. Moving quickly in one direction and abruptly stopping and reversing direction will cause the blade on most knives to open. These laws are intended from the start to be selectively enforced. Like gun control laws, they're a codification of " |
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i have that keshaw he's talking about. but I'm wondering, even if it legal, and I get stopped what would the correct responce to "what do you have that knife for?" I'm afraid, "self-defence" might make them think (I live in Berkeley, CA) that I'm a "potentially violent individual." So might a better response be, "cutting and eating fruit."
alphabeta121 |
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Have come into contact with many LEO's while carrying my Spyderco Bob Terzuola C15 in plain sight. Never had a problem (knock on wood). [peep]
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Your title is misleading. Your brother waasn't arrested, he was detained. It sounds like the police either cut him a break by calling in your father or didn't charge him because what he was doing wasn't illegal.
I am voting that they didn't charge him because there was nothing to charge him with. |
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All I can say on the topic is [b]DUH!!![/b] everyone knows that switchbaldes are illegal no matter what they call it.
Switchblades are illegal to carry in most states, but not completely illegal to own. I myself have a (modest) switchblade collection, but I don't go carrying them to airports or into the clubs..... BISHOP |
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A "tactical folder" isn't a switchblade. Sure you could have an automatic tactical folder but everybody I know that sells knifes means a simple folder when they say "tactical folder".
So which is it. Was this knife an automatic or not? |
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The legality of a standard knife depends greatly on civil ordnances (ie blade length). For me it's kind of' easy to explain to LE why I have it. I'm an EMT (national registry of coarse) and keep the knife w/ my gloves and microshield. In reality, according to the law, I have a duty to act in an emergency. In the case of an emergency, such as a car wreck, a knife is necessary extrication tool. I have had no troubles w/ the most liberal cop or even civilian understanding why I carry a knife. I just don't tell 'em I'll use it for self defense, too.
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