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Posted: 5/15/2005 3:57:16 PM EDT
I've got a Benchmade ballisong on the way.  I can't find anything in the AZ Revised Statutes about balisongs (i.e. butterfly knifes).  The only reference I can find about any knife in the statues is:



13-3102. Misconduct involving weapons; defenses; classification; definitions
1. Carrying a deadly weapon without a permit pursuant to section 13-3112 except a pocket knife concealed on his person



...and I've got a CCW anyway.  Plus, I don't plan on carrying it.  I just want it for fun.  I want to make sure I'm not missing anything I should be aware of.

So I take it balisongs and automatic knives are not regulated in AZ?

Here's a pic.  I just hope I don't cut my fingers off!  



ETA:  13-3101 subsection A, paragraph 7 discusses "prohibited weapons".  Nunchakus are specifically mentioned (what's with that??) but there is no mention of any bladed devices.

ETA2:  If anyone's interested, HERE is a good guide concerning state knife laws nation wide.  Looks like I'll have to leave my Benchmade at home when I go to CO later this month.
Link Posted: 5/15/2005 4:36:49 PM EDT
[#1]
I've talked to Alan Korwin about this.

Knives are usually considered dangerous instruments and not deadly weapons. As a result CCW laws do not affect them. The exception could be someone concealing an 8" bowie knife.

My concern was for my girlfriend wearing a fixed blade neck knife without a CCW permit. He said not to worry.
Link Posted: 5/15/2005 4:48:10 PM EDT
[#2]
Thanks for that.  Is Korwin a local guy?  I'm reading one of his books.
Link Posted: 5/15/2005 4:57:27 PM EDT
[#3]

Quoted:
Thanks for that.  Is Korwin a local guy?  I'm reading one of his books.



Yes, he is a local guy.
Link Posted: 5/15/2005 6:04:37 PM EDT
[#4]


  This is a Open Carry state. So you can open Carry what you want to.
Link Posted: 5/15/2005 6:46:34 PM EDT
[#5]

Originally Posted By Corp Stiener:
I've talked to Alan Korwin about this.

Knives are usually considered dangerous instruments and not deadly weapons. As a result CCW laws do not affect them. The exception could be someone concealing an 8" bowie knife.

My concern was for my girlfriend wearing a fixed blade neck knife without a CCW permit. He said not to worry.



That information is inconsistent with what my agency does. I've seen (seen people, not done) persons arrested for a concealed steak knife. Lots of cops interpret the specific naming of "pocket knife" in the statute as suggesting that all other knives are "deadly weapons".

I'd get the opinon of the County Attorney's office in the jurisdiction you live in, then get the local ordinances of the municipality of the area you live in before carrying it "concealed". For instance, my local ordinances prohibit the carrying of a "fighting knife" concealed.....
Link Posted: 5/15/2005 7:09:23 PM EDT
[#6]

Quoted:

Originally Posted By Corp Stiener:
I've talked to Alan Korwin about this.

Knives are usually considered dangerous instruments and not deadly weapons. As a result CCW laws do not affect them. The exception could be someone concealing an 8" bowie knife.

My concern was for my girlfriend wearing a fixed blade neck knife without a CCW permit. He said not to worry.



That information is inconsistent with what my agency does. I've seen (seen people, not done) persons arrested for a concealed steak knife. Lots of cops interpret the specific naming of "pocket knife" in the statute as suggesting that all other knives are "deadly weapons".

I'd get the opinon of the County Attorney's office in the jurisdiction you live in, then get the local ordinances of the municipality of the area you live in before carrying it "concealed". For instance, my local ordinances prohibit the carrying of a "fighting knife" concealed.....



I'm not too concerned about the carrying concealed part.  I do have an AZ CCW and I'm not likely to carry a balisong anyway.  AFAIK, my CCW permit allows me to carry any weapon that is not prohibited (someone speak up if they know or think otherwise).    I mostly wanted to check on the laws concerning the of owning of "gravity kinves" and automatic knives in AZ.  I can't find anything in the state statutes that considers them "prohibited weapons".  I'm learning that isn't true in some states (e.g. Colorado specifically mentions "gravity knives", calling them "illegal weapons").

You raise a good queston about the municipal level.  Could their be some municipal code that would override the state statutes??
Link Posted: 5/15/2005 7:56:54 PM EDT
[#7]
AZ-K9,

Is it then your departments view that any fixed blade knife regardless of size is a deadly weapon?

Alan Korwin quoted some case law when I talked to him but I don't remember it.

Too bad the preemption statute only covers firearms.
Link Posted: 5/18/2005 3:48:02 AM EDT
[#8]

Quoted:
I've got a Benchmade ballisong on the way.  I can't find anything in the AZ Revised Statutes about balisongs (i.e. butterfly knifes).  The only reference I can find about any knife in the statues is:



13-3102. Misconduct involving weapons; defenses; classification; definitions
1. Carrying a deadly weapon without a permit pursuant to section 13-3112 except a pocket knife concealed on his person



...and I've got a CCW anyway.  Plus, I don't plan on carrying it.  I just want it for fun.  I want to make sure I'm not missing anything I should be aware of.

So I take it balisongs and automatic knives are not regulated in AZ?

Here's a pic.  I just hope I don't cut my fingers off!  

www.newgraham.com/images/42_MC_LARGE.jpg

ETA:  13-3101 subsection A, paragraph 7 discusses "prohibited weapons".  Nunchakus are specifically mentioned (what's with that??) but there is no mention of any bladed devices.

ETA2:  If anyone's interested, HERE is a good guide concerning state knife laws nation wide.  Looks like I'll have to leave my Benchmade at home when I go to CO later this month.




This may be surprising to some of you, but I tend to carry at least one balisong at a time on me

Both of mine are Benchmades; kickass stuff.
Anyways, it's always been my understanding that in AZ, any knife that folds is considered a "pocket knife" including autos and balisongs. Sometimes I carry an auto (also a Benchmade), but I prefer the titanium handled balisongs, I can barely tell they're in my pocket, and they're very fast.
Then again, I also have a CCW, so I'm covered in either case.
Link Posted: 5/18/2005 8:26:24 AM EDT
[#9]
Nice screename Balisong!

I can't wait to start flipping.  
Link Posted: 5/18/2005 9:22:16 AM EDT
[#10]

Quoted:
Nice screename Balisong!

I can't wait to start flipping.  




Thanks!


I find I do it a lot at times just to do something with my hands, like when I'm talking on the phone and stuff.
Link Posted: 5/18/2005 5:48:19 PM EDT
[#11]

Originally Posted By Corp Stiener:
AZ-K9,

Is it then your departments view that any fixed blade knife regardless of size is a deadly weapon?

Alan Korwin quoted some case law when I talked to him but I don't remember it.

Too bad the preemption statute only covers firearms.


Potentially deadly, so my guess would be yes. I'd love to see the case law if someone can find it. Of course, all this is moot, as CCW's cover them.
Link Posted: 5/18/2005 8:37:53 PM EDT
[#12]
I guess I have a question.

Are auto knives legal in Arizona? I've heard some LEO say that they are not.

I do not own one or even think I need one. I go by the old saying, "Never bring a knife to a gunfight".
Link Posted: 5/18/2005 9:32:11 PM EDT
[#13]
Link Posted: 5/19/2005 1:27:00 PM EDT
[#14]
State v.Clevidence
153 Ariz. 295
736 P.2d 379
(Ct. App. 1987)

A double-edged hunting knife approximentely six inches in length found under defendant's shirt qualified as a deadly weapon.
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