knife question

okgr8outdrs · Nov 29, 2005

In this section of the SDA

It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:

does spring-type knife include assisted opening knives such as those made by Buck and Kershaw?

Michael Brown · Nov 29, 2005

I have heard both ways form people who should know.

My inclination is to think that it probably won't be a problem criminally but I have been proven wrong before. Most police officers and ADA's aren't familiar enough with these type of items to make a case out of it.

Also keep in mind that I'm not a lawyer and certainly not competent to give legal advice.

Carry a fixed blade knife and call it a day. You'll have a better and more accesible weapon and you'll be 100% legal if you choose one that's not covered in the paragraph above.

Michael Brown

walpur6isknight · Nov 29, 2005

i hope not, someone, some input please?
i like my kershaw!

walpur6isknight · Nov 29, 2005

^-lmao, i think you beat me by a couple of seconds mike brown.

okgr8outdrs · Nov 29, 2005

I had a Buck Rush that was more of a tool to me than a weapon. While visiting the St. Loius Arch, it was mistakenly identified as a switchblade, confiscated and I was given a citation for $100. It had a 2.5 inch blade, and I later discovered that a knife with a blade less than 2.5 inches was not considered a dangerous weapon and can be carried into federal facilities, just not federal courts. They seemed to be more concerned with the method of opening than the blade length, because the latter is a more serious charge. I paid my fine rather than fight it and risk getting charged with the greater infraction.

That was last July, I still haven't replaced it because I haven't found anything that I like. I am considering buying another and removing the spring just to be on the safe side.

Michael Brown · Nov 29, 2005

Yeah, its always a chance because you can never tell how well-informed law enforcement is on the technicalities of weapons law. It sucks but its the way it is.

I try to just stay completely to one side and not worry. I just don't get enough out of a Kershaw or other assisted-opening blade to risk the possibility of being arrested.

I think in the end, it would be a charge I would win, but as I said, I just try to stay completely clear of the controversial items especially when there is a better, 100% legal, substitute in a small fixed blade.

Saps and Blackjacks on the other hand, there's no good substitute for. :nolike:

Wish they were legal to carry.

Michael Brown

kgull85 · Nov 29, 2005

Michael Brown said:
I think in the end, it would be a charge I would win, but as I said, I just try to stay completely clear of the controversial items especially when there is a better, 100% legal, substitute in a small fixed blade.

What is your idea of the legal substitute?

J.P. · Nov 29, 2005

Yes,I would like to know as well,Michael.
I was under the impression that all fixed blades were illegal.
That's the only reason I carry a tactically worthless folder.

dogbear · Nov 29, 2005

I was told that you could have a switch blade or spring type knife in your home but not on your person.There is a guy that sells hubertus german made switchblades at the gun show.The guy in front of me was a cop and he bought one.So I asked him.He said it is up to the officer but most wouldn't make a big deal out of it unless you were committing a crime.

Michael Brown · Nov 29, 2005

"dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife"

As long as its not one of these, it's legal to carry.

I carry the Shivworks Clinch Pick or Disciple or the Ka-Bar TDI model depending on my attire. These are all single-edge, small, legal fixed blades.

Its commonly known what a Bowie is and none of these knives could be mistaken for one. A dagger or dirk has two sharpened sides. since they are fixed blades, none is opened at all much less by any spring.

The catch-all is the phrase "any other offensive weapon". To prove this, a court would have to establish intent for the weapon to be used offensively if its not in any of these catagories and I would gladly fight that battle. If you are concerned about being lumped into this group, a folder would be illegal too, which I'm confident couldn't be prosecuted without intent.

As far as owning a switchblade, that's fine. The laws relate to carrying not possession. You can own a Blackjack or Sap or any of the other devices mentioned and lawfully use them in self-defense in your home.

You just can't carry them concealed.

Michael Brown

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