Switchblades and the Law

Following are some sage words pulled from posts from our resident knife experts. Please read, there is a lot of important information you need to understand before you start making xiphoids...

jerryk25 wrote:

No, you can NOT carry a knife. Even a small boy scout knife.

It does not matter what the list says.
I understand that, but apparently you do not.

The list describes normal conditions for an adult without a criminal record.
And the Law is pages and pages of Yes it's okay now, but NOT if this or that is happening.
It can't be boiled down to Yes, Yes. 2,3,4

After a LAW is written, Judges can add to them by making RULINGS,
this is when problems happen, because someone is hurt, or maybe just Thinks they are hurt,
and people in court decide to write down in more detail, what is okay.
Sometimes it is okay for a while, and then illegal again, An OVERTURNED RULING.

if the list was about Cars, and said Yes legal to own, Yes legal to drive.
You can't assume that you can drive before you reach driving age.
It does not mean drunk drivers with revoked licenses are okay.
Or that driving anywhere, anytime , on sidewalks, down one-way steets, is okay
Or that top fuel dragsters will be seen on the highways.

So its foolish to ask such a question,
Sinza posted a well known list, to show where it is illegal for absolutely sure.
Not where it is okay to have one.

You don't seem to grasp concepts like liability.
This is where lawyers force people to pay penalties for damages,
even when everyone concerned had agreed it wasn't anyones fault.

It's not like asking a teacher for a hall pass.
You do not realize how wrong or rude it is, even to ask that question.

So, no, you can't have a knife, not yet, not until you really understand what is happening.
and that does not mean - just when you are able to repeat the legal words from memory.

jerryk25 wrote:

Shadow Hawk

I was intentionally harsh, I expected to have to write this second post.

I apologize for the tone of the lecture. I should have tempered it with consideration.
I'm not a teacher , And I write technical stuff, no frills, no nice phrases, I'm very direct.
I specifically wanted to have some mild shock value for you and Other readers.
But I do not retract it.
It's all true.

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The unspoken point to my rant was,
Some of us have stressfull adult lives, and come to this forum for fun.
We all talk casually about building and having weapons, and let our guard down.
It's frustrating to find legal landmines in correspondence where we hoped would be a playground.
So It doesn't help, when younger writers ask baited questions.
We have to go out of our way to ensure a reader 10 years from now does not get the wrong message.

In a way, it's good that this type of confrontation is so up front, that we deal with it forthright.
It's better than a lawyer surprising us with a "contributing to the deliquency of a minor" charge.

Some of the readers are young, and want to learn, and that's fine, it's actually great.
But now, there is a responsibility that is inflicted on us older participants , we did not anticipate.
Weapons are a touchy subject, and there are anti-weapon fanatics just waiting for opportunities to screw us.
It's very Sad for us to recognize potential legal reprocussions and have to weigh our words and be defensive.
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I assure you, I have been on the receiving end of many lectures.
and as bill sykes will attest to,
this was nothing.

You have never met a boot camp army drill sargent.
Man, I had lectures every hour .
But here, 35 years later, I remember every damn thing that was said to me.

I'm sorry for the blitzkreig tactics.
I hope you remember my post.

jk

jerryk25 wrote:

quote ztrain "just cause its leagle dont mean you should"

see, classic example. - - - -you should learn to spell "Legal" before giving legal advice.

All public librarys are part and parcel to local school systems, if only thru school tax funding and grants.
and there are laws prohibiting liquor, weapons, drugs and solicitation on school grounds.

so by default, weapons restrictions that are not actually written in current law
will most likely be incorporated in a future court rulings, and will be retro-active.
meaning lawyers will bust your ass, even though there is not a law at the moment.
It may be legal, but you'll still pay a fine, lawyers love loopholes, and they work both ways.

If I did not point this out to a younger reader, a lawyer could press charges for "negligent indifference"
I should have known you are about to get into trouble, and should say something to stop it...
Where if you were an adult, I could just say, "You're on your own . . . good luck"


and that is what adults see.
----------------------------------------------------
* Wait until you're old, You'll be cranky too.

SINZA wrote:

Guys....14 is different than 40


As you get older you will also sound like a old fart to those that are younger than you.

We, as older members talking to teenage members, are not trying to lecture you, we are trying to keep you safe.

It's called knowledge and experience.

You guys want to know the laws about switchblade carry, I'll say it again...look up the laws for your certain area.

Even with that...most 'average' people are going to be intimidated by a switchblade, even if you are just opening a box it's still seen as a weapon to most people. Police will treat it more seriously than a normal knife even if in a legal area. Any school will expell you for having it on their property.
In some states now just having a normal liner lock pocket knife with a pocket clip showing can be considered 'intimidation with a weapon'. It's stupid I know, but a friend of mine and me were eating luch one day and cops came into the place, pulled my buddy outside. He had a pistol in a holster and he was legal...but the moment someone saw it and BECAME UNCOMFORTABLE with it he could be charged with bradishing a weapon. ?!?!?!?!? Stupid and really not fair, but you have to understand that we live in a time of national fear.

If you are going to carry a knife make it a legal one. Keep the switchblades at home nice and safe for play and personal use.
I have plenty of switchblades and I just carry one of many 'normal' knives I own. I use many of my switchblades all the time, but again, I keep them at home.

You want to carry a good weapon and still be within most laws...carry a steel baton. I have a really nice Manadnok Baton that locks open. Most don't do that, I paid twice as much for that feature! It's portable, makes a loud noise when it opens, good striking distance, you can use stick or sword strikes.
Legal in most areas (check!) Not too expensive..I think I paid under $200 for mine...TOP OF THE LINE. I bought the best of the best. Not one of those friction lock kind, this has ball bearing locks at each section. Military grade aircraft aluminum.
Most people that have seen mine seem to 'respect' it more than a knife or gun as it dosen't draw blood and it seems more 'safe' to them.
Police will not like finding any weapon on a person, especialy a teen, but a legal baton is better than a switchblade.
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Plus....you can just beat the shit out of somebody with a baton and no bullets to trace, not as much blood as if you cut someone.
It may sound like 'badass' talk...but I've only carried one for DEFENCE and hapily never needed to draw it. I just wasn't into guns, but I'm getting there.

SINZA wrote:

ShatterGlass wrote:

I have a question for someone with more legal exbertise than myself. I personally carry a steel blank for protection, if used properly it can be a very effective weapon. At the moment i keep it secured in the back of my hat, so that if i feel threatened i can remove my cap and strike an assalent about the head with it. So far i have just relyed on the fact that if i ever had to use it i could despose of it quickly, but i would like to know, is a 3' by 1' quarter inch thick steel blank considered a concealed weapon?

yeah, but if you see a cop chances are the cop sees you . Anything you toss is going to make him check you out.
There are all kinds of legal self defence items on the market. There are baseball hats that are shot loaded, look normal but you can grap the brim and strike forward with it. There are 'combat pens' that you can carry anywhere. Steel toed boots are always great. A good strong belt and heavy buckle makes a great flail. Again, steel baton legal in most areas...pretend it's a lightsaber. There are gloves loaded with lead powder. Many different chemical sprays.

Using a knife as a weapon, even just having one for a weapon makes it that much harder overall. It's the reason for knife laws. Carry a knife for a TOOL!

Here's the difference...a cop will stop you for any reason real or not. I've been stoped many times for no reason or bullshit reasons.
Say the cop is checking you out, he can't search you unless you tell him it's ok. DO NOT give him that right. They won't push it unless they have caught you doing someting stupid. If they do search you you are probally already in trouble for something else. They may or may not consider your hunk of metal a weapon or not, depends on if you have a good reason for having it on your person. They will ask. You can carry a screwdriver...it's only a tool...but they will charge you for a weapon because that is the reason you have it...they know it.
But if you have 'legal weapons' I don't think they are going to add that to the charges.
If stoped by a police office and you have a steel baton just like the one on his belt and if he asks you can tell him how you wouldn't want to draw blood with a gun or knife, but wanted a safe respectful weapon such as the one carried by police. Little bit of truth little bit of BS...but better to be legal if you can.

There are plenty of knives you can buy that look cool and open fast. Many spring assisted opening knives out there, I have a couple. I like liner locks myself.
I prefer fixed blades or switchblades, and still carry one once in a while, but I understand I'm breaking the law when I do that.
Again, keep all the cool knives and weapons at home to play with. If you really feel the need to go outt packing do it legal. Gun w/ permit, legal knife, pepper spray, stun weapons, tasers, good old walking cane, kuboton on a keychain, a roll of quarters with a bit of scotch tape to keep it from breaking makes a great 'fist load' for punching, telescoping steel batons, steel toed boots. If you ride a motorcycle never hurts to carry a spare bike chain in your saddlebags.

But the best one of all....this one will work 90% of the time....it's easy....but it takes some balls to try it and be able to pull it off...
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Just walk away.

Who cares what they said or what they called you. Walk away. Dosen't matter if he's standing there calling you a pussy taunting you to fight...walk away. Unless someone will not let you leave and they are hurting you or going to hurt you or another person never pull a weapon.
If you have to...never pull a weapon trying to 'scare' the other person...stupid move...

If it ever comes down to it try to get away ...if you can't, ready your weapon but never show what you have. Keep it hidden and in ready position. When you can, strike, strike hard and fast, then run away as fast as you can. Get away from the fight or you can be charged by police for assault. Self defence means hit and run away...pretty much...
If you stay and fight then you are just as bad as they one who started it. Just as illegal too.
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Again, look for the laws in your area, easy to find online. Do a search on your city and look up weapon laws. Or call the police station and ask to talk to someone about what is legal. My own opinion is that a premade one you buy might be better made and better concealed. I don't know. If you really want to know to a search for a hour or so and post your findings here. look for sap hats....but the cops and judge will see it as a blackjack or club like weapon.

This is some of the best advice I have ever encountered regarding the legality of self defense "weapons" and how to stay on the good side of the law when stopped by law enforcement. Very wise words. Thank you to everyone who contributed to this post.

Seconded. I am very glad that this was bumped up.

If you kill some one in self defence, STAY THERE! If you run the cops will think you murdered them and were running to try to get away with it. People who have killed in self defence have been tried for murder because they fled the seen. if you stay the judge will think your able to justifly your actions.(this was in a guns and ammo magazine, i forget the issue though)

look it up

however if you leave no evidence or whitnesses then you might be able to run and get off scot free....

Eather way, turning the other cheak is the best form of action

read it ......

I keep a copy of my state law saved to my desktop, just in case I feel... scared of arrest for all the things I have in my room. It's all 100% legal right now.
Here's some of it:

Quote :

A person commits the offense of carrying a concealed weapon when such person knowingly has or carries...knife designed for the purpose of offense and defense...outside of his or her home or place of business...

Note how it says defensive knife...If a robber came into my house and I stabbed him with a switchblade, it would be confiscated and I would be charged with a misdemeanor (I think).
Second offense regarding this weapon law is a felony, up to $10,000 fine, "or by imprisonment for a period of not less than five nor more than ten years, or both."

im just a hobbyist, no need to carry what i make

I only have one thing to add to Sinza's advice that was quoted on walking away to protect one's self. There is one other way that can be very effective to settle a dispute without violence. In the case of everyone in here that is of legal drinking age, tell the guy that you don't want to fight and instead would like to buy them a beer or something. They're most definitely not going to expect this kind of thinking, and you may even get a friend out of the encounter instead of an enemy.

Skypage wrote:

I only have one thing to add to Sinza's advice that was quoted on walking away to protect one's self. There is one other way that can be very effective to settle a dispute without violence. In the case of everyone in here that is of legal drinking age, tell the guy that you don't want to fight and instead would like to buy them a beer or something. They're most definitely not going to expect this kind of thinking, and you may even get a friend out of the encounter instead of an enemy.

Then spike the beer with laxatives or eye glass cleaner right?

Wolfie wrote:

Then spike the beer with laxatives or eye glass cleaner right?

*sigh* No... Somehow I think that would go poorly, despite how funny that might be. I actually did mean going about it honorably.

Skypage wrote:

*sigh* No... Somehow I think that would go poorly, despite how funny that might be. I actually did mean going about it honorably.

...but honor isn't funny...

Wolfie wrote:

...but honor isn't funny...

Neither is a man who smells of beer and diarrhea trying to kill you. Okay... Maybe if it weren't happening to me.

Skypage wrote:

Neither is a man who smells of beer and diarrhea trying to kill you. Okay... Maybe if it weren't happening to me.

With the dosage I would give him, curling up on the floor of the bathroom would be where his day would end lol. Besides this was just a funny story, I would have just fought him if it was that serious, and if it wasn't serious then I wouldn't have almost fought him and had to buy him a spiked beer.

haha sweet...

Wow... sorry Skypage; that really was good advice you offered. Pity some folk can't seem to comprehend it.

Poindexter wrote:

Wow... sorry Skypage; that really was good advice you offered. Pity some folk can't seem to comprehend it.

There is a difference between "can't comprehend" and "would rather make a joke about a man that hypothetically pissed you off crapping himself". Ty for comprehending

Poindexter wrote:

Wow... sorry Skypage; that really was good advice you offered. Pity some folk can't seem to comprehend it.

Well, I'm just glad some people appreciate it. It was one of the many great lessons my Maestro taught me, and I'm glad to have a place where it's possible to share such things.

@Wolfie: It's fun to banter, anyways. Keeps the wits sharp, as well as from taking things *too* seriously. After all, if you can't laugh at something in some form of screwball lighting, you're likely taking it too seriously.

I install flooring for a living so carrying a carpet knife is easy to explain. A 4 D-cell Mag-light has come very handy on occasion. A .357 mag if I thought I would be in danger, law be damned. It is better to be judged by 12 than carried by 6 any day.

jimmybilly wrote:

I install flooring for a living so carrying a carpet knife is easy to explain. A 4 D-cell Mag-light has come very handy on occasion. A .357 mag if I thought I would be in danger, law be damned. It is better to be judged by 12 than carried by 6 any day.

Better still to be none of the above if you can help it =p

agree with apinion about this is a good site but i am russian and itis very hard to read on only english ...

Well you do a very good job. Hopefully what you learn is worth the effort.

I don't carry anything I make. I keep a very basic pocket knife with me for work only.