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  #1  
Old 08-20-2002, 10:38 AM
brownie0486 brownie0486 is offline
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Knife laws in your state




It has come to my attention by another poster on this forum that many of you don't have an idea of what the knife laws are in the state you reside, or perhaps the laws in a state you plan to pass through or stay awhile.

The following link will bring you to all the pertinent data/statutes in your state. I keep a copy of them in my glovebox for reference when the "good guys" don't know their own states statutes or worse, they think they know but have never actually looked them up themselves.

In my state of Massachusetts most LE types think there is a 4" blade length restriction, others believe the "three finger rule" or "four finger rule" to be gospel as the old timers disseminated their guesses to the new recruits who listened intently to the sgt. and believed he knew what he was talking about.
Unfortunately, the sgt. got HIS info from his sgt. who also did not know the laws and was guessing or took it second hand as gospel as well.

There are NO knife laws in Massachusetts. Read that again folks, there are NO knife laws in Massachusetts. Knives and ANY restrictions on blades/knives falls under the dangerous weapons statutes which cover many items and not just bladeware. Boston, Ma. did institute a 2 1/2" blade length restriction in the city limits after 9/11 last year. In Ma., look up chapter 269, section 10b for particulars.

Lets see, there thinking is
1. knives are dangerous and used to highjack planes
2. knives kill people
a. Of course the 21/2" blade length would still not cover the box cutters used by the terrorists would it? How bright of the politicians in my state to create another statute that doesn't address the issues which started their safety concerns to begin with after 9/11.

I would instruct le's from across the country while adjunct edged weapond defensive instructor at S+W in Springfield, Ma. and almost none of the LE's knew the laws relative blades, folders, etc. Consequently, look up your states statutes and keep them with you. It could save you from having something legal taken away as contriband or you being charged with a crime, arrested, then released after they find out you were not illegally carrying that nice folder of yours.

Of course this works both ways folks, you may find you ARE carrying an illegal item as well. In either scenario, you are ahead of the curve by knowing what is and is not allowed where you reside and travel to.

BTW--In Massachusetts there is NO blade length restrictions, and in fact, through case law, folding type knives, swiss army knives and kitchen knives are exempt from the dangerous weapons statute.

Not only that, but there is a law on the books that states all LE's upon confiscation of a knife for any reason will send it to the Colonel of the State Police within 30 days for proper disposal. Guess what folks, when I worked as an LE for two different agencies in Ma. the "boys" would show me their collection of confiscated blades in their lockers. Each knife I saw in those lockers was a $50.00 fine to the officer for breaking the statute of sending it for disposal within 30 days. In other words, if they take it, they are obligated by law to turn it in, not keep it. Can anyone tell me why they can't keep it? It's because the LE's can't have something we can't have as ordinary citizens. They are NOT exempt from the laws of the Commonwealth of Ma.
For those who may think LE's and military CAN carry auto knives or something we can't, thats incorrect also. They are only authorized to carry what they are ISSUED in the performance of their job. If the dept. didn't give it to every officer to carry as issued equipment during the performance of their duties, they are illegally carrying it, period. Same with the military types, if it;s isued to their unit, they are authorized to carry it while "on duty", not when they are home on leave and not in town on liberty.

Go to:
http://pw1.netcom.com/~brlevine/sta-law.htm#N-R

Hope this helps some of you sort the wheat from the chaffe.

Brownie
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  #2  
Old 08-20-2002, 12:16 PM
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That site is wrong with the only state laws I know, Texas. I couldn't say if the other states are right or not, but I can say that Texas is incorrect. Or to be more accurate, not all the necessary information is present.
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Old 08-20-2002, 12:34 PM
brownie0486 brownie0486 is offline
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knife laws

Hello AHENRY:

The site gets you to the states knife laws as they were when the site went up, some of the info won't be pertinent, or changed of course over time.

I provided the site so that people can then see what statutes cover their states weapons/knife laws. To be prudent, everyone should then do a search of their states .gov site for the latest based on the statutes found from the site.

Even then, we should be careful that we also follow any and all updates to the laws as they are constantly in flux.

What was on that sites datasheets that was wrong to your knowledge?

Brownie
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Old 08-20-2002, 12:37 PM
brownie0486 brownie0486 is offline
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knife laws

AHENRY:

What did you find that you know is wrong, and how do you know it's wrong?
Brownie

From that site, the following for Texas.

(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by
being thrown;
(C) dagger, including but not limited to a dirk, stiletto,
and poniard;
(D) sword; or
(E) spear.
(7) "Knife" means any bladed hand instrument that is capable
of inflicting serious bodily injury or death by cutting or
stabbing a person with the instrument.
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Old 08-20-2002, 12:44 PM
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He lists exemptions, but none for CHL holders. I figured at first that it was because it was originally compiled for Blade prior to the Texas CHL going into effect, but then I noticed that he has since made a few changes/additions. Regardless, I agree with you that it behooves everybody to find out factually from credible (and multiple) sources just what laws apply or do not apply.

I’m not trying to nit-pick, just making sure that the only state I claim to have an even remote bit of knowledge about was missing a little bit of info. You caught me before I could come up with a good alternative site of information for Texas law, but I was looking for it. You can check the Texas Penal code and find the parts that apply to CHL holders to sort of “figure” it out on your own.
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Old 08-20-2002, 12:47 PM
brownie0486 brownie0486 is offline
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knife laws:

AHENRY:

The following from the Texas .gov site for your review:
TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS
CHAPTER 46. WEAPONS
§ 46.01. Definitions
In this chapter:
1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following:

(A) blackjack;

(B) nightstick;

(C) mace;

(D) tomahawk.

(2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon.



(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:



(A) an antique or curio firearm manufactured before 1899; or



(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.



(4) "Firearm silencer" means any device designed, made, or adapted to muffle the report of a firearm.



(5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.



(6) "Illegal knife" means a:

(A) knife with a blade over five and one-half inches;

(B) hand instrument designed to cut or stab another by being thrown;

(C) dagger, including but not limited to a dirk, stilletto, and poniard;

(D) bowie knife;

(E) sword; or

(F) spear.

(7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.

(8) "Knuckles" means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles.

(9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.

(10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches.

11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that:

(A) opens automatically by pressure applied to a button or other device located on the handle; or

(B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.

(12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers.

13) "Hoax bomb" means a device that:

(A) reasonably appears to be an explosive or incendiary device; or

(B) by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies.

(14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.

(15) "Racetrack" has the meaning assigned that term by the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).

(16) "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 917, ch. 342, § 13, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, § 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. 852, § 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, § 5.01(a)(46), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 749, § 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 229, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Amended by Acts 1999, 76th Leg., ch. 1445, § 1, eff. Sept. 1, 1999.

Below the line is from the site I submitted:
__________________________________________________ _
Texas - Health, Safety & Morals - 46.02. Unlawful carrying
weapons. (a) A person commits an offense if intentionally,
knowingly , or recklessly carries on or about his person a
handgun, illegal knife, or club. [Exceptions: official;
actor was own premises; was traveling; engaged in lawful
hunting, fishing, or other sporting activity; security
guard].
- 46.01. Definitions. (1) "Club"... includes... (D)
Tomahawk...
(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by
being thrown;
(C) dagger, including but not limited to a dirk, stiletto,
and poniard;
(D) sword; or
(E) spear.
(7) "Knife" means any bladed hand instrument that is capable
of inflicting serious bodily injury or death by cutting or
stabbing a person with the instrument.
- 46.03. Places weapons prohibited.
(a) A person commits an offense if, with a firearm, illegal
knife, club, or prohibited weapon [includes switchblade
knives], he intentionally, knowingly, or recklessly goes:
(1) on the physical premises of a school [or school bus];
(2) on the premises of a polling place...
[(3) a court; (4) a racetrack; (5) secured area of an
airport].
- 46.05. Prohibited Weapons. (a) A person commits and offense
if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells... (5) a switchblade
knife... (d) It is an affirmative defense to prosecution
under this section that the actor's conduct: (1) was
incidental to dealing with a switchblade knife,
springblade knife, or short-barrel firearm solely as an
antique or curio...
- 46.06. Unlawful transfer of certain weapons.
(a) A person commits an offense if he... (2)... sells...
gives... offers... to any child younger than 18 years any
firearm, or illegal knife [except with written parental
consent].

Texas Case Law:
- "A teacher could not carry weapons in his school room..."
(1889)
- Broken switchblade knife was still a "switchblade knife"
within this section... (1986)
- "Defendant's contention that he took knife to school to
fight demons that plagued him did not defeat requisite
state of mind for conviction..." (1993)

It looks like it mirrors the state .gov site in Texas to me.
What exactly did you find different or think is wrong with the presented material? Keep in mind the first part of this post is taken right from the states website.

Brownie
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Old 08-20-2002, 12:59 PM
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The information that I am trying to locate again is the exemptions CHL holders have. Specifically section 46.02 (I think thats the section) which includes both firearms and illegal knives. Its been a while since I have needed to find this info so it’ll take me a bit, but its there. I have done the looking at the code many times, I'm well aware of the standard weapons and self defense/lethal force sections (which are a friggin mess) and I’ll find the appropriate parts here shortly.
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Old 08-20-2002, 01:01 PM
brownie0486 brownie0486 is offline
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AHENRY:
The xeceptions to the statute from the Texas.gov site are listed below.

I don't see where a CCW allows more rights than the statute, but if you can find it I would be very interested as it may open up other avenues to explore within other states statutes.

I did not take it you were nit-picking at all. On the contrary, I feel open discussion should be encouraged. If you find something from their site which can be verified as more current than the states own website, feel free to let us all know.

What are your impressions of the statute and the CCW laws exempting something?

Brownie
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Old 08-20-2002, 01:04 PM
brownie0486 brownie0486 is offline
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AHENRY:
Forgot to add the exce[ptions to chapter 46 where knives are concerned.
Here you go:

46.15. Nonapplicability

(a) Sections 46.02 and 46.03 do not apply to:

8) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises.


(e) The provisions of Section 46.02 prohibiting the carrying of an illegal knife do not apply to an individual carrying a bowie knife or a sword used in a historical demonstration or in a ceremony in which the knife or sword is significant to the performance of the ceremony.
________________________________________________
I didn't see anything mentioning knives except the one above but if you can find other exceptions, please let me me know.
Thanks for making dig on this this afternoon. Research is a great thing--it expands the knowledge base of all of us who wil share it.

Stay sharp!!!!!!!!
Brownie
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Old 08-20-2002, 01:24 PM
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My impression was that the CHL nonapplicability clause of the code exempted the section about what was an “illegal” weapon, which includes knives and handguns. I wondered about this and recently (as in less than a year ago) contacted some individuals at the Texas Attorney Generals office and received a reply that seemed to be mainly double speak for “A CHL exempts the holder from carrying “illegal” weapons as defined in section 46.02 of the Texas Penal Code”. This, to me, would include the part about knives. Not being inclined to carry any of the knives classified as “illegal weapons” and certainly not desiring to be a test case for any of this, I let it drop. I’m no lawyer and I don’t even pretend to fully grasp the idiotic penal code we have here in Texas. The damn thing is so convoluted that here we are, two intelligent people and we can’t even figure out conclusively what applies and what doesn’t. I found something that spoke of the nonapplicability to CHL holders, but it was worded such that I really couldn’t tell for sure. I think you might have the right section of the code there, but you left out the part about CHL holders. Again I’m not sure from my reading of it, if it deals with the entire section “46.02” or just the handgun part of section 46.02. As I said, the AG office implied it was the whole section, but I’m not willing to test that theory out. YMMV....
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Old 08-20-2002, 02:00 PM
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AHENRY:
I found nothing on the Texas state site other than what was posted about exceptions to the rules, but in lieu of that I think it would be safe to assume that the law reads anything under 5 1/2 " blade length is okay in your state. Noting that, I would not carry anything larger under the umbrella of the CCW unless I absolutely had it in writing from the state that it was acceptable with that caveat [the ccw].

In Massachusetts, I have a ccw but I can't carry items considered contraband [under our codes] just because I have the permit. If there were a blade length restriction in Ma., my carry permit would not exempt me from carrying anything over the legal limit.

I would venture to guess the law would look it the same way in Texas unless, like I said, you have confirmation from the state that the ccw excludes you from that statute.

Good luck in the search for the truth, if you find that you are exempted with the ccw, please let us know.

Brownie
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Old 08-20-2002, 02:25 PM
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Brownie0486,

I think what you said about what is for sure legal is a good guideline. As I said I personally didn’t need to test out the law any more than what was allowed anyway, so I didn’t. I can tell you for a fact however, that the CHL exemption does exempt holders from at least part of the section describing what is classified as a prohibited weapon. What gets confusing is if this exemption applies to the entire section (46.02), or only the handgun part. The whole concept of the CHL bill was an exemption to the Penal Code, but its not very clear (at least to this non-lawyer) how much is exempted and more specifically, if it includes knives. Based on my brief (and very political like) conversation with the AG’s office, I tend to think that the entire section is exempted. YMMV
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Old 08-20-2002, 10:03 PM
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I don't know if this will help the discussion or not, but here goes. Several months ago, I was at a gun show talking to a knife dealer who has been a steady supplier of blades for me. He mentioned to me that he heard that CHL holders would soon be able to legally carry auto knives, but couldn't confirm it.

Once Monday arrived, I emailed the Texas DPS CHL department and specifically asked that question, trying to see if some new auto's would be making their way into my knife drawer . The answer I received was very specific: The Texas CHL laws apply to handguns only-no CHL holder can legally carry an auto knife. Oh well....geegee
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Old 08-21-2002, 02:51 AM
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Persons holding a Commssion as a personal protection officer (bodyguard) can carry (in addition to a concealed handgun) a fixed-blade knife suited to such work. I think there is a blade length parameter but can not recall what it is.

It is interesting that the TPC refers to "daggers, dirks (etc)" and "bowie knives" as illegal knives - but fails to define them. In other words.... about any three to ten inch fixed blade knife that "looks like a dagger" could send you to jail and just about any sheath knife that joe or jane average thought "looks like a bowie knife to me" could do likewise. Not a very well written law; and evidently written (by anyone with half a brain) knowingly to produce an environment where most will not carry anything at all, or more than a "pocket folder" for fear of getting arrested and maybe going to jail.

This is a prime example of "no prohibition" is far better than any "badly drafted" law at all.

--------------------------------------

"The idea gleaming and dancing before one's eyes like a will-of-the-wisp at last frames itself into a plan. Why should we not form a secret society with but one object, the furtherence of the British Empire and the bringing of the whole uncivilised world under British rule, for the recovery of the United States, for the making the Anglo-Saxon race but one Empire?" - Cecil Rhodes
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Old 08-21-2002, 07:54 AM
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LAK:
Here are the definitions according to Blacks Law Dictionary in quotes:

"Sti*let"to (?), n.; pl. Stilettos (#). [It., dim. of stilo a dagger, fr. L. stilus a pointed instrument. See Style for writing, and cf.
Stylet.]

1. A kind of dagger with a slender, rounded, and pointed blade.

2. A pointed instrument for making eyelet holes in embroidery.

3. A beard trimmed into a pointed form. [Obs.]
__________________________________________________ __
Dagger

Dag"ger (?), n. [Cf. OE. daggen to pierce, F. daguer. See Dag a dagger.]

1. A short weapon used for stabbing. This is the general term: cf. Poniard, Stiletto, Bowie knife, Dirk, Misericorde, Anlace.

2. (Print.) A mark of reference in the form of a dagger [†]. It is the second in order when more than one reference
occurs on a page; -- called also obelisk. Dagger moth (Zoöl.), any moth of the genus Apatalea. The larvć are often
destructive to the foliage of fruit trees, etc. -- Dagger of lath, the wooden weapon given to the Vice in the old Moralities.
Shak. -- Double dagger, a mark of reference [‡] which comes next in order after the dagger. -- To look, ∨
speak, daggers, to look or speak fiercely or reproachfully.
__________________________________________________ __
Dirk

Dirk (?), n. [Ir. duirc.] A kind of dagger or poniard; -- formerly much used by the Scottish Highlander. Dirk knife, a clasp
knife having a large, dirklike blade.
__________________________________________________ __
dou·ble-edged (dbl-jd)
adj.

1.Having two cutting edges: a double-edged blade.
2.
a.Effective or capable of being interpreted in two ways: double-edged praise.
b.Having a dual purpose: combat troops with a double-edged mission.
__________________________________________________ __

A kitchen carving knife would/could be classified as a Bowie type knife.

Knife definitions are left vague in the text of the law or not defined at all for several very good reasons. One would be that by not being specific the enforcement of the law and outcome of charges will be on a case by case basis with the courts determining your actions. Lots of wiggle room for them that way.
Another reason is that interpretation of the definitions is also left to the courts to figure out on a case by case basis.

The definitions are vague in most states because politicians [law makers] don't know what they are talking about when it comes to knife terms, etc. They copy language written by others from other jurisdictions and the cycle continues. Law makers do not like to define specifically and want to let the courts make the determinations.

Your take on the "Persons holding a Commssion as a personal protection officer (bodyguard) can carry (in addition to a concealed handgun) a fixed-blade knife suited to such work. I think there is a blade length parameter but can not recall what it is."-------The parameter would probably be the 5 1/2" restriction statewide there.
I'm not familiar with the commisioning of a bodyguard in Texas so can not comment on this. I find it interesting the law specifically states "bodyguard", and not PI's, security officers who could find themselves performing this function even when it may just be babysitting someone. The law could probably be challlenged as discriminatory sometime in the future.

The definitions provided would most likely be used for or against you depending on your status in the community and how many people you know in the right places. The world runs this way and we can't change it.

You carry and take your chances. I can legally carry one of my Bagwell Fighting Bowies [Hells Belle model] in my state as there is not restrictions on length here [yet], but try to use it to defend yourself and I can expect I'll be charged when they see the thing. It is all business and just observing the thing in someones hands scares the hell out of people.
As very few [relatively speaking] carry a fixed blade for defense, society would not be prepared to hear you were carrying that sticker. It boggles their minds that anyone would WANT to carry something like that, and they are the ones who will judge you as you sit beside your atty. in court. If it isn't something everyone does, then why did you need to carry that thing in the first place?
Thats the attitude whether we like it or not, although in parts of the country [where you are] the knife culture goes back 165 years and consequently those states have the most restrictive fixed blade laws on the books.

In New Orleans from 1820's-1860's knife duals happened at the "duelling oaks" [now a city park] under several Oak trees there at the rate of up to 30 duels a day for years. Around the 1850 era, laws were enacted there to prevent duelling with bowie type knives as so many were being "letted" daily and the city folks wanted it stopped. Those restrictions on carrying a bowie type knife as some of the most restrictive in the country at this time and are still on the books. Big knife culture for a long time in that area, and people still carry the big blades in preference to the folders most of us "civilized folks" utilize today for defensive purposes.

Been down to the "Oaks" twice and have some nice pictures of the boys and I at the last remaining "Oak" where the duels took place. A lot of knife history was made there in that area back then, and of course James Bowie and his family resided in Arkansas and Louisiana for years. You will still find a big blade culture/mentally in those parts of the country because of their history which us "civilized New Englanders" of the era found appalling, crude and barbaric then and certainly would not think a big blade for defense was "necessary".
There's the rub, if your peers don't think it was necessary to carry the thing in the first place, you don't stand much chance at defending why you stuck someone with "THAT".

They would be uneducated in the nuances of defense with the big blades and consequently not look favorably on you as a defendant. Not good odds to start with me thinks.

Hope this helps some on the list determine what may or may not be the right thing to carry in their particular locale.

Brownie
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Old 08-22-2002, 02:54 AM
LAK LAK is offline
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Brownie,

I agree. But it doesn't take much to figure it out - and I wouldn't buy the idea that many in the legislature voted yes to such things entirely out of ignorance. The wording is so broad as to include just about anything and everything.

Researching case law might be a good idea for anyone desiring to carrying anything "doubtful" in Texas - or anywhere else for that matter. But that in itself could be a very time consuming and expensive exercize.

-----------------------------------------------

"The idea gleaming and dancing before one's eyes like a will-of-the-wisp at last frames itself into a plan. Why should we not form a secret society with but one object, the furtherence of the British Empire and the bringing of the whole uncivilised world under British rule, for the recovery of the United States, for the making the Anglo-Saxon race but one Empire?" - Cecil Rhodes
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  #17  
Old 02-20-2004, 06:39 PM
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jcohen jcohen is offline
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legal research

Brownie:

Massachusetts knife laws:

Please keep in mind where you found this information and when it was written. Furthermore, make sure you read the disclaimer on the Oregon attorney's web page:

IMPORTANT NOTES:
1) These are abridged extracts ONLY from those state laws
explicitly mentioning knives.

2) Most states have additional laws regarding the use of
weapons in the commission of crimes. The laws collected here
are only those in which possession or carry of a knife is the
only crime.

3) Research was conducted in September 1996; new laws or
amendments may have been passed since then. I have
included later updates and revisions for many states,
but not all. See notes for each state.

4) Some cities or counties may have additional or more
restrictive local laws (e.g. New York City).

5) "None found" means just that. It does not mean that the
state has no knife laws, but only that I cannot find any.



You are relying on 8 year old legal research done by an out of state attorney. Be careful!!

New case law is made virtually every day which could have a profound impact on the relevant statute as of February 20, 2004.

PS: If there is enough demand from members of this list, I will have my law clerk research and write a 2004 Massachusetts Knife Law Update.

Last edited by jcohen; 02-21-2004 at 09:48 AM. Reason: update
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  #18  
Old 02-20-2004, 06:43 PM
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AZ Husker AZ Husker is online now
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Much too confusing! Think I'll just stick with my .45!
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  #19  
Old 02-23-2004, 08:48 AM
brownie0486 brownie0486 is offline
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The only case law I know of is 1998 where

"kitchen knives, swiss army knives and folding type knives are exempt from the statute.

As well, after 9-11, Boston restricts length to 2 1/2"

Brownie

Quote:
Originally Posted by AZ Husker
Much too confusing! Think I'll just stick with my .45!
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  #20  
Old 02-23-2004, 09:24 AM
John T Wylie Jr John T Wylie Jr is offline
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Well Brownie...you have a way of finding the info...perhaps you can assist me ?

I spoke with quite a few people at the Vegas PD ( METRO ) and was inquiring about knife laws...specifically about fixed blades and make blade length on a folder. I did not get one person who agree with the other person. Seeing as most of them were officers , this certainly has me worried about their " view" on the laws regarding knives.

I got answers from : " You have a CCW permit don't you ? Then don't worry about it "...............to " There are no laws , anything is legal ! " to : " well as long as it is not one of them fighting type knives ".....(( hmmm fighting with what ? I was sure fighting with that box my father in law sent at Christmas with 20 yards of tape around it ).

If you can recite or link to any NV knife law ( I check the link in your last post...wasn't allot there on NV ).
thanks....

John
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  #21  
Old 02-23-2004, 09:36 AM
scubie02 scubie02 is offline
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leave it to good ol NY...

"- 265.04. It shall be unlawful for any person under the age
of sixteen to possess any... dangerous knife... A person
who violates the provisions of this section shall be
adjudged a juvenile delinquent. [Found unconstitutionally
vague by Superior Court, 1982; finding reversed by Court
of Appeals, 1983]"

bunch of fascists. So kids basically can't even carry a knife anymore--sad. When I was a kid, I was pretty much taught that a gentleman always carries a pocketknife. Now its some nefarious/suspect thing. Way to go gov't--don't have enough criminals--create some out of everyday people.
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  #22  
Old 02-23-2004, 09:44 AM
brownie0486 brownie0486 is offline
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Hi John,

Try this link:

http://www.leg.state.nv.us/NRS/NRS-2...l#NRS202Sec253

spefically this below seems to be the latest info in Nevada where knives are concerned, but I suggest everyone interested in NV read the entire section of the above link and make their own determinations. Perhaps even then bringing the printed material to a lawyer in NV for his take on it. When looking up knife laws it is always prudentto check the "dangerous weapons" laws where most knives are mentioned. There are no "knife laws" per se in most states, they fall under DW laws usually.

Hope this helps
__________________________________________________ _____

NRS 202.350 Manufacture, importation, possession or use of dangerous weapon or silencer; carrying concealed weapon without permit; penalties; issuance of permit to carry concealed weapon; exceptions.

1. Except as otherwise provided in this section and NRS 202.355 and 202.3653 to 202.369, inclusive, a person within this state shall not:

(a) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slungshot, billy, sand-club, sandbag or metal knuckles;

(b) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend, possess or use a machine gun or a silencer, unless authorized by federal law;

(c) With the intent to inflict harm upon the person of another, possess or use a nunchaku or trefoil; or

(d) Carry concealed upon his person any:

(1) Explosive substance, other than ammunition or any components thereof;

(2) Dirk, dagger or machete;

(3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or

(4) Knife which is made an integral part of a belt buckle.

2. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of:

(a) Paragraph (a) or (c) or subparagraph (2) or (4) of paragraph (d) of subsection 1 is guilty:

(1) For the first offense, of a gross misdemeanor.

(2) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

(b) Paragraph (b) or subparagraph (1) or (3) of paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

3. Except as otherwise provided in this subsection, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife. This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm.

4. Except as otherwise provided in subsection 5, this section does not apply to:

(a) Sheriffs, constables, marshals, peace officers, correctional officers employed by the Department of Corrections, special police officers, police officers of this state, whether active or honorably retired, or other appointed officers.

(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.

(c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.

(d) Members of the Armed Forces of the United States when on duty.

5. The exemptions provided in subsection 4 do not include a former peace officer who is retired for disability unless his former employer has approved his fitness to carry a concealed weapon.

6. The provisions of paragraph (b) of subsection 1 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.

7. As used in this section:

(a) “Concealed weapon” means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.

(b) “Honorably retired” means retired in Nevada after completion of 10 years of creditable service as a member of the Public Employees’ Retirement System. A former peace officer is not “honorably retired” if he was discharged for cause or resigned before the final disposition of allegations of serious misconduct.

(c) “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.

(d) “Nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.

(e) “Silencer” means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.

(f) “Switchblade knife” means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism. The term does not include a knife which has a blade that is held in place by a spring if the blade does not have any type of automatic release.

(g) “Trefoil” means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.

[1:47:1925; NCL § 2302] + [3:47:1925; NCL § 2304]—(NRS A 1959, 548; 1963, 90; 1967, 486; 1973, 190, 900; 1977, 269, 880; 1979, 1435; 1985, 452, 593, 792; 1989, 653; 1995, 1207, 2726; 1997, 826, 1601; 1999, 421, 1208; 2001, 575; 2003, 1351)





NRS 202.355 Manufacture or sale of switchblade knives: Application for permit; eligibility; public hearing; restrictions.

1. Upon written application, the sheriff of any county may issue a permit authorizing a person whose place of business is located in that county to manufacture or to keep, offer or expose for sale switchblade knives if the person demonstrates good cause for such authorization.

2. Before issuing a permit, the sheriff shall request the board of county commissioners to hold a public hearing concerning the issuance of the permit.

3. If the sheriff issues a permit which authorizes a person to sell switchblade knives, the permit must provide that switchblade knives may be sold only to:

(a) A person in another state, territory or country;

(b) A person who is authorized by law to possess a switchblade knife in this state, including, without limitation, any sheriff, constable, marshal, peace officer and member of the Armed Forces of the United States when on duty; and

(c) A distributor who has been issued a permit pursuant to this section.

(Added to NRS by 2003, 1350)
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  #23  
Old 02-23-2004, 07:28 PM
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Saw223 Saw223 is offline
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Makes me happy to be living in Indiana.
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  #24  
Old 06-04-2005, 09:37 AM
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I live in Ohio and unless I missed something I saw very few restrictions on knives at the site "ahenry" posted. It is mostly info on handguns and makes no reference to blade length etc... The usual obvious "dangerous ordenance" and switchblade references but it was mostly aimed at CCW handgun laws. I have an Ohio CCW and would like to know just what I can carry in a way of a pocket folder... LEGALLY

I currently carry a Camillus Dominator with a 3-1/2" blade and it's spring assisted opener. I wear it with the pocket clip in "plain sight" so it isn't a "concealed" weapon.



anone here up on Ohio laws??
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  #25  
Old 02-08-2006, 04:59 PM
Ray P Ray P is offline
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Quote:
Originally Posted by Saw223
Makes me happy to be living in Indiana.

Yeah, Think of how much worse life would be in Illinois. Plus, you have all those nice restaurants over in West Lafayette!

I believe packing.org has links to state knife laws available on their page, too.
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