Armed Polite Society

Main Forums => Politics => Topic started by: Ben on May 11, 2015, 12:26:49 PM

Title: Knife Rights
Post by: Ben on May 11, 2015, 12:26:49 PM
I thought this was interesting since knife laws come up here from time to time. One of the things I thought about while reading the article is that I have seen the terms "tactical knife" "military knife" and "fighting knife" come up quite a bit of late in media, both news and entertainment.

Recently in a local news story, some crank threatened his neighbor, so he had all his guns and knives confiscated. The story specifically said a "military knife" was taken. The photo of the bolt action rifles, katana, and knife had the knife, to me, looking like a Spyderco. CA actually has very liberal knife laws that absolutely allow most any length of folder that's manual or assisted opening, but the story made it sound like the guy had an illegal knife of some sort.

I also saw in a couple of recent NCIS episodes that they referred to a folding knife in a way that made it look like, "What's a civilian doing with this?"

Anyway, it's probably good that there is some movement on fixing some of the silly knife laws out there.

http://www.foxnews.com/politics/2015/05/11/knife-rights-movement-gets-switchblades-other-knife-laws-repealed-in-states/
Title: Re: Knife Rights
Post by: Hawkmoon on May 11, 2015, 12:34:00 PM
I have never understood why many states (mine included) will issue a permit/license to carry a concealed firearm, but the license doesn't include a folding pocket knife.

[Yes, a few states issue concealed "weapons" permits, but I think they are in the minority.]
Title: Re: Knife Rights
Post by: wmenorr67 on May 11, 2015, 01:10:31 PM
To me a knife is just like a firearm, it is a tool.
Title: Re: Knife Rights
Post by: griz on May 11, 2015, 03:39:08 PM
Reporters tend to be clueless about guns and knives.  I think when they see one they don't think looks typical, they assume it is for some evil purpose and attach whatever name that comes to mind if it seems scary enough.  Besides the "assault rifle" term, the recent confusion in Baltimore over a knife that wasn't a switchblade comes to mind.

Since fixed blade knives came first, I've always wondered how making a folder easier to open became viewed as dangerous.  It's like outlawing running water because it makes it easier to drown somebody.
Title: Re: Knife Rights
Post by: vaskidmark on May 11, 2015, 04:13:19 PM
Reporters tend to be clueless about guns and knives.  I think when they see one they don't think looks typical, they assume it is for some evil purpose and attach whatever name that comes to mind if it seems scary enough.  Besides the "assault rifle" term, the recent confusion in Baltimore over a knife that wasn't a switchblade comes to mind.


It seems that in the rest of Maryland the knife in question is not a switchblade, but within the city limits of Baltimore it is in fact a switchblade.

Knife laws need the same preemption treatment as that which most states have regarding firearm laws.

stay safe.
Title: Re: Knife Rights
Post by: KD5NRH on May 11, 2015, 04:31:19 PM
I have never understood why many states (mine included) will issue a permit/license to carry a concealed firearm, but the license doesn't include a folding pocket knife.

I'd like to have one that covers an expandable baton.  Sure, I'd rather use a gun when practical, but it's better than a knife, and in a crowd, I at least know I'm not going to endanger anyone outside of a few feet from me with it.
Title: Re: Knife Rights
Post by: T.O.M. on May 11, 2015, 06:28:11 PM
Funny this comes up today,  as I have been thinking about this issue.  My primary EDC knife is a SOG Trident, which is an assisted opening knife.  Used it by a cop friend who informed me it is illegal in Columbus, Ohio, as are any spring opening jnives.  Makes me think of shifting to a pure manual knife, just to be safe no matter where I may travel.
Title: Re: Knife Rights
Post by: MikeB on May 11, 2015, 07:22:16 PM
To me a knife is just like a firearm, it is a tool.

A knife should be considered a tool and unregulated like a screwdriver, it should also be covered by the whole keep and bear arms thingie. I'm pretty sure the founding fathers had knives they considered tools, ones that were arms and ones that were both.
Title: Re: Knife Rights
Post by: MechAg94 on May 11, 2015, 07:58:47 PM
I'd like to have one that covers an expandable baton.  Sure, I'd rather use a gun when practical, but it's better than a knife, and in a crowd, I at least know I'm not going to endanger anyone outside of a few feet from me with it.
Since we mention tools, just carry a fence tool.
Title: Re: Knife Rights
Post by: T.O.M. on May 11, 2015, 08:30:41 PM
A knife should be considered a tool and unregulated like a screwdriver, it should also be covered by the whole keep and bear arms thingie. I'm pretty sure the founding fathers had knives they considered tools, ones that were arms and ones that were both.

What's funny to me is that, for me, a knife is truly a tool.  I took a class in knife defense, and learned that I better bring a gun to a knife fight...or a whole lot of band aids.
Title: Re: Knife Rights
Post by: French G. on May 12, 2015, 02:28:42 AM
Jim Crow. Virginia was may issue, the right people could get guns, got to keep all the other weapons from the wrong people.
Title: Re: Knife Rights
Post by: MikeB on May 12, 2015, 04:30:37 AM
What's funny to me is that, for me, a knife is truly a tool.  I took a class in knife defense, and learned that I better bring a gun to a knife fight...or a whole lot of band aids.

I've studied martial arts that had knife training and came to the same conclusion fighting against someone with a knife or defending against someone with a knife means your are probably almost definitely going to get cut. Doesn't mean a knife isn't an arm and shouldn't be protected under the 2nd Amendment.
Title: Re: Knife Rights
Post by: vaskidmark on May 12, 2015, 07:40:56 AM
Jim Crow. Virginia was may issue, the right people could get guns, got to keep all the other weapons from the wrong people.

Went from a "concealed weapons permit" under may-issue to a "concealed handgun permit" under shall-issue.  Lots of folks left wondering what to do with that razor that used to be carried in their sock.  Not to mention that you now had to be somebody special like the Harbormaster of the City of Hopewell (inside Va politics joke - they stashed the party bigwig's kid brother there hoping he could not screw that up like he had every previous wet dream) to still carry a switchblade.

Still illegal to sell switchblades in Va (possession is OK) so dealers at gunshows started giving them away with every bag of candy you bought.  State Police stood there and watched me buy several bags of candy.  After a while the State Police got the OK to ramp up intimidation on dealers so you hardly see a switchblade any more.

stay safe.
Title: Re: Knife Rights
Post by: T.O.M. on May 12, 2015, 08:48:59 AM
I've studied martial arts that had knife training and came to the same conclusion fighting against someone with a knife or defending against someone with a knife means your are probably almost definitely going to get cut. Doesn't mean a knife isn't an arm and shouldn't be protected under the 2nd Amendment.

Agreed.  Also agree that a concealed weapon permit should include less lethal options like a baton to allow an individual to escalate force in proportion to the threat.
Title: Re: Knife Rights
Post by: zxcvbob on May 12, 2015, 09:29:04 AM
Since we mention tools, just carry a fence tool.

Isn't that still illegal in Texas?
Title: Re: Knife Rights
Post by: MechAg94 on May 12, 2015, 09:47:53 AM
Isn't that still illegal in Texas?
It would probably be considered a club I guess. 

I think Texas allows knives up to 3" blade length, but that is just what I have heard.
Title: Re: Knife Rights
Post by: Monkeyleg on May 12, 2015, 10:14:44 AM
Quote
I also saw in a couple of recent NCIS episodes that they referred to a folding knife in a way that made it look like, "What's a civilian doing with this?"

Reminds me of the scene from "Dirty Harry" when Clint Eastwood is taping an Italian switchblade to his ankle, and his lieutenant says, "it's disgusting that a police officer should know how to use a weapon like that."  ;/
Title: Re: Knife Rights
Post by: MillCreek on May 12, 2015, 10:23:27 AM
Agreed.  Also agree that a concealed weapon permit should include less lethal options like a baton to allow an individual to escalate force in proportion to the threat.

I hypothetically know a person, let's call him a middle-aged healthcare executive white male, who on occasion carries an ASP collapsible baton with him, even though that is possibly illegal under Washington state law.  He thinks to himself that the chance of him being involved with the police is exceedingly low, and he would rather use an effective less-lethal alternative if at all possible, and if he does have to use it, he is confident between his socioeconomic class and legal representation that the legal system will not be overly hard on him.  He also thinks that he would rather take his chances and be tried by twelve than carried by six.
Title: Re: Knife Rights
Post by: zxcvbob on May 12, 2015, 11:46:07 AM
It would probably be considered a club I guess. 

I think Texas allows knives up to 3" blade length, but that is just what I have heard.

Not an illegal weapon.  I mean illegal because of some antiquated law about cattle rustling (carrying fence tools, "running" branding irons, or wire cutters).  ;/
Title: Re: Knife Rights
Post by: HankB on May 12, 2015, 12:12:00 PM
It would probably be considered a club I guess. 

I think Texas allows knives up to 3" blade length, but that is just what I have heard.
Automatic knives (switchblades) are now legal in TX, but the law still restricts carry of dirks, daggers, Bowie knives, and knives with a blade over 5.5" in length.

IANAL, but it's my understanding that case law - not actual statute - has held that dirks and daggers are double edged, so along with certain fixed blade knives there are some switchblades (notably some OTF/Out The Front opening knives) that are still restricted for carry.

Quote from: From Texas Penal Code section 46.01:
(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)  bowie knife;
(E)  sword; or
(F)  spear.

Other parts of the law deal with clubs, tomahawks, etc.
Title: Re: Knife Rights
Post by: Angel Eyes on May 12, 2015, 03:24:53 PM
Bowie knives are illegal in Texas??  Where is their sense of history?

Title: Re: Knife Rights
Post by: brimic on May 12, 2015, 03:35:41 PM
Bowie knives are illegal in Texas??  Where is their sense of history irony?



FIFY
Title: Re: Knife Rights
Post by: zxcvbob on May 12, 2015, 03:35:55 PM
Bowie knives are illegal in Texas??  Where is their sense of history?



Sad, ain't it?  (and I bet there's not a legal definition of Bowie knife)
Title: Re: Knife Rights
Post by: KD5NRH on May 12, 2015, 03:43:51 PM
Sad, ain't it?  (and I bet there's not a legal definition of Bowie knife)

Nope.  Not a single word of definition to clarify what constitutes a bowie knife, sword, spear or "dagger, including but not limited to a dirk, stiletto, and poniard."
Title: Re: Knife Rights
Post by: T.O.M. on May 12, 2015, 06:37:18 PM
I hypothetically know a person, let's call him a middle-aged healthcare executive white male, who on occasion carries an ASP collapsible baton with him, even though that is possibly illegal under Washington state law.  He thinks to himself that the chance of him being involved with the police is exceedingly low, and he would rather use an effective less-lethal alternative if at all possible, and if he does have to use it, he is confident between his socioeconomic class and legal representation that the legal system will not be overly hard on him.  He also thinks that he would rather take his chances and be tried by twelve than carried by six.

I tell people all the time, make your choices and live withe TT he consequences.  Sounds like you have.  Good for you.

Not sure how the law is for your neck of the woods, but here in Ohio, the prohibition on concealed weapons is a misdemeanor for anything but a loaded firearm.  Of course, if you would have to use it, the charges could be higher, but the law of self-defense then would come into play as well.
Title: Re: Knife Rights
Post by: HankB on May 14, 2015, 11:06:36 PM
Quote
Of course, if you would have to use it, the charges could be higher, but the law of self-defense then would come into play as well.
There's also the matter that if a person is violently assaulted, the perp has probably made sure there's no cop around to intervene . . . which of course means that there's no cop around to apprehend his intended victim should he resist the assault with an unexpected amount of vigor.  :angel:
Title: Re: Knife Rights
Post by: JN01 on May 15, 2015, 08:32:01 PM
Bowie knives are illegal in Texas??  Where is their sense of history?



And some of the most restrictive gun laws in the nation are in the state where the American Revolution was sparked by a British attempt at arms seizure.
Title: Re: Knife Rights
Post by: Hawkmoon on May 16, 2015, 12:27:56 PM
A knife should be considered a tool and unregulated like a screwdriver, it should also be covered by the whole keep and bear arms thingie. I'm pretty sure the founding fathers had knives they considered tools, ones that were arms and ones that were both.

I suspect the founding fathers all carried small knives. They still wrote with quill pens in those days, and the pen nibs required periodic reshaping. That's where the term "penknife" comes from. Every gentlemen carried a small knife for sharpening his pen nibs.
Title: Re: Knife Rights
Post by: Hawkmoon on May 16, 2015, 12:32:48 PM
And some of the most restrictive gun laws in the nation are in the state where the American Revolution was sparked by a British attempt at arms seizure.

True. And the Massachusetts state constitution does NOT treat the RKBA as an individual right.

Quote
Article XVII. The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority, and be governed by it.

Take note of the spelling of "defence." This article has not been changed since it was first adopted ... in 1780.
Title: Re: Knife Rights
Post by: gunsmith on May 16, 2015, 01:03:22 PM
the recent Baltimore fiasco had me thinking about this subject.
I hardly watch the other cable news networks as fox is liberal enough for my taste - it was sad/hilarious watching them fumble mumble about the differences betwixt spring assist, thumb stub and switchblade.
Our legislatures are so racist and stupid.
Most folks can't carry switchblades because in the fifties and sixties teen exploitation movies had hoodlums using them, machine guns got the same treatment in the 20's - 30's and we cant carry nunchucks because Bruce Lee used them and the kung-fu exploitation movies in the 70's scared people ...
So two of the oldest common use weapons will net you a record for mere possession, completely opposite of the spirit of the 2A and the two SCOTUS decisions heller/mcdonald ....
How long have humans used knives now? Since before they were even modern humans!   
Title: Re: Knife Rights
Post by: Scout26 on May 16, 2015, 03:52:14 PM
Dad say that the "Switchblade laws" were supposed to stamp out teenage gang crimes.*


Ummmmm, not quite.









*- He also famously said that, "They are going to legislate us to Heaven, whether we want to go or not."
Title: Re: Knife Rights
Post by: gunsmith on May 16, 2015, 11:20:56 PM
why you can't carry a switchblade.
 ;/ [popcorn]
https://www.youtube.com/watch?v=MWb_xz0OakQ
Title: Re: Knife Rights
Post by: MillCreek on May 18, 2015, 09:10:28 AM
http://www.seattletimes.com/nation-world/varying-knife-laws-can-confuse-across-state-local-lines/

A timely AP article on the subject.