Armed Polite Society
Main Forums => The Roundtable => Topic started by: 230RN on March 26, 2017, 12:54:35 AM
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Been bitchin' for years about not being able to carry a switchblade.
Rough, sketchy preliminary information....
http://www.denverpost.com/2017/03/24/colorado-ends-decades-old-switchblade-knife-ban/
http://knifenews.com/colorado-knife-laws/
The repeal isn’t effective until 90 days after the legislative session ends and until then...
I believe that means at the end of August. Limit 3.5" blade length. 3.50000001" is illegal, so make sure your 3.49999999" blade stays under 90°F to allow for expansion in hot weather.
SB 17-008 was drafted after Senator Hill was petitioned by John Bloodgood, a retired Master Sergeant in the Air Force. Bloodgood was moved to contact Hill after an incident where his dog became entangled in window blind cords, and he was only able to keep her breathing and cut her free using a tool the state would have considered a gravity knife. “It’s not unusual for a bill to be started because a constituent goes to a legislator and says, ‘Hey, this is stupid,’ ” Ritter says.
I believe they're still illegal Federally, though, like the pot laws here.
Terry
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I believe they're still illegal Federally, though, like the pot laws here.
Only for interstate commerce though, or if you're caught transporting it across state lines. Don't mail it though.
So theoretically knives made in state will be perfectly legal.
I'd imagine a company could build "kits" that are generic enough to not count as switchblades and such, mail the blades, bodies, and other hardware in separate packages* for final assembly in state.
*Can't be a "knife" with no blade, and it'd be hard to argue that a button and a couple springs makes for a switchblade without the body or blade to go with them.
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Do you guys still have the not-enough-rounds magazine limit? (Or do you call it the you're-allowed-to-kill-this-many limit?)
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A couple of years ago, Washington legalized switchblades for police, military and full-time paid first responders. No legal carry for the peons.
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I can carry a pistol on my hip open or concealed here in Oklahoma, because I have a permission slip from the state I can even carry a loaded rifle in my vehicle. But, until recently if I also happen to have a knife with me that is a fraction of an inch longer than some arbitrary rule says it should be or the local LEO thinks it was too scary looking I'd have committed a felony.
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Here in AL, automatic knives have always been legal to own and carry. State law doesn't even address them, or even blade length. The only prohibition is on the carrying of "Bowie knives", which I take to mean fixed-blade knives. Folding knives are legal as long as they fit in a pocket. I can carry a 13" Italian switchblade in my pocket, and it's legal.
After living all my life in WI where switchblades were illegal (until I moved, of course), AL is a refreshing change. The idea of banning a knife that can be opened with one hand is absurd.
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Louisiana knife law was very "open to interpretation." But has been amended to make it MUCH better to allow for modern spring assisted and "thumb open" knifes.
La. R.S. 14:95 (https://legis.la.gov/Legis/Law.aspx?d=78739)
§95. Illegal carrying of weapons
A. Illegal carrying of weapons is:
(1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person; or
(2) The ownership, possession, custody or use of any firearm, or other instrumentality customarily used as a dangerous weapon, at any time by an enemy alien; or
(3) The ownership, possession, custody or use of any tools, or dynamite, or nitroglycerine, or explosives, or other instrumentality customarily used by thieves or burglars at any time by any person with the intent to commit a crime; or
(4)(a) The manufacture, ownership, possession, custody or use of any switchblade knife, spring knife or other knife or similar instrument having a blade which may be automatically unfolded or extended from a handle by the manipulation of a button, switch, latch or similar contrivance located on the handle.
(b) The provisions of this Paragraph shall not apply to the following:
(i) Any knife that may be opened with one hand by manual pressure applied to the blade or any projection of the blade.
(ii) Any knife that may be opened by means of inertia produced by the hand, wrist, or other movement, provided the knife has either a detent or other structure that provides resistance that shall be overcome in opening or initiating the opening movement of the blade or a bias or spring load toward the closed position.
[…]
J. The provisions of this Section shall not prohibit the ownership of rescue knives by commissioned full-time law enforcement officers. The provisions of this Section shall not prohibit the carrying of rescue knives by commissioned full-time law enforcement officers who are in the actual discharge of their official duties. The provisions of this Section shall not prohibit the sale of rescue knives to commissioned full-time law enforcement officers. The provisions of this Section shall not prohibit the ownership or possession of rescue knives by merchants who own or possess the knives solely as inventory to be offered for sale to commissioned full-time law enforcement officers. As used in this Subsection, a "rescue knife" is a folding knife, which can be readily and easily opened with one hand and which has at least one blade which is designed to be used to free individuals who are trapped by automobile seat belts, or at least one blade which is designed for a similar purpose. No blade of a rescue knife shall exceed five inches in length.
[...]
Amended by Acts 1956, No. 345, §1; Acts 1958, No. 21, §1; Acts 1958, No. 379, §§1, 3; Acts 1968, No. 647, §1; Acts 1975, No. 492, §1; Acts 1986, No. 38, §1; Acts 1992, No. 1017, §1; Acts 1993, No. 636, §1; Acts 1993, No. 844, §1; Acts 1994, 3rd Ex. Sess., No. 143, §1; Acts 1995, No. 636, §1; Acts 1995, No. 930, §1; Acts 1995, No. 1195, §1; Acts 1995, No. 1199, §1; Acts 1997, No. 508, §1; Acts 1997, No. 611, §1; Acts 1997, No. 1064, §1; Acts 1999, No. 738, §1; Acts 1999, No. 924, §1; Acts 1999, No. 953, §1; Acts 2003, No. 608, §1; Acts 2003, No. 766, §1; Acts 2006, No. 515, §1; Acts 2006, No. 589, §1; Acts 2008, No. 172, §1; Acts 2011, No. 159, §1; Acts 2012, No. 302, §1 (https://legis.la.gov/Legis/ViewDocument.aspx?d=807194); Acts 2012, No. 383, §1; Acts 2014, No. 390, §2; Acts 2014, No. 677, §1, eff. June 19, 2014; Acts 2015, No. 176, §1; Acts 2015, No. 288, §1; Acts 2016, No. 541, §1; Acts 2016, No. 543, §1.
It was fixed in 2012 https://legis.la.gov/Legis/ViewDocument.aspx?d=807194
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Knife laws - one of the very few things CA did a pretty good job on. Barring autos (under 2" only for carry, no restriction for possession). While I'd like to have an auto just for kicks, I actually find I really like the assisted-opening system on my ZT350.
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TX removed the prohibition against "automatic knives" in 2013 . . . there are still prohibitions against carrying a sword, spear, tomahawk, dirk, dagger, stilletto, poniard, or Bowie knife (in TEXAS?!?!) or anything with a blade over 5 1/2".
Some of these terms aren't explicitly defined and IANAL, but it's my understanding that things like double edged knives and push daggers would not be allowed. So even though switchblades are no longer prohibited SOME of them (particularly some OTF opening designs) may still be verboten due to their still falling into an additional "prohibited" category.
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AZ is pretty good with this, seems like its all good to have any knife or gun on you
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^ :O
Why the crime rate in AZ must be sky high ! How could they possibly allow that?
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^ :O
Why the crime rate in AZ must be sky high ! How could they possibly allow that?
Well, those gang fights can get pretty colorful.
(https://wondersinthedark.files.wordpress.com/2014/09/west-side-story-jets-vs-sharks.jpg)
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TX removed the prohibition against "automatic knives" in 2013 . . . there are still prohibitions against carrying a sword, spear, tomahawk, dirk, dagger, stilletto, poniard, or Bowie knife (in TEXAS?!?!) or anything with a blade over 5 1/2".
Some of these terms aren't explicitly defined and IANAL, but it's my understanding that things like double edged knives and push daggers would not be allowed. So even though switchblades are no longer prohibited SOME of them (particularly some OTF opening designs) may still be verboten due to their still falling into an additional "prohibited" category.
Yeah, pretty much, though I'd like to get a few people with real experience to go before the legislature and point out that, especially with modern medicine, (which can deal with deep puncture wounds quite well) it would be better for punks to play with stabby knives than slashy ones. Several slash targets are obvious, while stabbing ones are less so, and the attacker is unlikely to know just how much force it really takes to drive a poniard in deep, or pull it out again afterward.
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TX removed the prohibition against "automatic knives" in 2013 . . . there are still prohibitions against carrying a sword, spear, tomahawk, dirk, dagger, stilletto, poniard, or Bowie knife (in TEXAS?!?!) or anything with a blade over 5 1/2".
Some of these terms aren't explicitly defined and IANAL, but it's my understanding that things like double edged knives and push daggers would not be allowed. So even though switchblades are no longer prohibited SOME of them (particularly some OTF opening designs) may still be verboten due to their still falling into an additional "prohibited" category.
It really bugs me that TX outlaws Bowie knives but never provides a legal definition. So I guess it means whatever the cop wants it to mean and you have to sort it out later.
It also bugs me for historic reasons (I can visualize Jim Bowie being led away from the Alamo in handcuffs by a Bexar County deputy)
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Only for interstate commerce though, or if you're caught transporting it across state lines. Don't mail it though.
So theoretically knives made in state will be perfectly legal.
I'd imagine a company could build "kits" that are generic enough to not count as switchblades and such, mail the blades, bodies, and other hardware in separate packages* for final assembly in state.
*Can't be a "knife" with no blade, and it'd be hard to argue that a button and a couple springs makes for a switchblade without the body or blade to go with them.
Don't try to finesse the system thataway.
There is an Institute for Legislative Action (NRA-ILA) report in the April issue of the American Rifleman (page 88, "When Laws Collide: Federal Pre-emption and State Firearms Freedom Acts) regarding this type of thing in terms of firearms manufacture and sale. The implications of the jurisprudence seems to be relevant as well to the States' marijuana laws and possibly knife laws.
Upshot: The feds can take jurisdiction regardless of the State's position on the commerce clause.
And they have scads and scads of salaried 8-hour-a-day lawyers.
You don't.
Terry, 230RN
Comment: I started this thread while jumping up and down with glee over Colorado's "legalizing" switchblade knives. It wasn't until later that I read the NRA-ILA's article and I stopped jumping for joy.
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There is an Institute for Legislative Action (NRA-ILA) report in the April issue of the American Rifleman (page 88, "When Laws Collide: Federal Pre-emption and State Firearms Freedom Acts) regarding this type of thing in terms of firearms manufacture and sale. The implications of the jurisprudence seems to be relevant as well to the States' marijuana laws and possibly knife laws.
The difference, as I see it, is that the knife law requires actual transport across a state line to be illegal.
Now, if you want to really be safe, I imagine that you could order the blades from company A, the handles from B, then manufacture the opening equipment, to include drilling a button hole into the handle, in state for final assembly.
Rereading my post, I get the impression that I was more making a "switchblade kit" advertisement with the implication that somebody in the state of Colorado orders a "switchblade kit" which is then mailed to him. This was not what I intended. I was picturing more that Company A orders parts from Company B, and possibly more companies, then assembles the knives in Colorado for sale in state.
IE A orders a big box of blades, and a big box of handles, and a big box of other parts...
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I have and carry a few as they are legal in WI now, but I don't carry them into other states.
Things that fit in my pockets (legally) in WI:
(https://armedpolitesociety.com/proxy.php?request=http%3A%2F%2Fimg.photobucket.com%2Falbums%2Fv635%2Fbrimic%2F98BB8EE6-7393-4BC1-AF72-08F12CFD76BC_zpsgkk4bhpr.jpg&hash=4064039502dfcdaa82ad2d438a4a1e1165b17957) (http://smg.photobucket.com/user/brimic/media/98BB8EE6-7393-4BC1-AF72-08F12CFD76BC_zpsgkk4bhpr.jpg.html)