Close
Page 7 of 13 FirstFirst ... 23456789101112 ... LastLast
Results 61 to 70 of 122
  1. #61
    Sifu Lex_Luthor's Avatar
    Join Date
    Oct 2010
    Location
    Commerce City
    Posts
    1,729

    Default

    That's entirely true. And I for one, know that if I was confronted by LEO about a knife that can be opened by a flick of the finger, according to Idmaster, I wouldn't be in a position to challenge his stance, and I wouldn't try. He'd be quoting case law to me, and I would be none the wiser. It would be much simpler to me to just surrender my knife, pay the citation and be on with my life. He had it right on, but the only difference in his words that I saw were "flick of a finger" vs. "flick of a button", so I guess I was thinking through my fingers, and wondering if that would open up some ground in the case of a knife like mine.

    So, hypothetically, if I was confronted and had my knife confiscated and I was cited because it could be opened with the flick of a finger, but if the statute says "flick of a button", would I be let off the hook, or would the case be thrown out? I wouldn't be interested in disputing what an officer said, especially during the confrontation itself, due to his having a badge and all. But it helps to know, especially if I carry it daily.

  2. #62
    Grand Master Know It All OneGuy67's Avatar
    Join Date
    Apr 2010
    Location
    Denver, CO
    Posts
    2,502

    Default

    Realize I am writing this as a LEO, but I would comply with what the officer is doing and then argue in court. It is never a good idea to argue on the street with an officer; the officer will win. Bad things will happen.

    I would research the statute that I was written a citation under and see if I was in the right or wrong. In this situation we are discussing, you would discover your knife was within the legal definition and thus, not illegal (barring the length of the blade isn't an issue by the definition).

    I would then bring that argument to court with me and discuss the issue with the prosecutor and want a dismissal if I am in the right and a note or letter from the prosecutor to the law enforcement agency stating it was okay to release the knife back to me and that the case was dismissed due to whatever reason. If the knife wasn't illegal, then they should be willing to return it at the end of the case, but it probably will take the letter from the DA to get it back.

    Then, if you want to push the issue, you can file a complaint against the officer with his department on the argument that he wrote an unlawful citation and provide the documentation you provided to the court and whatever letter or note you obtained from the DA, if any. He wouldn't get fired for something like this, but it would be in his permanent file and most likely, he would need to show an understanding of the issue to his sergeant or lieutenant so it wouldn't happen again. The disciplinary issues are not public documents, so you may not hear the resuls of it, depending upon the agency and how transparent they are. Some are very transparent and some are very closed. Most are in the middle.

    If you really want to push the issue, you can sue, but your loss is minimal and it would be difficult to get an attorney to represent you in it.
    “Every good citizen makes his country's honor his own, and cherishes it not only as precious but as sacred. He is willing to risk his life in its defense and is conscious that he gains protection while he gives it.” Andrew Jackson

    A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.'

    That is Honor, and there are way too many people in this country who no longer understand it.

  3. #63
    Sifu Lex_Luthor's Avatar
    Join Date
    Oct 2010
    Location
    Commerce City
    Posts
    1,729

    Default

    THanks! It was purely hypothetical. Blade length is a non issue at 3 1/4".

  4. #64
    Gourmet Catfood Connoisseur StagLefty's Avatar
    Join Date
    Oct 2007
    Location
    Maine
    Posts
    6,637

    Default

    Is the 3 1/4" actual cutting edge length or blade length from tip to handle ?
    The reason I ask is because this can make the difference with most of my knives between legal or illegal. ??
    Don't pick a fight with an old man. If he is too old to Fight, he'll just kill you.

  5. #65
    Grand Master Know It All OneGuy67's Avatar
    Join Date
    Apr 2010
    Location
    Denver, CO
    Posts
    2,502

    Default

    Quote Originally Posted by StagLefty View Post
    Is the 3 1/4" actual cutting edge length or blade length from tip to handle ?
    The reason I ask is because this can make the difference with most of my knives between legal or illegal. ??

    ...any knife having a blade greater than three and one-half (3½) inches in length...
    “Every good citizen makes his country's honor his own, and cherishes it not only as precious but as sacred. He is willing to risk his life in its defense and is conscious that he gains protection while he gives it.” Andrew Jackson

    A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.'

    That is Honor, and there are way too many people in this country who no longer understand it.

  6. #66
    Rebuilt from Salvage TFOGGER's Avatar
    Join Date
    Dec 2008
    Location
    Aurora
    Posts
    7,784

    Default

    Quote Originally Posted by StagLefty View Post
    Is the 3 1/4" actual cutting edge length or blade length from tip to handle ?
    The reason I ask is because this can make the difference with most of my knives between legal or illegal. ??
    I believe the common interpretation is the portion from the handle/guard to the tip.

  7. #67
    Gourmet Catfood Connoisseur StagLefty's Avatar
    Join Date
    Oct 2007
    Location
    Maine
    Posts
    6,637

    Default

    Quote Originally Posted by TFOGGER View Post
    I believe the common interpretation is the portion from the handle/guard to the tip.
    Thanks TFOGGER- I was looking for something beside a vague quote
    Don't pick a fight with an old man. If he is too old to Fight, he'll just kill you.

  8. #68
    Grand Master Know It All OneGuy67's Avatar
    Join Date
    Apr 2010
    Location
    Denver, CO
    Posts
    2,502

    Default

    Quote Originally Posted by StagLefty View Post
    Thanks TFOGGER- I was looking for something beside a vague quote
    It wasn't a vague quote, it was the definition in statute. No more, no less. That is the definition that LEO's will use.
    “Every good citizen makes his country's honor his own, and cherishes it not only as precious but as sacred. He is willing to risk his life in its defense and is conscious that he gains protection while he gives it.” Andrew Jackson

    A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.'

    That is Honor, and there are way too many people in this country who no longer understand it.

  9. #69
    Varmiteer
    Join Date
    Dec 2009
    Location
    golden
    Posts
    650

    Default

    Thread now has me wondering about my knife that I carry daily. It only has a three inch blade, but is spring loaded. Looks like a normal folder with a thumb button on the blade. Barely touch it and it swings open fully every time. Been a great easy to open knife. Even have cleaned a deer with it. Is it now considered too dangerous for me to possess or carry?
    BTW its a Ken Onion Kershaw 1560

    (Having to worry about carrying a pocket knife...GMAFB)

  10. #70
    Grand Master Know It All OneGuy67's Avatar
    Join Date
    Apr 2010
    Location
    Denver, CO
    Posts
    2,502

    Default

    Quote Originally Posted by CapLock View Post
    Thread now has me wondering about my knife that I carry daily. It only has a three inch blade, but is spring loaded. Looks like a normal folder with a thumb button on the blade. Barely touch it and it swings open fully every time. Been a great easy to open knife. Even have cleaned a deer with it. Is it now considered too dangerous for me to possess or carry?
    BTW its a Ken Onion Kershaw 1560

    (Having to worry about carrying a pocket knife...GMAFB)

    I viewed a video of your knife online and while it appears to be pretty close to what could be considered a switchblade, I would say it isn't according to the strict interpretation of the definition. Again, I wouldn't hassle anyone that had a knife such as yours unless the knife was being used in a manner that violated other laws. That is just me and I know a number of old cops like me that feel the same way about the issue.
    “Every good citizen makes his country's honor his own, and cherishes it not only as precious but as sacred. He is willing to risk his life in its defense and is conscious that he gains protection while he gives it.” Andrew Jackson

    A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.'

    That is Honor, and there are way too many people in this country who no longer understand it.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •