Knives - once and for all. LEOs? Lawyers?

[Lex_Luthor]

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.

[OneGuy67]

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.

[Lex_Luthor]

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

[StagLefty]

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. ??

[OneGuy67]

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...

[TFOGGER]

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.

[StagLefty]

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

[OneGuy67]

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.

[CapLock]

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)

[OneGuy67]

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.