Thread: Question about an automatic knife

I live in medford oregon and carry a piranha mini-guard. I recently did some work with a local (unnamed) police agency. During my time they informed me that the blade was in fact illegal to carry. Even though sportsmans wearhouse and another local store sells them and says they are completely legal to carry.

I don't want to get arrested for having an illegal weapon. So can someone help me out on this? Perhaps another oregon police officer or someone who knows the ORS pretty well. They also said that carrying a knife on the inside of my pocket with the clip facing out was concealed.

any information would help, thanks.

Carrying auto knives is legal in OR. Carrying them concealed is illegal. There is a grey area that I don't think is well defined regarding is a knife clip showing concealed. If you don't get a better answer I'll see if there is more info when I'm not using my phone.

Here's a link that has the law and some relative cases: https://www.oregonlaws.org/ors/166.240

Thanks. Any more information would help

Clip exposed carry is legal, as it is not concealed.

Oregon Public Order Offense 166.240 Carrying of concealed weapons. (1) Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor.

Originally Posted by deadeye

Clip exposed carry is legal, as it is not concealed.

See that's what I thought. But some officers think it is concealed. And will even arrest if they can for it. Or just cite and release with full charges and confiscation of the blade.

Is this something that may fall under the vagueness doctrine on the word concealed in the ORS pertaining to knives?
If I was pulled over do you think that after stating and explaining the grey area of the law I'd still get charged with a misdemeanor?

To be safe I pull mine out and put in top pocket (clipped) while driving. If they wanted they could site you and let you figure it out in court just like alot of other things. If the knife gets taken make sure you get an accurate discription on the recete so you can get it back, hate to lose a $300 knife. Best advice is dont give a reason for a search of your body.

You might not get the chance to explain. Do you really want to go to jail for the day bad enough to carry your knife in a half-way legal fashion? Cause my recommendation is to begin fully concealing it in the future & avoiding jail altogether...

Originally Posted by billdeserthills

You might not get the chance to explain. Do you really want to go to jail for the day bad enough to carry your knife in a half-way legal fashion? Cause my recommendation is to begin fully concealing it in the future & avoiding jail altogether...

So your recommendation is to outright break the law?

Originally Posted by WilliamP

So your recommendation is to outright break the law?

Yes, if you don't let the clip show few will bother to guess that it is there.

Originally Posted by deadeye

Clip exposed carry is legal, as it is not concealed.

/thread

They are in fact legal to own and carry in Oregon as long as they are done so unconcealed as others have already noted. That being said do you want to hassle with a cop that is ignorant to the law? I stop carrying my Benchmade 5000 auto and switched to an Emerson Wave CQC-7 for that specific reason. It is also actually faster to open than an auto.

If you get crap, about carrying a knife legally, just tell them that ignorance of the law is not an excuse. Hahahaha
Those that do not know the law, should not try to enforce it.

I kinda like that idea. I'm having one of my friends who is studying law look more into it

If you have a CC..."Why take a knife to a gun fight?"

Interesting...I was told by a retired LE that a CC permit is for a firearm, not a knife.

Originally Posted by Capn Jack

If you have a CC..."Why take a knife to a gun fight?"

Interesting...I was told by a retired LE that a CC permit is for a firearm, not a knife.

It'll be about a year before I can get my CC is the thing. And I was told that having a CC covers all weapons. Maybe the class changed? I wouldn't know, It's just what I was told by several police departments in southern Oregon.

Originally Posted by WilliamP

It'll be about a year before I can get my CC is the thing. And I was told that having a CC covers all weapons. Maybe the class changed? I wouldn't know, It's just what I was told by several police departments in southern Oregon.

it only covers handguns, no knifes or rifles can be concealed with your CHL, the H stands for handguns

Originally Posted by WilliamP

It'll be about a year before I can get my CC is the thing. And I was told that having a CC covers all weapons. Maybe the class changed? I wouldn't know, It's just what I was told by several police departments in southern Oregon.

No. The only exemption for cc of an auto knife is for peace officers. The license is a Concealed Handgun License, it doesn't apply to all weapons.

166.240 Carrying of concealed weapons. (1) Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor. (2) Nothing in subsection (1) of this section applies to any peace officer as defined in ORS 133.005, whose duty it is to serve process or make arrests. Justice courts have concurrent jurisdiction to try any person charged with violating any of the provisions of subsection (1) of this section. [Amended by 1977 c.454 §1; 1985 c.543 §2; 1989 c.839 §21; 1999 c.1040 §15]

Originally Posted by Capn Jack

If you have a CC..."Why take a knife to a gun fight?"

Interesting...I was told by a retired LE that a CC permit is for a firearm, not a knife.

I often use a knife 3-4 times a day. Can’t say them same of a gun? Knives are simply more useful tools.

So there's alot of opinions on here. Does anyone have any facts about this topic?

To me, clip out isn't concealed. But I've been told i could get arrested for a concealed weapon.

I drive a lot for work and possess an Oregon CHL and auto knives; I often carry both when out and about. Do read the laws that other members posted, you have to know the laws in the areas you travel. An Oregon CHL is only for a handgun, sort of seems silly to be allowed a handgun but maybe not an auto knife, but it is the law. The way the law reads, and my attorney friends have explained; in Oregon you can carry an auto knife just like the stores say, but the clip does have to be visible, supposedly this is what makes it Non-Concealed. Now- those in the portland area that cross the river on a regular basis-ex.- days I work in Washington, no handgun and only a small simple, manual pocket knife...just read the rules. Cops are just people like the rest of us; some are decent at their jobs and know their stuff; others not so much. Because of auto hassles- I have moved to nice quality folders like the Benchmade McHenry Williams and such...