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2A is about Knife Rights, too!

Discussion in 'Legal & Political Archive' started by Dave Workman, Sep 26, 2010.

  1. Dave Workman

    Dave Workman Western Washington Bronze Supporter Bronze Supporter

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    ‘Arms’ are not just firearms; knives and the 2A wrap-up GRPC


    It was off to a roaring start, and it ended with more bang for the buck than one might imagine; the 25th annual Gun Rights Policy Conference generated excitement, lots of networking, and a reminder and warning that the Second Amendment is not just about guns.

    Sunday’s program opened with a presentation by the folks at Knife Rights, a fledgling group that is now doing battle with a prosecutor in New York over the Draconian knife rules he has imposed. The organization got full support from those attending GRPC, when its founder, Doug Ritter, told the audience, “It is our Second Amendment, too.”




    ?Arms? are not just firearms; knives and the 2A wrap-up GRPC - Seattle gun rights | Examiner.com

    Or try this:

    ?Arms? are not just firearms; knives and the 2A wrap-up GRPC - Seattle gun rights | Examiner.com
     
  2. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    who think a WA CPL covers knives too, it doesn't. It's a Concealed PISTOL License only.

    Deen
    NRA Benefactor/Recruiter
    WAC member
    SWWAC member
     
  3. chemist

    chemist Beaverton OR Well-Known Member

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    The OR law bans concealed carry of fixed-blade knives, but there are virtually no restrictions on folders. Go get yourself a folding sword!

    Seriously, OR has really good freedoms for both knife and gun carry by law-abiding citizens, so be grateful.
     
  4. Dave Workman

    Dave Workman Western Washington Bronze Supporter Bronze Supporter

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    Was someone saying the CPL in Washington covered more than pistols?
     
  5. LCDR

    LCDR Sherwood, Oregon New Member

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  6. Karma

    Karma the woods in Oregon Active Member

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    I am pretty sure you can carry a fixed blade knife as long as it isn't concealed. My understanding is that you can carry a folder concealed as a pocketknife, as long as it isn't a auto or assisted opener which has to be at least partially in the open.

    That is my understanding of Oregon laws on knifes. If anyone has any further info I would love to hear it.
     
  7. spengo

    spengo GLORIOUS CASCADIA Active Member

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    Fixed blade knives are legal to conceal in OR. As long as they aren't a "dirk or dagger" anyway. "Dirk or dagger" is not clearly defined though which is why a lot of people open carry their big fixed blade knives. That is how it was explained to me anyway. Probably something like a kabar is okay to conceal.

    Same thing goes for auto knives and balisongs iirc, though the pocket clip visible is usually considered open carry.
     
  8. LCDR

    LCDR Sherwood, Oregon New Member

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    I realize that there are a lot of questions about knives and Oregon laws. To be very honest Oregon's knife laws are very outdated but I wouldn’t plan on them being changed any time soon. Oregon case law, concerning knives, has moved ahead but not necessarily always in a positive direction. I have some extensive documentation that I will attempt to whittle down to a few pages, including case law as current as 2009/2010. Give me a couple of weeks and I will start posting it.

    As always, I will only post what has been stated either by statute or by judges upheld to at least the Appellate Court level. Any decisions by any individual will have to be based on their own conclusions.

    LCDR
     
  9. chemist

    chemist Beaverton OR Well-Known Member

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    I don't see how a fixed-blade knife of ANY kind isn't a dirk or dagger. The law doesn't say "double-edged."

    And I don't see how anyone can claim that OR doesn't have some of the least-restrictive gun and knife laws in the country.
     
  10. LCDR

    LCDR Sherwood, Oregon New Member

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    1) You need to review the definitions of Dirk and Dagger and how they have been intrepreted by Oregon Case Law.

    2) I personally don't know anyone who has claimed that they are restrictive. I do know many people, including lawyers, that consider the knife laws to be outdated.

    LCDR
     
  11. elsullo

    elsullo Portland Oregon New Member

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    There was a case in Salem about two years ago, where a young man was charged with carrying a large fixed-blade skinning knife up his sleeve. The court found that this was not a crime and that he had a right to self-defense. This is now a fact of case law, and I read of it in the Oregonian newspaper. I did not have access to the court reasoning, alas.

    My guess is that "dirk and dagger" that are in the statute are defined as having two edges, and the skinning knife had a single edge and so was not defined as "evil?" Who knows anymore............................elsullo :confused:
     
  12. 8ball

    8ball WA Quit talkin' and start chalking!

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    I've been interested in Knife Rights for a long time. I suspect it might take a while though for 2A decisions at the federal level to filter down to places like Seattle though, since there are not as many passionate advocates as there are for firearms.

    I must say that the Knife Rights people could do with some more online activism. Their website is pretty stale - the blog is empty and the news section hasn't been updated for three years! Maybe Benchmade needs to write them a bigger check?! :laugh:
     
  13. LCDR

    LCDR Sherwood, Oregon New Member

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    There have been a number of fixed blade cases. There have been some good decisions and some not so good (my opinion). Typically, the decisions (for fixed blade) have been based on "what is the designed purpose" of the knife in question. In one case, the police officer testified in court that the knife (a "survival knife"), was considered more a novelty item, than a weapon. The individual being tried was found to be not guilty of carrying a concealed weapon. Under Oregon law, not all knives are considered weapons just because it is a knife or that it could be used as a weapon.

    As far as edging, one of the common interpretations is that if it has two edges it is a dirk or dagger. However, this is not always the case. A Scottish dirk was typically around 12” in length and single edged. And again, you must deal with the designed purpose if it is not specifically called a dirk or dagger. The catchall phrase “or any similar instrument” has caused problems in determining what is legal or not legal to conceal. Oregon case law has now determined that it is illegal to conceal a sword.

    LCDR
     
  14. drew

    drew OR Well-Known Member

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    Guess I won't be getting a sword cane anytime soon.:bluelaugh: