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Carrying a knife in yamhill county.

Discussion in 'Legal & Political Archive' started by Frailwords, Mar 18, 2013.

  1. Frailwords

    Frailwords oregon New Member

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    I was pulled over recently, for speeding, and the officer asked if I had any weapons on me. I told him about 2inch Winchester blade I keep folded in my pocket, that I use quite frequently at my work. He told me that it was illegal to conceal any knife no matter the size. He just asked me to take it out of my pocket and put it in my center department, which I did. He was nice, so I was cooperative. I'm looking to find out the legality of carrying knifes in yamhill county, or oregon in general. Where can I find this information? I feel naked without my knife on me, haha.
     
  2. duane black

    duane black Washington Well-Known Member

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    I would love to know what law he was citing.

    Just a very quick search turned up this, this is state law. Unsure if you were running afoul with any local ordinances, I suspect not... Keep in mind, Im not a OR resident and spent about 30 seconds looking into this for you. Maybe some Oregonians can chime in ?

    § 166.240¹
    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 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450), 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]
     
  3. osterr1999

    osterr1999 Silverton, OR Active Member

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    I'm pretty sure he's wrong. I pasted the laws below from the ORS. The way I read it is that unless it is a spring assist knife you are fine. Also, you can carry any knife as long as it's not concealed and the courts have ruled that the visibility of the clip on a knife like a Sypderco means that the knife is not concealed.

    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.
     
  4. duane black

    duane black Washington Well-Known Member

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    I concur. I think OP found himself a Richard Cranium, with a badge.


    BTW OP, I think you handled it well.
     
    Grunwald and (deleted member) like this.
  5. Boats

    Boats Flicking A Switch To Open My Third Eye Well-Known Member

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    That officer is wrong:

    ORS 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.

    If your Chinese knife is not one of the above categories, particularly not double edged, it is legal. If your Chinese knife is held in your pocket by a visible clip apparent outside of the pants, it is being open carried, not concealed.
     
  6. ZigZagZeke

    ZigZagZeke Eugene Silver Supporter Silver Supporter 2015 Volunteer

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    I have carried the same Buck #110 in my pocket every day everywhere I go for the last 30 years. I'm not going to stop.
     
  7. Frailwords

    Frailwords oregon New Member

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    My knife was not a spring assist, or centrifulgal force, does that mean my knife was legal to carry?
     
  8. duane black

    duane black Washington Well-Known Member

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    Yes sir, that is the consensus. Unless you were in violation of a local ordinance. ( here in vantucky we have a knife law to be aware of for example ) Keep in mind we are just a bunch of gun guys, not attorneys, and well, this is the internet.
     
    gryghin and (deleted member) like this.
  9. Frailwords

    Frailwords oregon New Member

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    Absolutely taking this with a grain of salt. But it's nice to be provided the information. My clip on the knife was exposed and visible, I will call local sheriff and see what he has to say. Thank you all for the help.
     
  10. Black Dog

    Black Dog Eagle Creek Or Active Member

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    I'm computer stupid and can't find what makes a knife a weapon. But it has to do with the blade length and width and the things already mentioned. It seems to me it's a blade over 3 1/2 inches long and a 1/2 inche wide?
     
  11. Misterbill

    Misterbill Yakima County, Washington New Member

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    Washington has the most stupid knife laws I've ever seen outside England.
     
  12. duane black

    duane black Washington Well-Known Member

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    I moved here from California and was shocked how I was taking a few steps back in regards to knife carry by moving here. I have carried a Emerson CQC 7 for YEARS, I move to vantucky and it's not legal ? But yeah, I can carry a gun around town in my pants. Even dropping my kindergartner off at school. ( when she starts )

    I saw a bill a few sessions back where they tried to exempt CPL holders from facing prosecution for carrying a switch blade, this makes a ton of sense. Of course it didn't pass...
     
  13. Hawaiian

    Hawaiian Tigard Oregon Well-Known Member

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    The officer who stopped you is wrong. You knife is legal in Oregon. Others have posted the statute and which knives are prohibited to carry 'CONCEALED'. In common use, you can not conceal a switchblade, gravity knife or butterfly knife, or a dagger which is a knife that is sharpened on both sides of the blade. If not concealed, there are no length limit or other restrictions. You could carry a machete down the street, but I would not advise doing so. On concealment, a Multnomah County judge ruled that even with the pocket clip visible, the knife is still considered concealed as the clip could be for a pen, cell phone, or other item. But that same judge also ruled that a standard folding pocket knife that could be wrist flicked open was a gravity knife. But then again, this was in Portland.
     
  14. idRATHERbeOUTDOORS

    idRATHERbeOUTDOORS Yamhill County Active Member

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    He is full of bull piss. It is perfectly legal to conceal a pocket knife. So long as it is not automatic, spring assisted, longer than 4 and 3/4" double edged or a dirk or dagger. I carry around a copy of the law in my wallet just for situations like that.
     
  15. idRATHERbeOUTDOORS

    idRATHERbeOUTDOORS Yamhill County Active Member

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    Portland sucks. It's the only place i go, where i just leave my assisted opener at home.
     
  16. idRATHERbeOUTDOORS

    idRATHERbeOUTDOORS Yamhill County Active Member

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    The Yamhill county sheriff knows his stuff, but there are parts of yamhill county (newberg), where I've had to explain to them that it is legal to own a handgun at the age of 18.
     
  17. oknow

    oknow amboy wa. Well-Known Member

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    leo's are the wrong people o ask about the law... as you have already found
     
  18. gryghin

    gryghin Beaverton Active Member

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    This was covered in my CHL class that I took. As long as the knife is not completely in your pocket, i.e. the pocket clip is showing, then you are adhering to the law. If it is completely in your pocket or covered over by shirt or jacket, then it is concealed and can get you into trouble.
     
  19. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    What is the "correct" answer when the officer asks if you have any weapons when you are stopped for speeding?

    A) Am I free to go?
    B) Can I go now?
    C) Do you want to buy one?
    D) Did you loose your weapon and need a replacement?
    E) No comment.
    F) That does not seem relevant.
    G) ......
     
  20. speeddemon94

    speeddemon94 The Rogue Well-Known Member

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    F. What do I win, Bob?