Double edge knife?

[MarkSBG]

If just the clip is sticking out of your pocket, is that concealed? If I put a coat on that comes down below my pocket, is it conealed now?

 

[timbernet]

If just the clip is sticking out of your pocket, is that concealed? If I put a coat on that comes down below my pocket, is it conealed now?

From everything I have read and from the LEOs I have talked to: GREY AREA

The LEOs I have talked to basically said that they won't stop me if they see me walking down the street and there is a "clip" showing to see if it is an auto or not...
BUT, if I was doing something stupid to warrant getting arrested or written up for something and they patted me down and found the knife, they might charge me with something - who knows what will stick in court, that is up to the DA, etc.

So basically for me - since I don't do anything that would warrant an officer patting me down, I am not too worried about it.

 

[M.Link]

Mark, that is exactly what I was told, by Salems finest. As long as the clip or some part of the knofe is visable, it is NOT concealed. BUT, if your shirt or coat or whatever, covers that part, it is then concealed and illegal. That is from their mouth, when I was not on their good side!

 

[spider]

I have a strider mv fixed blade with the regular knife on one side and a trisula cut on the other, I've been told by a Washington County Sheriff Deputy that this is not considered a double edged knife, maybe because it doesn't run the whole length of the back of the blade. I carry this in a kydex sheath IWB.

 

[Hawaiian]

There is no case law in Oregon addressing what is considered concealed when it comes knives. Auto knife, balisong, dagger, etc. However, if you read the legal definition of Concealed weapon, it gives us some guidance.
USlaw offers a definition of concealed weapon Here Basically, it means you intend to hide it from view.

Even California statute states " (24)(d) Knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning of this section."

So we are still left with the question of if the pocket clip is visible, it that concealed. I do not belive so as any LEO that can see that clip knows you have a knife in your pocket and this fact is not hidden from view. The type of knife is not relevant if it is not concealed. However, I am not an attorney and this is only my 2 cents opinion as a collector of auto and balisong knives and not legal advice. You should consult an attorney if you are concerned.

 

[Hawaiian]

I have a strider mv fixed blade with the regular knife on one side and a trisula cut on the other, I've been told by a Washington County Sheriff Deputy that this is not considered a double edged knife, maybe because it doesn't run the whole length of the back of the blade. I carry this in a kydex sheath IWB.

The statute does not prohibit "double edged knives". It prohibits concealed carry of daggers and dirks. A dirk is basically the same as a dagger, it just is a different size. Think small dagger type sword. Daggers and Dirks are specifically designed for stabbing, not cutting. You knife looks like it would be a great cutter. Great knife, BTW.

 

[elsullo]

Has anyone pointed out that "assisted-opening knives" are perfectly legal whether concealed or carried openly? They take just a small push on the blade to let the spring take over and snap open the knife. Yet this effort defines them as NOT being "switchblades" even though they are just as fast to open. May I recommend my favorite vendor? w.bladeplay.com .................................elsullo

 

[phathom]

Related to this discussion, I have this knife.


I have had it in my car's driver side door pocket for a while as a just in case. I have used it quite a bit for say cutting tags off of stuff after buying them, cutting wire or rope, etc. I have had it there primarily if someone attacks me in the car I would have something there and close at hand.

I took it out after I started reading this thread and decided to post a picture of it. Is this knife legal to carry in my car's door, console, or glove box? I never carry it on my person, but is it still considered concealed like a pistol in that respect? I would like to keep it in there, but definitely want to be on the up and up.

So, is this particular knife legal in that application?

 

[el gringo loco]

Related to this discussion, I have this knife.


I have had it in my car's driver side door pocket for a while as a just in case. I have used it quite a bit for say cutting tags off of stuff after buying them, cutting wire or rope, etc. I have had it there primarily if someone attacks me in the car I would have something there and close at hand.

I took it out after I started reading this thread and decided to post a picture of it. Is this knife legal to carry in my car's door, console, or glove box? I never carry it on my person, but is it still considered concealed like a pistol in that respect? I would like to keep it in there, but definitely want to be on the up and up.

So, is this particular knife legal in that application?

NO, Probably not legal. But it might be.

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]

It is double-edged and will be considered a dirk or dagger.

If it is concealed and in a portion of your car that is within easy reach, it may amount to constructive possession. Even though the statute says "carries concealed upon the person," for other statutes, the courts have interpreted purses, backpacks, and readily accessible portions of a vehicle to mean "upon a person." So, if it is completely concealed, it may be a violation of the law. I could not locate case law specific to this statute for this situation. The problem is that usually weapons cases in vehicles involve guns and vehicles are specifically addressed in the gun statute.

I would just get a large single bladed knife to use in the same place. Or carry a gun. Guns are better than knives in a knife fight.

 

[phathom]

NO, Probably not legal. But it might be.




It is double-edged and will be considered a dirk or dagger.

If it is concealed and in a portion of your car that is within easy reach, it may amount to constructive possession. Even though the statute says "carries concealed upon the person," for other statutes, the courts have interpreted purses, backpacks, and readily accessible portions of a vehicle to mean "upon a person." So, if it is completely concealed, it may be a violation of the law. I could not locate case law specific to this statute for this situation. The problem is that usually weapons cases in vehicles involve guns and vehicles are specifically addressed in the gun statute.

I would just get a large single bladed knife to use in the same place. Or carry a gun. Guns are better than knives in a knife fight.

Just got my CHL in the mail today, so believe me my Glock is going with me from here on out, however I like to have a knife in the car for utility most of all and to have as some protection with it if needed.
Also the pocket is open and you can see the knife just looking down at the door. I think I'll just find another knife to fill that roll.
Also I always have a knife on my hip anyway too, but just something for the car ya know? More utility and emergency than anything.

 

[Toddac4911]

Per established Oregon case law, ANY double edged blade is going to be considered a dirk, dagger or stiletto. Therefore,

Hi,I am wodering what you might think about this one.I believe that the knife or dagger would have to be concealed or hidden somewere for you to violate this law.The first sentance.

 

[Sgt Nambu]

Damn!!! I can't pack my ice pick anymore? Just an opinion about legality. Is legal enough? The vast majority of LEOs out there are good guys trying to do a dangerous and impossible job and I treat them all with dignity and respect but there are always some jerks. If you run into one can you afford the legal fees to prove that you are right? I have one personal instance of a deputy who really did not like it that civilians could get CHLs and he would have burned me if he could have.

 

[biggie24420]

It's stupid that I can carry a gun concealed but if I conceal an auto knife I can get in trouble. I think I can do a lot more damage with a Glock and 33 +1 rounds in it. I think certain things like an auto knife and a baton should be something you can conceal on your person if you have a CHL. I have a CRKT M16 that I can deploy by the time it's out of my pocket..... it opens up as it comes out of my pocket, and it's not illegal if it's concealed. This is just another stupid law made by a stupid person... that's all. Someone actually went to school and learned how to be stupid