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Question about an automatic knife

Discussion in 'Knives & Other Discussion' started by WilliamP, May 7, 2011.

  1. WilliamP

    WilliamP Oregon Member

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    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.
     
  2. drew

    drew OR Well-Known Member

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    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
     
  3. WilliamP

    WilliamP Oregon Member

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    Thanks. Any more information would help
     
  4. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    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.
     
  5. WilliamP

    WilliamP Oregon Member

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    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?
     
  6. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    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.
     
  7. billdeserthills

    billdeserthills Cave Creek, Arizony Well-Known Member

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    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...
     
  8. WilliamP

    WilliamP Oregon Member

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    So your recommendation is to outright break the law?
     
  9. billdeserthills

    billdeserthills Cave Creek, Arizony Well-Known Member

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

    the puma Oregon City Active Member

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    /thread
     
  11. lfromsalem

    lfromsalem Salem, OR Member

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    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.
     
  12. WilliamP

    WilliamP Oregon Member

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

    Capn Jack Wet-Stern Washington Bronze Supporter Bronze Supporter

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    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.
     
  14. WilliamP

    WilliamP Oregon Member

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    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.
     
  15. nick1980

    nick1980 Portland, OR Active Member

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

    drew OR Well-Known Member

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    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.

     
  17. WilliamP

    WilliamP Oregon Member

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    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.
     
  18. pokobt

    pokobt N. Coast Oregon Member

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    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...
     
  19. oregonshooter

    oregonshooter AMERICA Member

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    Only the court will decide if a clip is exposed. Ive never seen case precedence that said it was in Oregon.

    It's not worth it, and you can lose your CHL if you get busted for one.
     
  20. pokobt

    pokobt N. Coast Oregon Member

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    Well said- I do not want to be the test case. Lots of good manual folders out there. I like the CHL and want to keep the privilege...