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Switchblade laws/ORS

Discussion in 'Knives & Other Discussion' started by Chunky Milk, Jun 18, 2013.

  1. Chunky Milk

    Chunky Milk Springtucky Member

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    I am by no means a knife law expert, (hence this post) and my google-FU does not seem to be working today. I want to know if carrying a switchblade openly (as in it has a clip, which i believe, if im not mistaken, on any other knife is considered "open carry") is legal in Oregon. i personally think it is rather stupid that i can carry my loaded .40 (i have a CHL) but cant carry a switchblade concealed.

    can anybody direct me to ORS regarding this topic, and any relevant case law would be great too!!!
     
  2. Toxic6

    Toxic6 Higher then a PDX hipster (~10,000 ft higher) Active Member

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  3. Chunky Milk

    Chunky Milk Springtucky Member

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    OK, so my google-fu is working way better today, i took the law you cited and ran with it on google and found some very interesting things!!!!! i found this page on 166.240 (ORS 166.240 - Carrying of concealed weapons - 2011 Oregon Revised Statutes) if you look at the dark colored bar with the annotations on the right you will see that the 6th one down states:

    Because switchblade is type of pocketknife and it is not illegal under this section to carry concealed pocketknife, it cannot be illegal to carry concealed switchblade. State v. Ramer, 65 Or App 480, 671 P2d 723 (1983)

    SO i googled State v. Ramer (1983) and found this Document. Here is where this gets interesting, the court ruled that a switchblade is legal to carry concealed because it is a "pocketknife". however the court still got him on possession charges according to ORS 166.510. when i googled ORS 166.510 i found this. This says that ORS 166.510 was repealed in 1985. Although it looks like the traitors in salem rewrote 166.240 at some point to close this loophole.
     
  4. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    OREGON

    166.240 Carrying Concealed Weapons

    166.270 Convicted Felon in Possession of certain weapons

    166.360-370 Possession of certain weapons in Public Buildings, including Schools

    * * * * *


    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.

    (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]

    * * * * *



    166.270 Possession of weapons by certain felons. (1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any firearm, commits the crime of felon in possession of a firearm.

    (2) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove or metal knuckles, or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.

    (3) For the purposes of this section, a person "has been convicted of a felony" if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Provided, however, that such conviction shall not be deemed a conviction of a felony if:

    (a) The court declared the conviction to be a misdemeanor at the time of judgment; or

    (b) The offense was for possession of marijuana and the conviction was prior to January 1, 1972.

    (4) Subsection (1) of this section shall not apply to any person who has been:

    (a) Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005, or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection (1) of this section; or

    (b) Granted relief from the disability under 18 U.S.C. 925(c) or has had the person’s record expunged under the laws of this state or equivalent laws of another jurisdiction.

    (5) Felon in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor. [Amended by 1975 c.702 §1; 1985 c.543 §4; 1985 c.709 §2; 1987 c.853 §1; 1989 c.839 §4; 1993 c.735 §2; 1995 c.518 §1; 1999 c.1040 §16]




    * * * * * * * * *

    PUBLIC BUILDINGS, INCLUDING SCHOOL BUILDINGS

    166.360 (5) "Weapon" means: (b) Any dirk, dagger, ice pick, slingshot, metal knuckles or any similar instrument or a knife other than an ordinary pocket knife, the use of which could inflict injury upon a person or property...

    166.370 (1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony.




    FULL TEXT FOLLOWS



    166.360 Definitions for ORS 166.360 to 166.380. As used in ORS 166.360 to 166.380, unless the context requires otherwise:

    (1) "Capitol building" means the Capitol, the State Office Building, the State Library Building, the Labor and Industries Building, the State Transportation Building, the Agriculture Building or the Public Service Building and includes any new buildings which may be constructed on the same grounds as an addition to the group of buildings listed in this subsection.

    (2) "Court facility" means a courthouse or that portion of any other building occupied by a circuit court, the Court of Appeals, the Supreme Court or the Oregon Tax Court or occupied by personnel related to the operations of those courts, or in which activities related to the operations of those courts take place.

    (3) "Loaded firearm" means:

    (a) A breech-loading firearm in which there is an unexpended cartridge or shell in or attached to the firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm.

    (b) A muzzle-loading firearm which is capped or primed and has a powder charge and ball, shot or projectile in the barrel or cylinder.

    (4) "Public building" means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.

    (5) "Weapon" means:

    (a) A firearm;

    (b) Any dirk, dagger, ice pick, slingshot, metal knuckles or any similar instrument or a knife other than an ordinary pocket knife, the use of which could inflict injury upon a person or property;

    (c) Mace, tear gas, pepper mace or any similar deleterious agent as defined in ORS 163.211;

    (d) An electrical stun gun or any similar instrument;

    (e) A tear gas weapon as defined in ORS 163.211;

    (f) A club, bat, baton, billy club, bludgeon, knobkerrie, nunchaku, nightstick, truncheon or any similar instrument, the use of which could inflict injury upon a person or property; or

    (g) A dangerous or deadly weapon as those terms are defined in ORS 161.015. [1969 c.705 §1; 1977 c.769 §2; 1979 c.398 §1; 1989 c.982 §4; 1993 c.741 §2; 1999 c.577 §2; 1999 c.782 §6; 2001 c.201 §1]

    166.370 Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school. (1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony.

    (2)(a) Except as otherwise provided in paragraph (b) of this subsection, a person who intentionally possesses:

    (A) A firearm in a court facility is guilty, upon conviction, of a Class C felony. A person who intentionally possesses a firearm in a court facility shall surrender the firearm to a law enforcement officer.

    (B) A weapon, other than a firearm, in a court facility may be required to surrender the weapon to a law enforcement officer or to immediately remove it from the court facility. A person who fails to comply with this subparagraph is guilty, upon conviction, of a Class C felony.

    (b) The presiding judge of a judicial district may enter an order permitting the possession of specified weapons in a court facility.

    (3) Subsection (1) of this section does not apply to:

    (a) A sheriff, police officer, other duly appointed peace officers or a corrections officer while acting within the scope of employment.

    (b) A person summoned by a peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.

    (c) An active or reserve member of the military forces of this state or the United States, when engaged in the performance of duty.

    (d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

    (e) A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building.

    (f) Possession of a firearm on school property if the firearm:

    (A) Is possessed by a person who is not otherwise prohibited from possessing the firearm; and

    (B) Is unloaded and locked in a motor vehicle.

    (4) The exceptions listed in subsection (3)(b) to (f) of this section constitute affirmative defenses to a charge of violating subsection (1) of this section.

    (5)(a) Any person who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place that the person knows is a school shall upon conviction be guilty of a Class C felony.

    (b) Paragraph (a) of this subsection does not apply to the discharge of a firearm:

    (A) As part of a program approved by a school in the school by an individual who is participating in the program; or

    (B) By a law enforcement officer acting in the officer’s official capacity.

    (6) Notwithstanding the fact that a person’s conduct in a single criminal episode constitutes a violation of both subsections (1) and (5) of this section, the district attorney may charge the person with only one of the offenses.

    (7) As used in this section, "dangerous weapon" means a dangerous weapon as that term is defined in ORS 161.015. [1969 c.705 §§2,4; 1977 c.207 §2; 1979 c.398 §2; 1989 c.839 §22; 1989 c.982 §5; 1991 c.67 §39; 1993 c.625 §1; 1999 c.782 §7; 1999 c.1040 §4; 2001 c.666 §24]

    Note: The amendments to 166.370 by section 36, chapter 666, Oregon Laws 2001, become operative July 31, 2005. See section 58, chapter 666, Oregon Laws 2001, as amended by section 14d, chapter 926, Oregon Laws 2001. The text that is operative on and after July 31, 2005, is set forth for the user’s convenience.

    166.370. (1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony.

    (2)(a) Except as otherwise provided in paragraph (b) of this subsection, a person who intentionally possesses:

    (A) A firearm in a court facility is guilty, upon conviction, of a Class C felony. A person who intentionally possesses a firearm in a court facility shall surrender the firearm to a law enforcement officer.

    (B) A weapon, other than a firearm, in a court facility may be required to surrender the weapon to a law enforcement officer or to immediately remove it from the court facility. A person who fails to comply with this subparagraph is guilty, upon conviction, of a Class C felony.

    (b) The presiding judge of a judicial district may enter an order permitting the possession of specified weapons in a court facility.

    (3) Subsection (1) of this section does not apply to:

    (a) A sheriff, police officer, other duly appointed peace officers or a corrections officer while acting within the scope of employment.

    (b) A person summoned by a peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.

    (c) An active or reserve member of the military forces of this state or the United States, when engaged in the performance of duty.

    (d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

    (e) A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building.

    (f) Possession of a firearm on school property if the firearm:

    (A) Is possessed by a person who is not otherwise prohibited from possessing the firearm; and

    (B) Is unloaded and locked in a motor vehicle.

    (4) The exceptions listed in subsection (3)(b) to (f) of this section constitute affirmative defenses to a charge of violating subsection (1) of this section.

    (5)(a) Any person who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place that the person knows is a school shall upon conviction be guilty of a Class C felony.

    (b) Paragraph (a) of this subsection does not apply to the discharge of a firearm:

    (A) As part of a program approved by a school in the school by an individual who is participating in the program; or

    (B) By a law enforcement officer acting in the officer’s official capacity.

    (6) Any weapon carried in violation of this section is subject to the forfeiture provisions of ORS 166.281.

    (7) Notwithstanding the fact that a person’s conduct in a single criminal episode constitutes a violation of both subsections (1) and (5) of this section, the district attorney may charge the person with only one of the offenses.

    (8) As used in this section, "dangerous weapon" means a dangerous weapon as that term is defined in ORS 161.015.

    166.372 [1993 c.625 §3; repealed by 1996 c.16 §5]

    166.373 Possession of weapon in court facility by peace officer or federal officer. (1) Notwithstanding ORS 166.370 (2) and except as provided in subsection (2) of this section, a peace officer, as defined in ORS 161.015, or a federal officer, as defined in ORS 133.005, may possess a weapon in a court facility if the officer:

    (a) Is acting in an official capacity and is officially on duty;

    (b) Is carrying a weapon that the employing agency of the officer has authorized the officer to carry; and

    (c) Is in compliance with any security procedures established under subsections (3) and (4) of this section.

    (2) A judge may prohibit a peace officer or a federal officer from possessing a weapon in a courtroom. A notice of the prohibition of the possession of a weapon by an officer in a courtroom must be posted outside the entrance to the courtroom.

    (3) A presiding judge of a judicial district may establish procedures regulating the possession of a weapon in a court facility by a peace officer or a federal officer subject to the following:

    (a) The procedures must be established through a state court security improvement plan under ORS 1.180; and

    (b) Notice of the procedures must be posted at the entrance to the court facility, or at an entrance for peace officers or federal officers if the entrance is separate from the entrance to the court facility, and at a security checkpoint in the court facility.

    (4) A judge may establish procedures regulating the possession of a weapon in a courtroom by a peace officer or a federal officer. A notice of the procedures regulating the possession of a weapon by an officer must be posted outside the entrance to the courtroom. [2001 c.201 §3]

    166.380 Examination of device or firearm by peace officer; arrest for failure to allow examination. (1) A peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm.

    (2) Refusal by a person to allow the examination authorized by subsection (1) of this section constitutes reason to believe that the person has committed a crime and the peace officer may make an arrest pursuant to ORS 133.310. [1969 c.705 §3]






    ==============================================
    Earlier versions
    - Public Order Offense 166.240 Illegal Concealed
    Weapon... [it is a Class B Misdemeanor to carry] concealed
    upon the person any knife having a blade that projects or
    swings into position by force of a spring or by
    centrifugal force and commonly known as a switchblade
    knife, any dirk, dagger, ice pick... or any similar
    instrument by the use of which injury could be
    inflicted... [it is also an offense 166.270 for a convicted felon
    to possess a switchblade or gravity knife, or a dirk or dagger.]

    166.360 - knife &c on school grounds



    Bernard Levine - Knife Expertise: Knife ID, Knife Laws, Knife Values
     
  5. ant1248

    ant1248 United States New Member

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    How did they close it?
     
  6. Chunky Milk

    Chunky Milk Springtucky Member

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    the law quoted in the 1983 case is written way differently than the current statute, means somewhere along the line the traitors in salem rewrote it, probably to fix that "loophole"
     
  7. ant1248

    ant1248 United States New Member

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    You would think at minimum we could get them to allow chl holders to carry switchblades. Has there been a serious attempt to repeal this law?
     
  8. solv3nt

    solv3nt Portland Well-Known Member

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    Hahaha, good luck with that. We can't even get the State Legislature to allow retired cops the same CC benefits of an actual license.