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Author Topic: Knife Law  (Read 41805 times)
JSworth
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« Reply #50 on: February 25, 2013, 10:33:45 PM »


Allow me to clarify my intended meaning of these words:

" but I submit that an answer the equivalent of "I don't have to tell you" is likely to heighten the LEO's propensity to make all the negative inferences he can and act upon them.  Yes?""

It is my belief and philosophy that even if an arrest does not lead to conviction, as a practical matter you are thousands of dollars poorer and emotionally drained by your interaction with the legal system.  IMHO it is wise to keep this in mind when conversing with an officer.   Playing Perry Mason rarely plays well and even if he does not go after you for the arrest that will not lead to conviction he may decide to write you up for that tail light you did not realize was out, etc.   Good manners is good policy.

I would agree with that. I don't necessarily think however that it would be best to say that you have something for self defense though. If asked why I carry a knife (and as a side note my EDC is either my Rajah II or my Espada XL from Cold Steel) it's simply because it's a versatile tool which can come in handy in any number of both everyday and emergency situations. If asked for examples I can give them. I would never jump straight to "Oh, I carry this six inch Kukri style folding knife just in case I have to chop someones head off in an act of self-defense". I guess basically what my feeling on it is that while saying nothing may not be your best option, clearly full disclosure isn't either. I've always said just enough to keep the officer happy. The less I say, the less that can be misunderstood.
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G M
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« Reply #51 on: February 26, 2013, 10:59:21 AM »

I were in Cali, I'd explain that any knife was part of my earthquake 72 hour kit. A knife w/ a glass breaker and seatbelt cutter would tend to support that as well, although the Rajah II is cool.  cool
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Crafty_Dog
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« Reply #52 on: March 05, 2013, 09:43:33 PM »



UPDATE: TSA to Allow Small Knives Onboard Aircraft Again

In an announcement at an aviation conference in New York, TSA  administrator John
Pistole said that effective April 25 the TSA was is  lifting its ban on small knives
in the cabin. His comments weren't  entirely clear and the TSA has now posted a
slide show on their website  illustrating what will be allowed and what will still
be prohibited.  Click here to view the TSA "Changes to Prohibited Items List (PIL)"
 [http://r20.rs6.net/tn.jsp?e=001Ei_52wBiQ6zXwuanIEc7UfDdeiUkMeKcb3fVZ3xoewJtgoTqCm0l1pRVD17ILMbGVIg472ZXQeAMLTUGaPs5ewkzlyUFc5e_EVacHEf2q4KVCBPT3d-m1w==]

Pistole said that the allowable knives will be limited to  "retractable blades shorter
than 6 centimeters (2.4 inches) and narrower  than 1/2 inch at the widest point."
 From the slide show it is clear  that by "retractable" he meant "folding." Still
prohibited would be  "knives with locking blades or molded handles," Pistole said.
Fixed  blade knives are also prohibited.

Keychain sized knives like the Victorinox "Classic" Swiss Army Knife  or Leatherman
"Squirt" or "Style" multi-tools are allowed. Also allowed  would be the 84mm SAKs,
such as the Victorinox Tinker that is  illustrated in the slide show or the Cadet.
Those SAKs have a 2.3-inch  blade, just under the limit.  There is bound to be some
confusion and  some very disappointed and perhaps upset travelers at the airports
due  to the fact that except for the blade being 5-7mm too long (Wenger or  Victorinox,
respectively), the most common 91 mm SAKs look virtually identical to the  smaller
frame SAK that is allowed. Whatever knife you are carrying  through the airport,
 be sure to ]measure the blade length from the handle  to the tip (not just the
sharp edge).

NOTE: The changes to the Prohibited Items List are effective April 25, 2013. Don't
try to carry a knife onboard before then!

To view the slides below full size, click here to view the TSA "Changes to Prohibited
Items List (PIL)" slide show in PDF format.
[http://r20.rs6.net/tn.jsp?e=001Ei_52wBiQ6zXwuanIEc7UfDdeiUkMeKcb3fVZ3xoewJtgoTqCm0l1pRVD17ILMbGVIg472ZXQeAMLTUGaPs5ewkzlyUFc5e_EVacHEf2q4KVCBPT3d-m1w==]

Victorinox and Leatherman have lobbied the TSA for many years for  this exemption
and it appears they final succeeded.  Congratulations!

The term "molded grip" is not an industry standard descriptive term  and has apparently
been invented by the TSA. It would appear to include  any handle that is at all
ergonomic and exclude anything but a  slab-sided SAK or multi-tool. One wonders
if the Wenger Evo or Evo-Grip  Swiss Army Knife handles would be allowed or prohibited?
 Beyond that, at least one of the knives illustrated as having a  "molded grip"
clearly has an ergonomic metal handle, which is not  molded plastic. We're guessing
that there will be further clarifications as  travelers lose knives to the TSA.

In the end, the final decision rests with TSA on whether to allow any  item through
security checkpoints. As many travelers have found out to  their chagrin and
disappointment,
TSA can be less than consistent at  times. Your safest bet is going to be to  stick
to the basics.

Razor blades and box cutters are still banned. Citing the 9/11  terrorists that
used box cutters to kill flight attendants on the  aircraft they hijacked, "there
is just too much emotion involved with  those," Pistole said.

Pistole said allowing these knives onboard would align the U.S. with  ICAO and European
standards and allow screeners to focus on the highest  priority threat, non-metallic
explosive devices. Since we have reports  of passengers being allowed onboard in
 Europe with locking blade  folders, we're still not clear how "aligned" this ends
up being.

While hardly entirely rational in nature, it is a step in the right  direction and
one virtually all knife carriers will celebrate.

The changes to the Prohibited Items List are effective April 25, 2013. Don't try
 to carry a knife onboard before then!
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Crafty_Dog
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« Reply #53 on: March 12, 2013, 05:47:13 PM »

Knife Rights News Slice eBlast - March 12, 2013
 
Help Get the Word Out!
 
 
Sign up for our FREE News Slice & eBlast newsletters: Sign up here   


 

Texas Knife Law Preemption Bill Hearing Wednesday
Write or Call Today!
Knife Rights Director of Legislative Affairs, Todd Rathner, will be in Austin, Texas, on Wednesday to testify in support of House Bill HB1299 that would enact Knife Law Preemption. Sponsored by Representative Jonathan Stickland, this bill was inspired by Knife Rights preemption bills that have successfully passed in in Arizona, Utah, New Hampshire and Georgia. Write or Call the committee members today and urge them to recommend passage of HB1219.
 
Preemption ensures citizens can expect consistent enforcement of state knife laws everywhere in a state. Preemption prevents the creation of, or eliminates, a patchwork of local ordinances and laws more restrictive than state law which serve to confuse or entrap those traveling within or through the state.
 
It is worth noting that the Chairman of the Urban Affairs Committee that is hearing HB1219, Rep. Harold V. Dutton, Jr., is the sponsor of House Bill HB936 which would repeal the irrational and antiquated Texas ban on switchblades. That bill has been assigned to the Criminal Jurisprudence Committee, but has not yet be calendared for a hearing. 
 
If you live, work or travel in Texas, please contact the Urban Affairs Committee members and ask them to recommend passage of HB1219  Click here for links to the Committee members.
 
Whether writing or calling, all that is necessary is to simply ask them to vote in favor of HB1219. Keep it short and to the point.
 
 

Tennessee Knife Rights Bill Passes Senate 27-3!
Last week the Tennessee Senate passed Senate Bill SB1015 on an overwhelming bipartisan majority vote of 27-3. Congratulations to sponsor Sen. Mike Bell. There is a companion bill in the Tennessee House, HB0581 sponsored by Rep. Vance Dennis, which is identical to SB1015 and we expect movement on that bill as soon as next week. Write or call your Representative NOW! 
 
SB1015 and HB0581 would enact Knife Law Preemption, repeal Tennessee's antiquated ban on automatic knives (switchblades) and repeal the the state's four-inch knife length limitation. Preemption ensures citizens can expect consistent enforcement of state knife laws everywhere in a state.
 
If you live, work or travel in Tennessee, please contact your Reprresentative and ask them to vote Yes on HB0581.  Click here to locate your Senator, and/or the Senator who represents where you work or travel.
 
Whether writing or calling, all that is necessary is to simply ask them to vote in favor of HB0581. Keep it short and to the point.
 
 

Kansas Knife Rights Bill Passes House 93-28!
Last week the Kansas House of Representatives passed HB2033 on a strong bipartisan vote of 93-28. It now moves to the Kansas Senate for their consideration.  HB2033 would enact Knife Law Preemption and repeal the Kansas ban on Switchblades, Dirks, Daggers and Stilettos.

Congratulations to Sponsors Representatives Richard Carlson, Mike Houser and Jim Howell. Thanks again to Patricia Stoneking of the Kansas State Rifle Association for her efforts in support of Knife Rights and HB2033.   
 
If you live, work or travel in Kansas, please write or call your Senator and ask them to vote in favor of HB2033. Kansas does not provide an easy way to find your legislator, if you don't know already, click here for a link to a map of the Senate districts, which can then be used to locate your Senator.  Click here for their phone number and email (listed by name and district).
 
Whether writing or calling, all that is necessary is to simply ask them to vote in favor of HB2033. Keep it short and to the point.
 

Help Knife Rights at Texas Mega Show in Dallas
Knife Rights will have a booth at the Texas Mega Show incorporating the Lone Star Knife Expo on April 13 & 14 and we need volunteers to help staff the booth. Click here to let us know if you can assist.
 
This is the largest gun and knife show in the Southwest. We will be displaying knives, firearms and other prizes in the 2013 Ultimate Steel™ Knives, Guns & More Spectacular fundraiser. We will also have on display Freedom's Steel™ II - Never Forget™, our extraordinary 2013 collaboration knife that will be auctioned at the NRA Annual Meeting.
 
 
 
This is a great opportunity to help Knife Rights and have a lot of fun. You'll receive a free pass, as well. Click here to let us know if you can assist.

 

You Can Help Knife Rights Make a Difference
Every success we have in a state legislature helps us with the next bill we try to get passed. Success builds upon success. It's much easier to gain sponsors and supporters for a bill when we can point to other states where similar bills have passed and there has been no adverse impact.
You can donate using our online donation page or,
follow directions on that page to mail your check or money order.
You can also call our office to donate or to set up a monthly automatic donation.
Call: 602-476-2702 or our toll-free number is 866-889-6268.
 
Knife Rights is America's Grassroots Knife Owners Organization™
The Second Front in Defense of the Second Amendment™
Leading the Fight for a Sharper Future for all Americans™
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Crafty_Dog
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« Reply #54 on: March 21, 2013, 09:07:11 PM »

Kansas Knife Rights Bill to Full Senate for Vote
Write or Call Today!
Knife Rights requested bill HB2033 that would enact Knife Law Preemption and repeal the Kansas ban on Switchblades, Dirks, Daggers and Stilettos has cleared a major hurdle in the Kansas Senate.  Yesterday our lobbyist, Todd Rathner, testified before the Senate Federal and State Affairs Committee and after the testimony was heard the committee took the somewhat unusual move of "working" the bill immediately. HB2033 passed the committee unanimously and now moves to the floor of the Kansas Senate for a final vote, possibly as soon as Monday. HB2033 has already passed the Kansas House.
 
If you live, work or travel in Kansas, please write or call your Senator ask them to vote in favor of HB2033. Kansas does not provide an easy way to find your legislator, if you don't know already, but click here for a link to a map of the Senate districts, which can then be used to locate your Senator: Click here for their phone number and email (listed by name and district).

Whether writing or calling, all that is necessary is to simply ask them to vote in favor of HB2033.  Keep it short and to the point.
Knife Rights would like to thank Patricia Stoneking from the KSRA for her testimony. We would also like to thank Rep. Jim Howell for his clear and impassioned testimony in favor of HB2033. He and Sponsor Rep. Richard Carlson have been instrumental in moving this bill along so effectively.
 
Preemption ensures citizens can expect consistent enforcement of state knife laws everywhere in a state. Preemption prevents the creation of, or eliminates, a patchwork of local ordinances and laws more restrictive than state law which serve to confuse or entrap those traveling within or through the state. Knife Rights has passed similar Knife Preemption Laws in Arizona, Utah, New Hampshire and Georgia and repealed irrational knife bans in New Hampshire, Washington and Missouri. 
 

Tennessee Knife Rights Bill Clears One House Committee
On to the the Next Committee - Write or Call Today!
Senate Bill SB1015, a Knife Rights requested bill that would enact Knife Law Preemption, repeal Tennessee's antiquated ban on automatic knives (switchblades) and repeal the the state's four-inch knife length limitation, has been voted out of House Criminal Justice Committee and now moves on to the House Finance Subcommittee on Ways and Means.   

If you live, work or travel in Tennessee, please contact your Representative and ask them to vote Yes on SB1015.  Click here to locate your Representative, and/or the Representative who represents where you work or travel.
 
Whether writing or calling, all that is necessary is to simply ask them to vote in favor of SB1015. Keep it short and to the point.

We would like to thank Senator Mike Bell for working so hard to keep this bill moving through the process.
 

Two Texas Pro-Knife Bill Need Your Help
Write or Call Today!
Knife Rights Director of Legislative Affairs Todd Rathner lobbied and testified in support of HB1299 last week in Austin, Texas. HB1299, sponsored by Representative Jonathan Stickland, would enact Knife Law Preemption in Texas. If you live, work or travel in Texas and have not already done so, Write or Call the Committee Members TODAY and urge them to recommend passage of HB1299. Click here for links to the Committee members. 
 
Whether writing or calling, all that is necessary is to simply ask them to vote in favor of HB1219. Keep it short and to the point.
 
While in Austin, Todd also worked on HB1862, which would repeal the irrational and antiquated Texas ban on switchblades. HB1862 is sponsored by Rep. Harold V. Dutton, Jr., who Chairs the Urban Affairs Committee that heard HB1299. That bill has been assigned to the Criminal Jurisprudence Committee, but has not yet been calendared for a hearing. You can help by Writing or Calling Criminal Jurisprudence Committee Chairman Rep. Abel Herrero and ask him to schedule a hearing on HB1862. Click here for Chairman Herrero's contacts. 
 
Questions from the Urban Affairs Committee Chairman and members revealed just how confusing Texas knife laws really are and the difficulty citizens have of knowing if their knife is legal in any particular place. During testimony the committee asked about blade lengths, operating and locking mechanisms, knife nomenclature and types while trying to determine for themselves what knives are legal and illegal to possess in Texas or in a particular city or town in Texas.

The questions and confusion clearly demonstrated the need for this Knife Law Preemption bill that would ensure citizens could expect consistent enforcement of state knife laws everywhere in the state. HB1299 would prevent the creation of, and eliminates the existing patchwork of local ordinances and laws more restrictive than state law which only serve to confuse or entrap those traveling within or through the state
 

Help Knife Rights at Texas Mega Show in Dallas
Knife Rights will have a booth at the Texas Mega Show incorporating the Lone Star Knife Expo on April 13 & 14 and we need volunteers to help staff the booth. Click here to let us know if you can assist.
 
This is the largest gun and knife show in the Southwest. We will be displaying knives, firearms and other prizes in the 2013 Ultimate Steel™ Knives, Guns & More Spectacular fundraiser. We will also have on display Freedom's Steel™ II - Never Forget™, our extraordinary 2013 collaboration knife that will be auctioned at the NRA Annual Meeting.
 
 
 
This is a great opportunity to help Knife Rights and have a lot of fun. You'll receive a free pass, as well. Click here to let us know if you can assist.

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Crafty_Dog
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« Reply #55 on: April 02, 2013, 07:27:01 AM »

Knives and the Second Amendment
The first ever scholarly analysis of knives and the Second Amendment has been accepted for publication by the University of Michigan Journal of Law Reform. Researched and written by highly respected Second Amendment legal scholars David Kopel, Clayton Cramer and Joseph Edward Olson, the article makes the case that "Knives are clearly among the 'arms' which are protected by the Second Amendment." This supports one of the foundations for Knife Rights' efforts to protect our rights, "Essential Tools - Essential Rights."

As the abstract notes, "Under the Supreme Court's standard in District of Columbia v. Heller, knives are Second Amendment "arms" because they are "typically possessed by law-abiding citizens for lawful purposes," including self-defense. Bans of knives which open in a convenient way (bans on switchblades, gravity knives, and butterfly knives) are unconstitutional. Likewise unconstitutional are bans on folding knives which, after being opened, have a safety lock to prevent inadvertent closure. Prohibitions on the carrying of knives in general, or of particular knives, are unconstitutional."

Knife Rights applauds these scholars for this long-overdue effort. This is a great start on the sort of scholarly works that needs to be done to assist in potential legal cases down the road. The arguments made and supported in this article will also support our legislative efforts to roll back knife bans and oppose proposed new restrictions on knives. The initial draft of the article has been posted online. Go to the Social Science Research Network site to download the 37-page article.

Just a note of caution, for those unfamiliar with the process. This is the initial submission draft of this article. It will now go through an exhaustive peer review and editing process. Revisions will be posted online during that process. Only after that entire rigorous review process has been completed will the final version of the article be published. So, just to reiterate, this article is not published at this point and should not be relied upon for any legal effort, or for that matter, arguing with a cop who has arrested you for carrying a particular "illegal" knife. Having said all that, these scholars are leaders in the field and I wouldn't expect any substantive changes.
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Crafty_Dog
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« Reply #56 on: April 09, 2013, 09:46:42 PM »


http://www.knifeup.com/illinois-knife-law/
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Crafty_Dog
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« Reply #57 on: April 13, 2013, 08:28:38 PM »

ttt
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Crafty_Dog
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« Reply #58 on: April 16, 2013, 11:20:20 PM »

Kansas Comprehensive Knife Rights Bill Signed by Governor!   
After two years of hard work, Kansas Governor Sam Brownback has signed the Knife Rights comprehensive knife law reform act, HB2033 into law today.
 
HB2033 repeals all existing local knife laws in Kansas and enacts statewide preemption of any attempt to pass new local knife laws more restrictive than state law. HB2033 also repeals the ban on the possession of switchblades, dirks, daggers and stilettos. Be advised that the new law does not go into effect until July 1st.
 
Knife Rights would like to thank Representative Richard Carlson for sponsoring this bill and working so hard to get it passed and signed. We would also like to thank Patricia Stoneking, the President of the Kansas State Rifle Association, for her help and counsel throughout this long process. We would also like to recognize the efforts of former Kansas State Representative Gary Hayzlett.   
 
Your emails and calls were also critical for us to achieve comprehensive knife law reform in Kansas, our first victory this year.  This makes Kansas the fifth state to enact Knife Law Preemption, following the first-in-the-nation Knife Law Preemption bill by Knife Rights in Arizona in 2010.
 
Preemption is the foundation for ensuring that any improvement in state knife laws is not contravened by local authorities. That's why Knife Law Preemption is Knife Rights' number one legislative priority.  Individual constitutional rights should not be left to discretion of local governments. State preemption of the law is commonplace for all individual civil rights.

Knife Law Preemption makes the state the sole authority on knife law. It repeals the confusing patchwork of local laws and ordinances more restrictive than state law that trap unwary citizens and prevents passage of such local laws and ordinances in the future. 
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Crafty_Dog
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« Reply #59 on: April 25, 2013, 05:37:12 PM »

Indiana Passes Knife Rights Switchblade Ban Repeal
After two years of effort by Knife Rights and our sponsors, the Indiana legislature has repealed the state's irrational ban on switchblade knives. Senator Jim Tomes and Senator Johnny Nugent have worked tirelessly with Knife Rights to pass this repeal.

Initially passed unanimously by the Indiana Senate, passage of the bill has been thwarted two years in a row by a single House committee chairman who refused to hear the bill. Senators Tomes and Nugent were able to bypass the obstinate chairman by adding the repeal language to a Conference Committee Report on HB1563 dealing with related matters. This Report was passed by the Indiana House 78-19 on Wednesday and the Indiana Senate 50-0 today.   
 
HB1563 with the included Switchblade Ban Repeal language now goes to Governor Mike Pence. Please contact Governor Pence and ask him to sign HB1563.
 
His phone is: 317-232-4567
To email him, you must use the online form at:  http://www.in.gov/gov/2333.htm 
 
When you call and email, keep it polite, short and to the point.
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Crafty_Dog
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« Reply #60 on: June 24, 2013, 12:36:07 PM »

Alaska Governor Parnell Signs Knife Rights Act
After two years of effort, Alaska Governor Sean Parnell has signed HB33, Alaska's Knife Rights Act, which enacts sweeping reform of Alaska's knife laws. HB33 legalizes the
 

(Top Photo - L to R) Behind Gov. Sean Parnell: Ray Thibault (AK Retailer Northern Knives ), Sen. Charlie Huggins, HB33 Sponsor Rep. Mark Neuman, House Speaker Rep. Mike Chenault, Rep. Wes Keller,
Rep. Bill Stoltze, Todd Rathner (Knife Rights)
possession, transfer and carrying of automatic knives (switchblades). It also enacts knife law preemption repealing all local knife laws as well as preventing new ones from being enacted.   

This law goes into effect on September 18, 2013.   
 
With Governor Parnell's signature, all of Knife Rights legislation passed this year has now been signed into law. Alaska becomes the 7th state to enact Knife Rights' signature Knife Law Preemption.

At the invitation of Governor Parnell, Knife Rights Director of Legislative Affairs, Todd Rathner, attended the signing ceremony in Palmer, Alaska.
 
Knife Rights would like to thank Governor Parnell for recognizing and expanding the rights of everyday Alaskans as well as the millions who visit Alaska every year to hunt, fish and recreate. We would also like to thank the sponsors of the HB33, Representative Mark Neuman and Senator Fred Dyson, for sponsoring this important legislation.Knife Rights would also like to thank Pro-Tech Knives for their support in helping to pass this legislation.
 
Knife Rights Scorecard This Year:
 
FIVE more Pro-Knife Bills!
Knife Ban Repeals in FOUR more states this year!
Knife Law Preemption in THREE more states this year!
 
Help Knife Rights continue to create a Sharper Future for all Americans™ with a donation in the Ultimate Steel Knives, Guns & More Spectacular!

 

Enactment Dates
for
Knife Right Legislation Passed This Year
The Knife Rights legislation passed this year is in effect as of the dates below:
 
Tennessee Knife Law Preemption
May 22, 2013
Kansas Knife Law Preemption
Kansas Ban on Switchblades, Dirks, Daggers & Stilettos Repealed
July 1, 2013
Indiana Ban on Switchblades Repealed
July 1, 2013
Texas Ban on Switchblades Repealed
September 1, 2013
Alaska Knife Law Preemption
Alaska Ban on Switchblades Repealed
September 18, 2013
 
Note that for states without knife law preemption, 
local laws more restrictive than state law are still in force.
 
Help Knife Rights continue to create a Sharper Future for all Americans™ with a donation in the Ultimate Steel Knives, Guns & More Spectacular!

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Crafty_Dog
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« Reply #61 on: July 31, 2013, 08:52:57 PM »

http://home.netcom.com/~brlevine/sta-law.htm
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bigdog
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« Reply #62 on: September 24, 2013, 04:23:03 AM »

A friend sent this along to me:

http://online.wsj.com/public/resources/documents/knives.pdf
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Crafty_Dog
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« Reply #63 on: September 27, 2013, 08:39:46 AM »

Knife Rights To Appeal Outrageous NYC Ruling
Obama-Appointed Judge Says
Those Arrested in NYC Have No Standing to Sue!
Please Help Us by Contributing Today!

A  U.S. District Court Judge has ruled that persons falsely arrested or  threatened
with arrest have no standing to sue in Knife Rights' Federal  civil rights lawsuit
against New York City and District Attorney Cyrus  Vance Jr.  Although every prior
ruling in the case went our way under  two previous judges, the case was recently
reassigned to Obama appointee  Katherine B. Forrest.  Litigation always presents
 the risk that a judge  (and especially a judge new to a case) will make an erroneous
ruling.

On Wednesday the judge ruled that the plaintiffs in our case - who have  been falsely
arrested or threatened with arrest over common pocket  knives - do not have standing
to sue, in part because the case documents  don't identify specific knives that
would be illegal under New York  City's interpretation of state law.  The trouble
is, it's nearly  impossible to identify them under New York City's haphazard and
  inconsistent approach - which is the whole point of the case in the first place!
  Even the DA has admitted that different specimens of the exact same  make and
model knife could be simultaneously found to be both legal and  illegal! Click to
read the judge's ruling.
[http://r20.rs6.net/tn.jsp?e=0010abJYrLO6R1ufydSIPXZtzKE6uFc2TERIb5cIhIdCuieNORHqQm-g54xGzmNNytNM5XdM1cUynj75vQ5nfgpp54CSS8nEGKIAvU8kNOkHoLHA4WC-masfA5TguqEZvyQ207GVmbrSOiCJEIIzpj-5SSXMxNve5vntbZyOtw4IxE=]

So here we have a situation where we're suing because we can't know with certainty
what's legal or banned, yet the judge is saying we don't have standing to sue precisely
because we haven't identified what's legal or banned in our court papers.  That's
simply absurd!

But even if the judge were correct - which she is not - she was  required by
well-established
legal principles to allow us a chance to  amend our papers to "correct" the supposed
"defects."  Instead, she  simply ignored these principles and declared the case
over.

A similar situation arose in a recent lawsuit involving a U.S.  District Judge in
neighboring New Jersey.  After straining to find  supposed "defects" in the complaint
that affected standing, the judge  refused to allow the complaint to be amended
to correct the "defects."   On appeal, the ruling was reversed and the appeals court
criticized the  judge, saying she had abused her discretion.  The same thing could
 happen here.

But whatever happens, this ruling forces Knife Rights to spend more  time and money
to appeal the judge's decision - all while Rome continues  to burn. We still receive
calls every week from innocent citizens whose  lives have been turned upside down
simply because they carried a basic  tool, a pocket knife, in New York City.  Thousands
have been arrested on  bogus illegal knife charges. In at least one instance of
which we are aware, the result of the bogus arrest was that the victim's entire
knife collection was confiscated from his home. Gun owners  have had their firearms
confiscated based on bogus knife  arrests.

We cannot let New York City succeed in its attempt to redefine  "gravity knife"
to include ordinary folding knives.  This could become a  model for other cities
 and jurisdictions across America, resulting in  knife owners throughout the country
being arrested for doing nothing  wrong.  We cannot let that happen!  And, we will
not!

Knife Rights is carefully planning its response to Judge Forrest's  ruling.  We
will never stop fighting for your rights, and neither should  you.  Please help
us win this critical battle by contributing to Knife  Rights Foundation's Legal
Fund today as generously as you can.  We've  led the fight to defend knife rights
in the legislative arena and we are  pioneering it in the courts.  Please help us
defend freedom!

Make a tax-deductible donation
[http://r20.rs6.net/tn.jsp?e=0010abJYrLO6R2U2zS_Bgv1cfpgH8IGnYDScEbdclseBI3CmfAAMau4U2TNbI9xCOH-phxBc2nHn7eqDdAtycJT1q1tcjQJwKEYXwrlU-D7EGIbmNc4hRHHPg==]
to the
Knife Rights Foundation Legal Fund TODAY!
Donate w CC
[http://r20.rs6.net/tn.jsp?e=0010abJYrLO6R2U2zS_Bgv1cfpgH8IGnYDScEbdclseBI3CmfAAMau4U2TNbI9xCOH-phxBc2nHn7eqDdAtycJT1q1tcjQJwKEYXwrlU-D7EGIbmNc4hRHHPg==]
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« Reply #64 on: December 16, 2013, 07:44:09 AM »

http://www.kniferights.org/Knives-and-the-Second-Amendment.pdf
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« Reply #65 on: December 23, 2013, 03:34:16 PM »

sign up here for the following newsletter http://visitor.constantcontact.com/manage/optin/ea?v=0016QJmXVl66KpcZdpmRahR4A%3D%3D

 Knife Rights To Appeal Outrageous Ruling in NYC Case
Please Support Our Efforts Today! 
Knife Rights has a filed a Notice of Appeal in its federal civil rights lawsuit against New York City, following a judge's refusal to allow supposed "defects" in the case documents to be corrected. The judge previously used those "defects" to try to throw out the case.
 
U.S. District Judge Katherine B. Forrest previously held that the plaintiffs don't have standing to sue, because the complaint didn't identify specific knives that would be illegal under New York City's misinterpretation of state law. Ironically, the whole point of the case is that it's nearly impossible to figure out what is legal or illegal under New York City's haphazard and inconsistent approach - even the DA has admitted that different specimens of the exact same make and model knife could be simultaneously found to be both legal and illegal!
 
Following the Judge's decision, Knife Rights sought permission to amend its complaint to address the supposed defects in it--a basic courtesy that is supposed to be freely given.  Instead, the judge found that allowing Knife Rights to fix the defects she herself had identified would somehow prejudice NYC, ignoring that ending the case is the ultimate prejudice to those being wrongly arrested under the city's misinterpretation of state law!
 
So, Judge Forrest has identified supposed defects in the case, while simultaneously denying Knife Rights the chance to fix those defects. That outrageous decision cannot stand. Knife Rights has filed notice that it intends to appeal the ruling, and briefs in the case will be filed with the Second Circuit Court of Appeals within several months.
 
 
Knife Rights will never stop fighting for your rights, and neither should you. Please help us win this critical battle by contributing to the Knife Rights Foundation today as generously as you can. We've led the fight to defend knife rights in the legislative arena and we are pioneering it in the courts. Please help us defend freedom!
 

South Carolina Knife Law Preemption Bill Pre-Filed for 2014       

South Carolina state Senator Kevin L. Bryant has introduced a Knife Law Preemption bill, S.885, for the 2014 session.  S.885 simply adds "knives" to the state's existing Firearms Preemption Law. It would make state knife law supreme over the entire state, repealing existing local knife regulations and prohibiting any future knife regulations. This is the fifth Knife Rights backed bill pre-filed for the 2014 legislative session!
 
If you live, work or travel in South Carolina, please contact your state Senator and ask them to please support S.885. If Sen. Bryant is your Senator, please thank him for sponsoring S.885. You can find your South Carolina state Senator here: http://www.scstatehouse.gov/legislatorssearch.php
Knife Law Preemption is Knife Rights' signature legislative initiative and is the essential foundation for improving knife laws and protecting knife owners. Beginning with the nation's first Knife Law Preemption bill passed in 2010 in Arizona, Knife Rights has passed Knife Law Preemption in seven states to date. Knife Law Preemption prevents a patchwork of local ordinances which can entrap honest citizens traveling within or through a state. This is the fourth Knife Rights' Knife Law Preemption bill filed so far for next year.
 
Knife Rights is rewriting knife law in America™ in the legislatures and the courts. Support the fight for a Sharper Future™ with a donation before the end of the year and get chances to win from $7,500 worth of gift certificates valued up to $1,000.  DONATE TODAY for a Sharper Future Tomorrow!

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« Reply #66 on: April 08, 2014, 05:41:42 PM »

http://reason.com/archives/2014/04/07/the-case-for-knife-rights?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+reason%2FArticles+%28Reason+Online+-+All+Articles+%28except+Hit+%26+Run+blog%29%29&utm_content=FaceBook
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« Reply #67 on: July 25, 2014, 04:14:24 PM »

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/07/25/new-york-court-sets-aside-gravity-knife-prosecution/


The Volokh Conspiracy
New York court sets aside “gravity knife” prosecution

    16
    More

By Eugene Volokh July 25 at 11:31 AM

From People v. Trowells (N.Y. trial ct. July 11, 2014, published in the N.Y.L.J. today) (some paragraph breaks added):

    Defendant, Anthony Trowells, is charged, inter alia, with Criminal Possession of a Weapon in the Third Degree (PL §265.02[1]) [elevated to a felony because of a prior conviction for Possession of a Forged Instrument in the Second Degree -EV] ….

    It is alleged that on or about June 12, 2013 at approximately 10:05 a.m., the defendant was walking in the vicinity of the Major Deegan Expressway and Jerome Avenue in Bronx County, when he was observed by Detective Keith Ames of the Bronx Narcotics Squad to have a gravity knife clipped to his belt. The People claim the knife was in plain view.

    The defendant claims that Det. Ames attempted to engage him in a drug-related conversation, and when he refused to respond and attempted to walk away from him, Det. Ames then physically stopped the defendant, conducted a search of defendant’s person and recovered the gravity knife….

    [New York Civil Criminal Procedure Law] §210.40 permits dismissal of an indictment where, for a variety of reasons, the merits are not at issue and the interest of justice would be served by the termination of prosecution. In determine whether granting or denying the motion to dismiss would serve justice, the Court may consider the existence of any compelling circumstance…. In evaluating whether there exists a compelling basis for dismissal, CPL §210.40[1] sets out ten factors a court may consider. The ten factors are as follows:

        (a) the seriousness of the crime;
        (b) the extent of harm caused by the offense;
        (c) the evidence of guilt, whether admissible or inadmissible at trial;
        (d) the history, character and condition of the defendant;
        (e) any exceptionally serious misconduct of law enforcement personnel in the investigation, arrest and prosecution of the defendant;
        (f) the purpose and effect of imposing upon the defendant a sentence authorized for the offense;
        (g) the impact on the public interest of a dismissal of the indictment;
        (h) the impact of a dismissal on the safety or welfare of the community;
        (i) where the court deems it appropriate, the attitude of the complainant or victim with respect to the motion;
        (j) any other relevant fact indicating that a judgment of conviction would serve no useful purpose.

    … Courts have made it clear that no one of these ten factors is dispositive, however, taken as a whole, they serve to balance the interests between the individual and the state. Thus, this Court must balance all the factors, as well as any other relevant factors in deciding defendant’s motion. In so doing, defendant’s motion to dismiss is granted….

    In 1958, the Legislature enacted Penal Law §265.01[1] criminalizing the mere possession of a gravity knife, i.e., deeming it a “per se” weapon. The statute was in response to what was then characterized as great public concern over the rampant criminal use of gravity knives by New York City juveniles. Penal Law §265.00[5] defines a gravity knife as “any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, lever, spring or other device.” Centrifugal force is not defined in the Penal Law, however, it is well-settled law that releasing the blade from the handle of the knife by flicking the wrist constitutes centrifugal force.

    Notwithstanding their illegality, gravity knives are widely manufactured and sold across the country in hardware and outdoor stores under brand names such as Clip-it, Husky Utility Folding Knives and other brands. They are sold for and are used for purely legitimate purposes. Despite “locking” safety features, many can be “flicked” open with the appropriate amount of force. Thus, these knives are routinely carried by many New Yorkers for legitimate purposes ignorant of the fact that they may be in violation of the law and face a potential automatic one-year jail sentence.

    The law has been criticized by many as resulting in the prosecution of many law-abiding New York City citizens and visitors including artists, construction workers, electricians and others who carry gravity knives for work and other lawful endeavors (see David B. Kopel et al., Knives and the Second Amendment, 47 U Mich JL Reform 167, 210-211 [2013]; Ian Weinstein, Note, Adjudication of Minor Offenses In New York City, 31 Fordham Urb LJ 1157, 1167 [2004]). For example in 2011, New York police arrested John Copeland, a painter, for carrying a Benchmade three-inch folding knife in his pocket. The knife was alleged to be a gravity knife. The charges against Copeland were ultimately dismissed after a showing was made that Copeland was an artist and legitimately used the knife to cut canvas for his artwork.

    In 2012, Clayton Baltzer was on a field trip to New York City with his fine-arts classmates from Pennsylvania’s Baptist Bible College & Seminary. While riding the subway, a police officer observed what he believed to be a gravity knife clipped to Baltzer’s belt. After many failed attempts to flick open the knife, the officer was finally able to open it and placed Baltzer under arrest for the possession of the gravity knife. Baltzer was convicted of the misdemeanor possession of the gravity knife and was sentenced to pay a fine in the amount of $125 fine and to complete two (2) days of community service.

    These and other cases have led to various proposed amendments of the statute. While apparently recognizing the societal shift from rampant criminal use of gravity knives of the 1950s to the widespread, legitimate possession of gravity knives of today, in 2011, the New York Assembly passed Bill 2259A. It called for the amendment of PL §265.01 to the extent that an individual would be guilty of criminal possession of a weapon in the fourth degree when he or she “possesses a gravity knife with the intent to use the same unlawfully against another.” Similarly, in 2013, Senate Bill 5650 proposed to amend PL §265.15 to create an affirmative defense for criminal possession of a gravity knife. The affirmative defense would be that the possessor did not intend to use it unlawfully. Clearly, the Legislature is addressing the need to delineate the criminal possession versus the lawful possession of gravity knives.

    While this Court is in no way minimizing the defendant’s actions, it notes that the defendant was not using the gravity knife unlawfully against another, nor was he threatening its use. Rather the gravity knife was found in his possession following a search of his person by law enforcement.

    The stop and subsequent search of the defendant’s person is also at issue. It is unclear as to the basis for defendant’s stop as well as subsequent search of his person. The People assert that the gravity knife was in plain view, clipped to defendant’s belt. The defendant asserts that he refused to respond to questions posed to him by the narcotics detective regarding drug activity in the area, and that he attempted to walk away from the detective. This behavior allegedly prompted the physical stop and search by Det. Ames. While this would not rise to serious misconduct on the part of law enforcement, it certainly calls into question the legality of the stop and admissibility of the gravity knife.

    Finally, while certainly cognizant of the defendant’s criminal background — nineteen (19) misdemeanor convictions and one (1) felony conviction, the aforementioned and last conviction for Criminal Possession of a Forged Instrument in the Second Degree for which he received a sentence of probation — this Court does not believe that dismissal of the indictment would result in any negative impact on the confidence of the public in the system, or that dismissal of the indictment would have any impact on the safety and welfare of the community.

    Based on the aforesaid, defendant’s motion to dismiss the indictment in the furtherance of justice is granted.

Note that the judge here is just applying the specific New York statute — New York Civil Criminal Procedure Law §210.40 — and not saying the prosecution is unconstitutional.

Thanks to Keith Kaplan for the pointer.
Eugene Volokh teaches free speech law, religious freedom law, church-state relations law, a First Amendment Amicus Brief Clinic, and tort law, at UCLA School of Law, where he has also often taught copyright law, criminal law, and a seminar on firearms regulation policy. Before coming to UCLA, he clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit. Volokh is the author of the textbooks The First Amendment and Related Statutes (4th ed. 2011), The Religion Clauses and Related Statutes (2005), and Academic Legal Writing (4th ed. 2010), as well as over 70 law review articles. Volokh is also an Academic Affiliate for the Mayer Brown LLP law firm.
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« Reply #68 on: November 30, 2014, 12:33:57 PM »

http://www.kniferights.org/index.php?option=com_content&task=view&id=282
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« Reply #69 on: December 22, 2014, 01:13:12 PM »

http://jud.ct.gov/external/supapp/Cases/AROcr/CR315/315CR113.pdf  
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« Reply #70 on: December 23, 2014, 08:40:27 AM »



http://www.kniferights.org/Knife_Rights_Appeal_Brief.pdf

http://www.kniferights.org/DAoppbrief.pdf

http://www.kniferights.org/Knife_Rights_Reply_Brief.pdf
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« Reply #71 on: January 17, 2015, 05:09:00 PM »

http://campaign.r20.constantcontact.com/render?ca=32fa0463-6a0a-4cdf-91d7-40049f7d04f0&c=33110580-51b9-11e3-a190-d4ae52900e00&ch=3430cd60-51b9-11e3-a1ea-d4ae52900e00
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« Reply #72 on: January 26, 2015, 06:41:03 PM »

http://jud.ct.gov/external/supapp/Cases/AROcr/CR315/315CR113.pdf
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« Reply #73 on: November 25, 2015, 10:30:30 PM »

Wisconsin Appeals Court Upholds Second Amendment Argument in Switchblade Possession Case

Applying the Second Amendment to knives as arms and the groundbreaking Heller U.S. Supreme Court decision, the Wisconsin Court of Appeals reversed a lower court decision that it was illegal for someone to possess a switchblade (automatic) knife in their home. The court concluded that the Second Amendment protects knives as well as guns, one of Knife Rights' foundational principles.


As such, this decision, albeit narrow as was required by Wisconsin law, held that at least with regards to switchblades at home, Wisconsin's ban is unconstitutional. Knife Rights believes such bans are entirely unconstitutional. Having said that, Knife Rights Wisconsin Knife Law Reform bill, AB 142 would remove this prohibition altogether, as well as enact Knife Law Preemption, resolving the issue entirely. AB 142 has passed the House and awaits a vote in the Senate.     
The case arose when Cory Herrmann, the defendant, was injured in his home. Showing his switchblade knife to a friend, Herrmann dropped the knife and cut his femoral artery. After 911 was called, officers responding to the scene seized the switchblade and subsequently Herrmann was charged with illegal possession.
While AB 142 will hopefully settle the issue for good in Wisconsin, this decision is part of an evolving body of law protecting knife ownership and carry that was summarized in the first detailed scholarly analysis of knives and the Second Amendment published in 2013 and authored by noted Second Amendment scholars Dave Kopel, Clayton Cramer and Joe Olson. Read "Knives and the Second Amendment" here: http://www.kniferights.org/Knives-and-the-Second-Amendment.pdf
Some enlightening quotes from the Court of Appeals decision:
You can read the court's decision here: http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=155961 
 
"Although the Heller Court emphasized that handguns are frequently used for self-defense, we do not think Heller can be read to create different levels of protection for different types of arms that fall under the Second Amendment, based on their popularity. In addition, it is not particularly surprising that handguns are more prevalent than switchblades, given that switchblades were banned or severely restricted in many states, including Wisconsin, beginning in the late 1950s and early 1960s."
 A key point is that the court also rejected the state's intellectually bankrupt argument that only a subset of knives was banned and that alternative knives were available, "Herrmann could have easily used a non- prohibited weapon for his protection. The statutory ban on switchblade knives does not unreasonably impair Herrmann's right to keep and bear arms." The Second Amendment, supported by Heller and other decisions, doesn't differentiate between types of arms. The court held, "The State...failed, to the extent necessary after Heller, to show that Herrmann had reasonable alternative means to exercise his Second Amendment right to bear arms."
The court also noted some advantages switchblades have over guns, "For safety reasons people with children may not want guns around the house. People with limited financial resources who may not be able to afford a proper gun likely would be able to afford an effective $10 automatic knife. Finally, for people who are excluded from lawful gun ownership, an automatic knife may be the most effective arm available."
"The State argues that [the switchblade ban] serves an important governmental objective - namely, protecting the public from the danger of potentially lethal surprise attacks posed by individuals using switchblade knives. However, the State cites no evidence to establish that this danger actually exists to any significant degree. Again, the State has the burden to establish that [the switchblade ban] satisfies intermediate scrutiny, and it must do so by showing the existence of real, not merely conjectural, harm... Thus, on the record before us, we are not convinced that [the switchblade ban] serves an important governmental objective."
 
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« Reply #74 on: January 02, 2016, 07:14:52 PM »

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/12/31/washington-state-top-court-some-knives-are-likely-constitutionally-protected-arms-but-paring-knives-arent/
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« Reply #75 on: February 01, 2016, 06:54:04 PM »



http://campaign.r20.constantcontact.com/render?ca=e7fe12ce-b0a7-4b1b-8757-cb42c18e6e87&c=33110580-51b9-11e3-a190-d4ae52900e00&ch=3430cd60-51b9-11e3-a1ea-d4ae52900e00
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« Reply #76 on: February 07, 2016, 03:07:05 PM »

http://countercurrentnews.com/2014/11/british-police-calling-for-knife-ban/#
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« Reply #77 on: February 07, 2016, 10:56:28 PM »


That should go well.
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« Reply #78 on: February 08, 2016, 09:04:20 AM »

A British Dog Brother comments:

"Hey, I can't comment on the link you tagged me in (the OP will have security set). It's poorly written, misinformed hack journalism. There are laws here about 'what is something designed for' and 'what is the purpose of carrying something in public'. The latter picks up on the fact that kitchen knives, chain saws, pool cues, etc can all be used to harm people. It allows for police to stop people if the have 'probable cause' to do so. No one is trying to ban kitchen knives, I can go to HomeStore and buy a pruning machete if I want. But if I start carrying it around on the street I've got some explaining to do (and I'll be given my opportunity to do so). On amnesty, this is to remove things from circulation that are covered by the former law. They are normally only done after a major crime (people 'poop' themselves about the consequences of being caught with an 'illegal') or when police/charities have been successful with gang work. The law does allow for the carriage of utility and multi tools. It's all about purpose and intent. A frozen haddock, carried with the intention of bludgeoning someone would be a weapon  (and you could be charged with premeditation). Hope this makes sense.

"An example! The Glasgow Clan used to meet in a public park every Sunday. Glasgow is well known as 'not exactly safe' and has a greater than average police presence.  The first time we were there we were approach by police after about 30 mins, they politely asked us what we were doing. We (Actually Scotty) explained and we were cool. It helped we were all branded up with t-shirts and bags wink emoticon Though every week the police did just 'drive by' us few the first month until they decided we were harmless."

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« Reply #79 on: June 05, 2016, 06:38:05 PM »

http://www.villagevoice.com/news/ny-assembly-passes-bill-to-end-over-prosecution-of-gravity-knives-7250847
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