The Cutting Edge

The official blog of Knife Depot

Category: Legal Issues (page 4 of 5)

Calif. Court Strikes Down Extensive Anti-Knife Ruling

6_315354The proverbial ship was righted a few weeks ago after the California Court of Appeals reversed an overreaching ruling from a lower court that deemed any knife that could be flicked open with a wrist a switchblade.

According to Knife Rights, “the lower court made the faulty ruling despite an explicit provision in California law that distinguishes and protects one-hand opening and assisted-opening knives with a bias towards closure and despite prior Appellate Court rulings upholding that exception.”

What that lower court in California was saying was that the 80 percent of the knives sold in the United States are illegal.

Fortunately for knife carriers throughout California, the judges in the higher court reversed that expansive ruling and brought things back to the status quo. Here’s an excerpt from the judge’s opinion:

“Switchblade knife” does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position.

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Knife Rights’ Case Against NYC Marches On

Late last year, the New York City district attorney tried to throw out a knife-related civil rights suit against him and the city on the basis that there is no standing. Well, a judge has just announced that Knife Rights, which brought up the lawsuit, does in fact have a valid case and the suit will proceed.

As a refresher for anyone who’s late coming to this story, DA Cyrus Vance Jr. cracked down on knives in New York City by doing two things that Knife Rights claims is illegal. First, they prohibited retail stores from selling certain types of knives that aren’t usually considered gravity knives (which are illegal in NYC). Second, police arrested people carrying these same pocket knives, which, again, these should be considered legal.

Gravity knives, which is a legal term, are defined by being able to be opened with only the use of gravity. Unfortunately, the DA has broadened that definition to also mean knives that can be opened by the flick of a wrist.

So, Knife Rights teamed up with companies and citizens affected by this broad use of force. But the courts aren’t letting the DA get out of this one so easily. Here’s more from Knife Rights:

“Despite their attempts to make this case go away, NYC and DA Vance will now be held fully accountable in federal court by Knife Rights for their disgraceful attempts to demonize the most widely-owned pocket knives in America as contraband, and to intimidate honest knife retailers into making six-figure forced ‘contributions’ to the City, under threat of criminal penalty, in order to avoid prosecution,” said Knife Rights Chairman Doug Ritter.

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Eagle Scout Nearly Charged for Accidentally Taking Knife to School

Note: Not actual knife from story.

If you’ve ever gone on a camping trip with your usual backpack, you know how easy it is to accidentally leave some rope or supplies in your bag. However, for one Eagle Scout—the youngest one in the state of Colorado—accidentally forgetting a knife in his backpack meant potential criminal charges.

According to American Knife and Tool Institute (AKTI), the young boy had gone camping in the spring. He took a small knife with him on the trip, but he forgot to remove it before heading back to school. Needless to say, his school was not pleased with his mistake. He was charged with having a weapon at school.

It’s easy to imagine the fear and headache this whole ordeal was for the young boy. As an Eagle Scout, I’m sure he is a great student who never got into any major trouble, and being charged with having a weapon is a big deal.

Fortunately, his public defender was smart enough to reach out to the AKTI and measured the length of the knife with the AKTI Knife Measuring Protocol. Using the accurate measurement system, it was found that the boy’s knife was under 3.5 inches, meaning it should not be considered a weapon. All the charges were dropped.

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Missouri Law Repeals Ban on Switchblades


With the signature of Gov. Jay Nixon earlier this month, the ban on possessing, selling and manufacturing switchblades in Missouri has effectively been repealed, according to Knife Rights.

The new law, signed on July 14 and effective immediately, doesn’t word it as clearly, but here’s the main part of the bill concerning knives:

1. A person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells:

Any of the following in violation of federal law:

(d) A switchblade knife.

What that essentially means is that it is still a crime to carry a switchblade, but only when it violates federal law. According to Knife Rights, that’s limited to interstate commerce, Indian reservations and anywhere federal regulations exist like national parks.

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Newly introduced Pennsylvania bill would remove knife restrictions

A new bill introduced into the Pennsylvania House of Representative will continue the trend toward allowing citizens more freedom when it comes to possessing and carrying knives, according to the American Knife and Tool Institute.

The bill will remove the strict prohibition of switchblades and prevent cities in Pennsylvania from creating their own knife laws that are stricter than the state’s. This means the knife laws will be consistent throughout the state, so someone carrying a knife in one city wouldn’t be subject to fines or arrest in another.

What the bill will do is alter the definition of “offensive weapon” in the Crimes and Offenses statute to remove switchblades. Dan Lawson, AKTI Legal Contributing Counsel, made a very interesting point about the use of switchblades:

“It may be interesting to note that there are a number of states which never adopted a switchblade prohibition. These states include Oregon, Idaho, North Dakota and Arizona. I would suggest…that there is no discernible difference in knife crime in states with extremely stringent knife laws and states with relatively lenient or no knife laws.”

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Should Boston convenience stores need a license to sell knives?

Want to buy a blade in Boston?

Well, doing so may soon be trickier, if two Boston city councilors get their way.

Michael P. Ross and Tito Jackson plan to propose an ordinance Thursday at a Boston City Council meeting that would require all merchants selling knives in the city to be licensed in order to do so.

The councilors say the ordinance is a response to the high number of stabbings in the city and a recent undercover sting operation that caught many convenience store owners selling knives to underage buyers.

“Clearly, these knives are dangerous weapons being sold casually in a convenience store, and they’re being sold to children,’’ said Ross. 

In an email, the knife advocacy group Knife Rights urged its members in the Boston area to express their opposition to the measure and adding the following.

There is no indication that there has been any factual connection made between violence committed with knives in the city and these retailers, or that licensing would actually help the situation any more than simply enforcing the existing law on the books. 

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Knife Rights takes on New York City DA in lawsuit

New York resident John Copeland was shocked when he was nabbed by the police for having a folding knife with a three-inch blade that he bought from a reputable sports store in New York City. Apparently, police wrongly deemed this knife and many other folding knives an illegal gravity knife, according to the New York Post.

So, what’s the best way to get a city to address the problem? Sue them.

Knife Rights, the non-profit knife advocacy group from Arizona, has filed a civil rights lawsuit on behalf of Copeland and another man against New York City District Attorney Cyrus Vance Jr., who has been on a yearlong crusade to remove knives from the streets.

The only problem is, Knife Rights claims that Vance and police are wrongfully identifying any knife that’s easily opened with one hand as gravity knives.

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Do You Know Your "Knife Rights?"

Knife Rights is a pro-knife advocacy organization that works to repeal and oppose anti-knife laws and pass pro-knife laws across the country.  We recently spoke with Knife Rights Founder and Chairman Doug Ritter about the current state of knife laws.

Tell me about how Knife Rights was started?

What got things rolling was an article in the Wall Street Journal in 2006.  It was an extremely biased, inaccurate and hyperbole-filled piece about these “terrible tactical knives” and there was no timely response from the knife industry.

I realized, then, that there was no NRA for knife owners, no aggressive grassroots organization protecting our interests.  I had seen how knives had been demonized and how incredibly restrictive the laws regarding the carrying of knives had become overseas.  After posting on some online knife forums, it was clear that I was not the only one concerned, but someone had to take the bull by the horns and do something, and it seemed I was that someone. That was what precipitated the creation of Knife Rights, a grassroots knife owners organization committed to making a difference.

What were some of the early issues that helped galvanize the pro-knife movement?

In 2009, U.S. Customs proposed to redefine what a switchblade was in a manner that would have impacted most of the knives sold in America today. A coalition of the knife industry, with Knife Rights representing the grassroots and with support from a number of Second Amendment organizations, took on Customs and won. We got Congress to pass a fifth exception to the Federal Switchblade Act that protected one-hand openers and assisted openers.  This success significantly elevated our exposure and added a tremendous amount of credibility and served to encourage us to become even more aggressive about protecting our rights and freedoms.

Last year, we were able to repeal the law banning switchblades, dirks, daggers and stilettos in New Hampshire.  We also successfully lobbied for the passage of the nation’s first knife preexemption law in Arizona.  This year we passed knife preemption in  Utah and in New Hampshire a knife preemption bill is headed to the governor for signature.  We also stopped a very bad anti-knife bill in Nevada this year.

What is preemption and why is it important to the pro-knife movement?

Preemption means that state laws governing knife use trump local ordinances.  In many states, counties, cities and other municipalities all have their own knife laws, which can be more restrictive than state law.  As a result an individual driving across a metropolitan area could encounter a different law every fifteen minutes.  It’s virtually impossible in that situation to know what’s legal.

Once a preemption law is passed, only the state knife laws are valid, which improves the situation for knife owners, as a matter of everyday carry, and it allows us to concentrate our efforts at the state level to  improve the legal situation for knife owners in a particular state, which is a much more efficient and effective use of limited resources.

When were many of the anti-knife laws that exist today passed?

Many of these laws were passed during the 50’s.  At that time, there was a demonization of switchblades and gravity knifes, encouraged by Hollywood make-believe, and this resulted in model switchblade and gravity knife legislation in many states and the passage of the Federal Switchblade Act.  Since then politicians have found regulating and restricting knives to be easy pickings and the  diminishment of our knife rights has pretty much flown under the radar without a national grassroots organization to oppose it.

You have been very critical of an effort by New York City District Attorney Cyrus Vance Jr. to prosecute knife owners and knife distributors. Why?

New York State has a very specific switch blade and gravity knife law and New York City  and Vance have chosen to use a misinterpretation of that law to abuse the civil rights of New Yorkers.  First, he went to major retailers, like Home Depot, Eastern Mountain Sports and Paragon Sports and said, “If you don’t stop carrying what we believe is an illegal knife, “we’re going to put you in jail.”

In order to avoid prosecution, they entered into a settlement in which they paid millions of dollars to the D.A.’s education campaign about illegal knives, which is nothing more than a slush fund that the D..A. controls.

What about arrests of knife owners, hasn’t that been happening quite frequently in New York City?

There has been a huge uptick of law abiding citizens arrested in New York City for carrying pocket knives.  In New York City, it is illegal to carry a visible knife, and most citizens don’t realize that a knife clipped in their pocket is visible under their law. If a police officer sees a visible knife, can open is with a ‘flick,” even if it takes numerous atempts, they arrest these folks, take them to jail and book them.

Now they have to go to court and will spend in the neighborhood of $10,000 to get the case dismissed—and it almost always is dismissed, unless they have incompetent counsel.  So, at a time when the city is short on funds, the courts are being swamped with these cases that are eventually dismissed.  The only ones making money on this are the attorneys. meanwhile, they have succeeded in intimidating New Yorkers from carrying perfectly legal tools.

How serious are these charges?

They are class 4 misdemeanors, which is the most serious misdemeanor, with a penalty of up to a year in jail, and if you have any prior criminal convictions, it becomes a felony.  This  isn’t just a parking ticket, they take you to the precinct, book you, fingerprint you and throw you in jail.

Do you believe there should be any type of knife regulation?

It is absurd to regulate a tool, when what you really need to regulate is what people do; it shouldn’t matter whether they use a knife, a baseball bat a tire iron or a purse. Prosecute illegal actions, not tools.   Going after knife owners is just a red herring for individuals who simply want control and don’t believe in freedom.

What sort of relationship do you have with the NRA?

Well, we are both concerned with civil rights and both guns and knives are Second Amendment issues.  I think it is clear the vast majority of NRA members also own and carry knives and use them at home, work and play, so there is certainly a significant amount of crossover.  We have a good relation with the NRA and are very thankful for the support we receive from the NRA and other Second Amendment groups. We like to say that Knife Rights is the second front in defense of the Second Amendment.

What do you foresee in terms of future knife advocacy?

We are certainly the knife owner’s best friend and we have every intention of escalating our efforts and becoming stronger.  As more people join and we gain more successes, I expect that it will become increasingly difficult for someone to pass a restrictive knife law in the United States.  At the same time we will continue our efforts to roll back existing bad laws already on the books and expand knife owner’s freedoms. It has taken over 50 years to get where we are today. We won’t turn it around overnight, but we are already moving things in the right direction and accelerating our efforts.

The biggest issue we have right now is the apathy of knife owners who either don’t believe it is happening, or that it can’t happen here, or think that it’s not their problem.  They are wrong. It is happening and it will get worse if we don’t oppose it. If you go overseas to the United Kingdom and other countries, you can see how bad it can get and will get if we don’t continue to work together. With support from knife owners, Knife Rights can prevent that from happening here.  It is a modest investment in a sharper future for all Americans.

Would America Be Safer If Everyone Was Required To Own A Knife?

We’ve been blogging a lot lately about efforts to regulate knives, such as a proposed law in Nevada that would make it illegal for a parent to carry a pocket knife to a high school football game.

In researching knife laws, I’ve realized they’re often very similar to gun laws: fear-based and irrational.

I recently checked out a pretty cool video about guns in Switzerland.  The Swiss have a proud military tradition and require all males to serve in the militia until the age of 30.  When joining, each Swiss citizen is issued a SIG SG 550 automatic rifle, and must keep the weapon at home during their service in case of an invasion.  The weapons are inspected regularly to make sure that no unauthorized use occurs and incidents of the guns being used for crime are extremely rare. Militiaman are allowed to keep their weapon after the service, though it is removed of its automatic function.

So, the big question, obviously, is what are the results of this novel experiment?

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Nevada Knife Law Would Make it Illegal to Bring a Pocket Knife to a High School Football Game

Pocket KnifeA proposed Nevada knife law, which would criminalize possession of a wide range of knives on school property, would make it illegal for a parent to possess a pocket knife at a high school football game.

The bill, SB. 171, was introduced earlier last month by Nevada State Senator Shelia Leslie and classifies any knife larger than 2 inches as a “dangerous knife.”

Anyone who possesses a dangerous knife on school property or at a school function could be charged with a misdemeanor, face a fine and be imprisoned for up to 15 days.

The bill even goes as far as to prohibit  knives at “any activity sponsored by a private or public school or child care facility.”

It doesn’t just apply to students and would extend to those in vehicles on school property as well.

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