WI court applies Heller decision to knives

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johndoe3
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WI court applies Heller decision to knives

Post by johndoe3 »

The Wisconsin Supreme Court applied the Heller decision to possession of switchblade knives and found the WI state law unconstitutional.

http://jurist.org/paperchase/2015/11/wi ... knives.php

They reasoned that knives are arms and that knives are no more lethal than guns. Of course this WI decision applies only to those living in Wisconsin. However, it does create the beginning of a legal basis for applying the Heller decision to knives and other nongun arms that may be cited in future cases in other states.

Personally, I've had my eye on an O-Tanto Warrior short sword that I'd like to have and carry (if it were legal). :wink:

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Re: WI court applies Heller decision to knives

Post by Marsblue »

In Colorado it is legal to concealed carry a knife up to 3.5", but there is no limit on open carry length. The only exception is that you can have a hunting style knife longer than 3.5" concealed if you are out hiking/camping/something like that. Basically it is so that you can have a big hunting knife tucked in your backpack or something. You could legally walk around with a katana in the open. I'm not sure about any local ordinances that individual towns or cities have.
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whiterussian1974
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Re: WI court applies Heller decision to knives

Post by whiterussian1974 »

In TX edged weapons are considered similar standard as CCW: less than either 3.75-3.85" length; or affirmative defense if possessed for lawful purpose in furtherance of activity that such instrument is normally used/required.
Spring-loaded was once prosecuted, but assisted-opening isn't in most counties.
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doubloon
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Re: WI court applies Heller decision to knives

Post by doubloon »

whiterussian1974 wrote:In TX edged weapons are considered similar standard as CCW: less than either 3.75-3.85" length; ...
Varies by municipality but up to 5.5".

It is also legal to "own" switchblades. Hairs may be split over the definition of "own" and "carry".

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
PENAL CODE CHAPTER 46 wrote:(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by being thrown;
(C) dagger, including but not limited to a dirk, stiletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
(7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.
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whiterussian1974
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Re: WI court applies Heller decision to knives

Post by whiterussian1974 »

Doubloon: Thanks for updating me on the State's amended knife length. I wonder which Legislative Session changed it?
The rule of thumb before was if the blade was longer than the width of one's own hand. Not at all scientific. But our policy anyway.
If the case got thrown out in pretrial...
The main point is that you got the duck for the arrest. Plus, Adrian Garcia had his own priorities. The theory being that it COULD pierce vital organs.
Then again, a Bic pen is lethal if used correctly.
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doubloon
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Re: WI court applies Heller decision to knives

Post by doubloon »

I'm not sure when it may have changed but I know in cities like Corpus the legal blade length is much shorter and on federal properties the legal blade length is something like 2.5" or 2.75"

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