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Thread: The 2nd Amendment and That's not a knife

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    The 2nd Amendment and That's not a knife

    A scholarly article on the 2nd Amendment and knife laws - Virginia

    https://heinonline.org/HOL/Print?col...egulr34&id=367



    In the 1986 film Crocodile Dundee, Australian outdoorsman Mick Dundee is approached by a young man who brandishes a switchblade and demands Dundee's wallet. "He's got a knife," Dundee's companion urges him. "That's not a knife," Dundee chuckles as he produces a much larger blade. "That's a knife!" Virginia courts periodically deal with cases in which they must answer a similar question: whether a knife is a prohibited concealed weapon under Virginia law. Unfortunately, the answer to that question is not always as clear as it was to Mick Dundee. This Note addresses the treatment of switchblades and other knives in Virginia by state law, state legislators, and local law enforcement. Second, it reviews some of the perplexing cases in which Virginia courts have grappled with that law, and the resulting constitutional vagueness concerns. Third, it discusses whether the right to bear knives and other bladed weapons as "arms" is protected by the Second Amendment. Finally, it concludes by proposing solutions for the issues Virginia law poses to knife owners.

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    Site Supporter Totem Polar's Avatar
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    Link is password protected.


    I will say that I wish that more attention would be given to the definition of “arms” that we have a right to bear. WA state is just getting ridiculous when it comes to knives. The fact that I can carry a G17 around town (or OC a Daniel Defense carbine) but can’t carry a clinch pick in the design’s intended location is retarded.
    ”When antisemitism moves from the shameful fringe into the public square, it is not about Jews… it is about the surrounding society or the culture or the country. It is an early warning system—a sign that the society itself is breaking down. That it is dying.” -Bari Weiss

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    I cannot see the article, but there is some good caselaw at the state level discussing knives and the second amendment. If I recall correctly, Oregon has produced some good opinions.


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    Try https://scholar.google.com/scholar_l...2Fssrn.3959062

    then see if you can download the PDF. Worked for me without any passwords.

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    The R in F.A.R.T RevolverRob's Avatar
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    AKTI has a nice long history of solid pro-knife litigation and positive law changes. While the laws are ridiculous in many places, I think we've seen more positive changes for knife laws in the past 10-years than ever before.

    That said, concur that bearing of arms is clearly about ALL arms. And if I want to walk around with a tomahawk and a blunderbuss I should be able to. Yet in most regions only the blunderbuss would be legal.

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    Site Supporter Hambo's Avatar
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    A FL CWP allows one to carry a gun, knife, or "billie". Unfortunately, there is no pre-emption of local laws, so some cities/counties prohibit knives as weapons. There is also the troublesome undefined "common pocket knife" referenced in statutes for those who don't have a CWP.
    "Gunfighting is a thinking man's game. So we might want to bring thinking back into it."-MDFA

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    Site Supporter PNWTO's Avatar
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    Quote Originally Posted by Totem Polar View Post
    Link is password protected.


    I will say that I wish that more attention would be given to the definition of “arms” that we have a right to bear. WA state is just getting ridiculous when it comes to knives. The fact that I can carry a G17 around town (or OC a Daniel Defense carbine) but can’t carry a clinch pick in the design’s intended location is retarded.
    I’ve never quite understood how someone could OC a bowie but if your untucked shirt covers your clinch pick it’s “furtive”.

    Interesting case law in WA about a belt or pocket being a “reasonable place to expect a knife” but that one word “furtively” seems to negate it and has been unchallenged.
    "Do nothing which is of no use." -Musashi

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    Modding this sack of shit BehindBlueI's's Avatar
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    1st off, any scholarly article that begins with a remembering of Crocodile Dundee instantly has my interest.

    2nd off, that's as far as I got, because without a subscription I can only read the first page.


    I can walk around with any number of long guns, handguns, "AOW" firearms, switchblades, knives, swords, saps, billies, brass knuckles, and all of it can be open or concealed carry. But not "Chinese Throwing Stars" which is defined as a throwing knife with blades set at different angles. No Sir, those are dangerous and will net you a Class "C" misdemeanor. Which is the lowest level crime you can be jailed for, and can net you 0-60 days in jail and up to a $500 fine.
    Sorta around sometimes for some of your shitty mod needs.

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    Site Supporter Totem Polar's Avatar
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    Quote Originally Posted by BehindBlueI's View Post
    No Sir, those are dangerous and will net you a Class "C" misdemeanor. Which is the lowest level crime you can be jailed for, and can net you 0-60 days in jail and up to a $500 fine.
    Yeah, but those things are not to be trifled with:

    ”When antisemitism moves from the shameful fringe into the public square, it is not about Jews… it is about the surrounding society or the culture or the country. It is an early warning system—a sign that the society itself is breaking down. That it is dying.” -Bari Weiss

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    Site Supporter Hambo's Avatar
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    Quote Originally Posted by BehindBlueI's View Post
    I can walk around with any number of long guns, handguns, "AOW" firearms, switchblades, knives, swords, saps, billies, brass knuckles, and all of it can be open or concealed carry. But not "Chinese Throwing Stars" which is defined as a throwing knife with blades set at different angles. No Sir, those are dangerous and will net you a Class "C" misdemeanor. Which is the lowest level crime you can be jailed for, and can net you 0-60 days in jail and up to a $500 fine.
    Racist bastards in the legislature have it in for the Chinese.
    "Gunfighting is a thinking man's game. So we might want to bring thinking back into it."-MDFA

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