9th Circuit overturns Hawaii butterfly knife ban

[BillSWPA]

What are the odds this set of rulings is used as a precedent to overturn the ban on impact weapons? Historically, going back hundreds of years, batons, saps, and blackjacks were commonly used by people on both sides of the law and made their way into entertainment. Of course, American and English LE used these weapons with the English using them in lieu of firearms. So, the historical portion is there.

I just took a quick look at the opinion. The opinion is designated for publication. This is important because courts will sometimes designate opinions as not for publication or as not citable as precedent if the facts are such that they believe it would make bad precedent.

It also appears that the decision was made simply following the guidelines set forth in the Bruen decision. I will try to read the opinion in greater detail, but upon a quick glance I see nothing limiting the result, and it appears that the statute was found unconstitutional.

The opinion will definitely serve as precedent in future cases involving guns, knives, impact weapons, chemical irritants, stun guns, etc.

[Totem Polar]

Appreciate the input, as always, @BillSWPA

[rathos]

it is not illegal to own a OTF in Washington, it is only illegal to carry them for the every day person. Technically it is illegal for cops, firefighters and military to carry them off duty as well.

It would be kewl to be able to carry an OTF or fixed blade in Wa.

Although many stores around here sell them (autos) to civilians despite being clearly illegal in the RCW.

[Totem Polar]

it is not illegal to own a OTF in Washington, it is only illegal to carry them for the every day person...

I’m pretty sure it’s illegal to possess an OTF.

[Navin Johnson]

it is not illegal to own a OTF in Washington, it is only illegal to carry them for the every day person. Technically it is illegal for cops, firefighters and military to carry them off duty as well.

So what is your point? I can carry it around my house?

I know Spyderco will not return an auto sent to them for warranty or repair to a state that does not allow autos.

[Joe S]

Does WA have an exception for certain activities (like fishing)?

[blues]

Does WA have an exception for certain activities (like fishing)?

Now there's an oral argument I'd like to hear before the court.

Your honor, it is well known that an automatic knife is preferable to a fixed blade in every way when one is fishing...

[Navin Johnson]

Does WA have an exception for certain activities (like fishing)?

For a fixed blade yes

Also CC is allowed without a license when doing outdoor activities (hunting, fishing, camping etc.)

For years LGS's have been selling auto knives to anyone and saying "well you can own them" Also knife laws here are not strictly enforced as other places and if not flashing or doing crimes one is likely to not get pinched. I know people who carry autos (OTF's) all the time but.....they are contributing members of society.

In this state with a CCW one could carry as many guns and mags as you want (or open carry for that matter) but a 3" auto is illegal.

Like TSA no Leatherman mini with a 1.4" blade but I carry 2 6" (OAL) screwdrivers and a shears with a 4" or less blade in my carry on all the time

[Totem Polar]

Does WA have an exception for certain activities (like fishing)?

Just active duty LE, fire and MIL, while on duty—or sales/storage for the same.

ETA: referring to auto knives, per NJ, above.

In this state with a CCW one could carry as many guns and mags as you want (or open carry for that matter) but a 3" auto is illegal.

I find it amazing that I can roll with a concealed G17 and a backup, but just a clinch pick fully under a shirt is illegal, CCW or no.

I personally know a guy who got involved in a trail altercation, and had to defend himself with his pocket knife. He found himself in serious (and expensive) hot water because his pocket knife was an auto. In short: his knife choice provided probable for an assault charge that eventually got plead down, on an event that’s widely considered self-defense, otherwise. Yay Washington.

[Joe S]

Now there's an oral argument I'd like to hear before the court.

Your honor, it is well known that an automatic knife is preferable to a fixed blade in every way when one is fishing...

I figured the idea was you might need to cut a line while holding onto something else/a boat, etc. Quick access sheaths are newer than the law, at least in NY state.

I told my father once he was disabled and in a wheelchair that he could be carrying one legally. He was happy with the assisted openers I got him from Kershaw and the Emerson as a heavy duty backup.