Oregon Knife Laws
- Thread starter dougo83
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I live in So. Oregon, and I have been told various things by LEO friends. Most say that double edged knives are illegal, but there aren't much for size limitations. I carry a Lg. Seb and a Busse BAD/GW daily and havent drawn any attention.
There's really just a restriction on double-edged, switchblades, balisongs and potentially Assisted Openers, based on the following statute:
Source: http://pweb.netcom.com/~brlevine/or.txt
Source: http://pweb.netcom.com/~brlevine/or.txt
skimmerhorn
BANNED
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you can go to benchmade in oregon city, which is just outside of portland and buy autos all day. i was there in november. you can buy autos anywhere in oregon that sell's them. it's not against the law to carry autos (in OR) according to the lady at the bm shop. regardless, if you are in portland it's worth the trip to check out EVERY knife they sell. you can play with them all!!
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Yeah, a relatively liberal state that's knife/gun friendly.......I love it here.
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Yeah, a relatively liberal state that's knife/gun friendly.......I love it here.
I hear it's some nice country...never been...going for a field biology class taught as a joint deal between Concordia U. Austin where I am enrolled and Con-U Portland...
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I was born and raised right outside of Portland in a town called Lake Oswego, and now live in Klamath Falls, which is in So. Oregon. It is nice down here as far as the climate goes, its high desert here. I lamented the rain as I grew up, so Portland wasnt exactly the greatest as far as that is concerned.
Enjoy your stay in Portland, get out and hike some of the gorgeous terrain that is by Mt. Hood, go to the Columbia River gorge for some awesome waterfall touring/hiking, or just take advantage of the fact that Portland has more breweries than any other city in the US.......mmmm beer.
On an interesting side note, I had an LEO buddy tell me that, "Yes, that knife is illegal, but if you want to carry a weapon, you could always carry your sword (Cheness Katana) if you wanted...."
Enjoy your stay in Portland, get out and hike some of the gorgeous terrain that is by Mt. Hood, go to the Columbia River gorge for some awesome waterfall touring/hiking, or just take advantage of the fact that Portland has more breweries than any other city in the US.......mmmm beer.
On an interesting side note, I had an LEO buddy tell me that, "Yes, that knife is illegal, but if you want to carry a weapon, you could always carry your sword (Cheness Katana) if you wanted...."
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Let me know when you head to Crater Lake! I live in the closest large town near there, and if you all are overnighting it, I bet you'd have to stay in Klamath.
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The Oregon constitution says:
" Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]"
You hear that? So none of this "well regulated militia" confusion. None of this "that's not a weapon officer, I carry that as a tool" nonsense. This is the land of "I carry that blade in case I need to cut some lowlife mugger wide open, officer". You're allowed to carry weapons to defend yourself.
Only real limitations for knives are that you can't carry autos or any dirk, dagger, ice pick, slungshot, metal knuckles, etc. concealed. You also can't carry those items or "a knife other than an ordinary pocket knife" in a court or public building.
" Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]"
You hear that? So none of this "well regulated militia" confusion. None of this "that's not a weapon officer, I carry that as a tool" nonsense. This is the land of "I carry that blade in case I need to cut some lowlife mugger wide open, officer". You're allowed to carry weapons to defend yourself.
Only real limitations for knives are that you can't carry autos or any dirk, dagger, ice pick, slungshot, metal knuckles, etc. concealed. You also can't carry those items or "a knife other than an ordinary pocket knife" in a court or public building.
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The statute prohibts the carry of switchblades, balisongs, and dirks/dagger blades, CONCEALED. The courts have ruled that as long as the pocket clip or sheath is visible, the knife is not concealed.
For standard folders and fixed blades, there is no blade length limit or other restriction.
If you will be here May 15, 16, 17, there is a huge gun and knife show at the Portland Expo Center. You can handle and buy just about any type of knife you want. Same with the guns, but the seller would have to ship it to a FFL in your home state for transfer to you.
For standard folders and fixed blades, there is no blade length limit or other restriction.
If you will be here May 15, 16, 17, there is a huge gun and knife show at the Portland Expo Center. You can handle and buy just about any type of knife you want. Same with the guns, but the seller would have to ship it to a FFL in your home state for transfer to you.
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Yeah, a relatively liberal state that's knife/gun friendly.......I love it here.
lol, I bet i would too!
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I used to hike around opal creek every summer - nice, clean water - but still about 33 degrees on a 90+ degree day - a brisk swim.
As for knife laws, I always carried something in the 4-inch blade range.
How's this for Ironic? I got interested in spyderco's a few months AFTER driving through colorado, and am looking fondly at benchmade's a few months AFTER moving from 3 miles from BM HQ.
DC
As for knife laws, I always carried something in the 4-inch blade range.
How's this for Ironic? I got interested in spyderco's a few months AFTER driving through colorado, and am looking fondly at benchmade's a few months AFTER moving from 3 miles from BM HQ.
DC
Well now, a certain word in that laws makes me wonder...
It says "concealed", so, if it is not concealed is it legal?
I am going to Oregon in a couple of weeks, so I am checking up on the laws.
Wow I wrote that a long time ago. But yes, the statute only makes concealed a crime. Open carry is completely legal unless the item is carried with intent to commit a crime or if there is a local city or county ordinance prohibiting open carry of a knife. Here's a better, more offical link to the law: http://www.leg.state.or.us/ors/166.html
Say, isn't Benchmade based out there? Can't be that bad.
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Open carry may be legal in Oregon but if you try walking around Portland with something oversize hanging off your belt you will be having a chat with the guys in blue.
Carry something reasonable for urban utility use in Portland and you will OK. Out in the woods, anything goes.
Carry something reasonable for urban utility use in Portland and you will OK. Out in the woods, anything goes.
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Ok, so here are the laws for the state of Oregon on knives. Although I took law, I am not a lawyer, so read up on them yourselves, however, these are the only laws in the state of oregon on the carrying of knives.
Section; § 166.240¹
Carrying of concealed weapons
(1)Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor.
(2)Nothing in subsection (1) of this section applies to any peace officer as defined in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450), whose duty it is to serve process or make arrests. Justice courts have concurrent jurisdiction to try any person charged with violating any of the provisions of subsection (1) of this section. [Amended by 1977 c.454 §1; 1985 c.543 §2; 1989 c.839 §21; 1999 c.1040 §15
ORS 166.360 amended to read : Section (5) "Weapon" means: (b) Any Dirk, Dagger, Ice Pick, Slingshot, metal knuckles, or any similar instrument or a knife other than an ordinary pocket knife, the use of which could inflict injury upon a person or property; (f) A club, Bat, Baton, Bludgeon, Knockerrie, Nunchuka, Nightstick, Truncheon, or any similar instrument, the use of which could inflict injury upon a person or property; or (g) A dangerous or deadly weapon as those terms are defined in ORS 161.015.
Case Laws (these are the bread and butter folks)
Notes of Decisions
This sec¬tion is not unconstitu¬tionally vague as construed, and prohibits the concealed carrying of nunchaku sticks. State v. Tucker, 28 Or App 29, 558 P2d 1244 (1977), Sup Ct review denied
Sportmans knife with three and one-half inch blade which folded manually into handle but locked when fully open was ordinary pocketknife under any construc¬tion of this sec¬tion. State v. Pruett, 37 Or App 183, 586 P2d 800 (1978)
Word, ordinary in this sec¬tion modifying word, pocketknife was unconstitu¬tionally vague, so statute was construed to prohibit carrying of any knife other than a pocketknife; modifying City of Portland v. Elston, 39 Or App 125, 591 P2d 406 (1979). State v. Harris 40 Or App 317, 594 P2d 1318 (1979)
Pocketknife, within meaning of this sec¬tion, included a folding blade 4 and 3/4 inches in length. State v. Strong, 41 Or App 665, 598 P2d 1254 (1979)
Weapon (knife) concealed in vehicle, rather than on defendants per¬son was not concealed about his per¬son within meaning of this sec¬tion. State v. Crumal, 54 Or App 41, 633 P2d 1313 (1981)
Because switchblade is type of pocketknife and it is not illegal under this sec¬tion to carry concealed pocketknife, it cannot be illegal to carry concealed switchblade. State v. Ramer, 65 Or App 480, 671 P2d 723 (1983)
Where defendant was indicted and convicted for carrying concealed about his per¬son a six inch Survival Knife, not an ordinary pocketknife, this sec¬tion, as applied to facts, was not unconstitu¬tionally vague and overbroad. State v. Witherbee, 79 Or App 36, 717 P2d 661 (1986)
In order to save this sec¬tion from constitu¬tional vagueness challenge, it must be construed to require that concealed weapon be similar to one of objects enumerated in sec¬tion and designed or intended for use as weapon. State v. Boswell, 88 Or App 344, 745 P2d 436 (1987)
Knife carried openly in sheath on belt is not concealed. State v. Johnson, 96 Or App 166, 772 P2d 426 (1989)
Statute regulating only manner of pos¬ses¬sion not constitu¬tional right to possess switchblade knife being reasonably related to public safety, does not violate Article I, sec¬tion 27 of Oregon Constitu¬tion. State v. Smoot, 97 Or App 255, 775 P2d 344 (1989)
This sec¬tion was amended in 1985 to exclude reference to carrying a concealed knife in absence of any intended unlawful use against per¬son. City of Portland v. Lodi, 308 Or 468, 782 P2d 415 (1989)
Defendant did not violate this sec¬tion in carrying switchblade knife while handcuffed and removed from home by of¬fi¬cers executing arrest warrant. State v. Stevens, 113 Or App 429, 833 P2d 318 (1992)
Knife is dirk or dagger or similar instru¬ment only if designed specifically for stabbing. State v. McJunkins, 171 Or App 575, 15 P3d 1010 (2000)
Weapon is concealed if not readily identifiable as weapon or if per¬son at¬tempts to obscure fact per¬son is carrying weapon. State v. Turner, 221 Or App 621, 191 P3d 697 (2008)
Instru¬ment means any item designed and intended to inflict injury on per¬son or prop¬erty of an¬oth¬er. State v. Ruff, 229 Or App 98, 211 P3d 277 (2009), Sup Ct review denied
Chapter 166
Law Review Cita¬tions
51 OLR 427-637 (1972); 69 OLR 169 (1990)
Section; § 166.240¹
Carrying of concealed weapons
(1)Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor.
(2)Nothing in subsection (1) of this section applies to any peace officer as defined in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450), whose duty it is to serve process or make arrests. Justice courts have concurrent jurisdiction to try any person charged with violating any of the provisions of subsection (1) of this section. [Amended by 1977 c.454 §1; 1985 c.543 §2; 1989 c.839 §21; 1999 c.1040 §15
ORS 166.360 amended to read : Section (5) "Weapon" means: (b) Any Dirk, Dagger, Ice Pick, Slingshot, metal knuckles, or any similar instrument or a knife other than an ordinary pocket knife, the use of which could inflict injury upon a person or property; (f) A club, Bat, Baton, Bludgeon, Knockerrie, Nunchuka, Nightstick, Truncheon, or any similar instrument, the use of which could inflict injury upon a person or property; or (g) A dangerous or deadly weapon as those terms are defined in ORS 161.015.
Case Laws (these are the bread and butter folks)
Notes of Decisions
This sec¬tion is not unconstitu¬tionally vague as construed, and prohibits the concealed carrying of nunchaku sticks. State v. Tucker, 28 Or App 29, 558 P2d 1244 (1977), Sup Ct review denied
Sportmans knife with three and one-half inch blade which folded manually into handle but locked when fully open was ordinary pocketknife under any construc¬tion of this sec¬tion. State v. Pruett, 37 Or App 183, 586 P2d 800 (1978)
Word, ordinary in this sec¬tion modifying word, pocketknife was unconstitu¬tionally vague, so statute was construed to prohibit carrying of any knife other than a pocketknife; modifying City of Portland v. Elston, 39 Or App 125, 591 P2d 406 (1979). State v. Harris 40 Or App 317, 594 P2d 1318 (1979)
Pocketknife, within meaning of this sec¬tion, included a folding blade 4 and 3/4 inches in length. State v. Strong, 41 Or App 665, 598 P2d 1254 (1979)
Weapon (knife) concealed in vehicle, rather than on defendants per¬son was not concealed about his per¬son within meaning of this sec¬tion. State v. Crumal, 54 Or App 41, 633 P2d 1313 (1981)
Because switchblade is type of pocketknife and it is not illegal under this sec¬tion to carry concealed pocketknife, it cannot be illegal to carry concealed switchblade. State v. Ramer, 65 Or App 480, 671 P2d 723 (1983)
Where defendant was indicted and convicted for carrying concealed about his per¬son a six inch Survival Knife, not an ordinary pocketknife, this sec¬tion, as applied to facts, was not unconstitu¬tionally vague and overbroad. State v. Witherbee, 79 Or App 36, 717 P2d 661 (1986)
In order to save this sec¬tion from constitu¬tional vagueness challenge, it must be construed to require that concealed weapon be similar to one of objects enumerated in sec¬tion and designed or intended for use as weapon. State v. Boswell, 88 Or App 344, 745 P2d 436 (1987)
Knife carried openly in sheath on belt is not concealed. State v. Johnson, 96 Or App 166, 772 P2d 426 (1989)
Statute regulating only manner of pos¬ses¬sion not constitu¬tional right to possess switchblade knife being reasonably related to public safety, does not violate Article I, sec¬tion 27 of Oregon Constitu¬tion. State v. Smoot, 97 Or App 255, 775 P2d 344 (1989)
This sec¬tion was amended in 1985 to exclude reference to carrying a concealed knife in absence of any intended unlawful use against per¬son. City of Portland v. Lodi, 308 Or 468, 782 P2d 415 (1989)
Defendant did not violate this sec¬tion in carrying switchblade knife while handcuffed and removed from home by of¬fi¬cers executing arrest warrant. State v. Stevens, 113 Or App 429, 833 P2d 318 (1992)
Knife is dirk or dagger or similar instru¬ment only if designed specifically for stabbing. State v. McJunkins, 171 Or App 575, 15 P3d 1010 (2000)
Weapon is concealed if not readily identifiable as weapon or if per¬son at¬tempts to obscure fact per¬son is carrying weapon. State v. Turner, 221 Or App 621, 191 P3d 697 (2008)
Instru¬ment means any item designed and intended to inflict injury on per¬son or prop¬erty of an¬oth¬er. State v. Ruff, 229 Or App 98, 211 P3d 277 (2009), Sup Ct review denied
Chapter 166
Law Review Cita¬tions
51 OLR 427-637 (1972); 69 OLR 169 (1990)