AKTI Monitoring Knife Laws - Part 2

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The AKTI Knife Law "Journey" continues ...

Minnesota - H3578 (2/20/02).
Relates to firearms and supplying firearms to minors. Outlaws anyone who "manufactures, transfers, or possesses metal knuckles or a switch blade knife opening automatically;…" This is a very ambiguous standard used to define a switchblade. Compare it to the standard definition cited in Kansas - H2669 (above).
Where does that leave our traveler with a one-hander (of any blade length) that opens with an "outward, downward or centrifugal thrust or movement?" Some police officers and prosecutors have argued that once the blade of a knife starts to open, the remainder of the motion necessary to carry it to the fully opened position occurred "automatically."

Illinois - H5881 (2/8/02).
Amends the Criminal Code of 1961. Creates penalties for anyone who … "Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character."
It is not clear from this what characteristics make a knife "dangerous." Traveler beware!

Kentucky - H811 (2/28/02).
Assesses penalties for people who commit acts of agroterrorism. Makes it illegal to carry … "Any knife other than an ordinary pocket knife or hunting knife." Comment: If we reverse the logic of this law, does it mean anyone who carries a knife that is not "ordinary" could be profiled as a potential "agroterrorist?"

Alabama - S538 (3/19/02).
Exempts persons less than 18 from death penalty. References capital crimes committed by people … "Possessing a pistol or Bowie knife or other knife of like kind or descriptions,…" Also refers to the Code of Alabama 1975.

Georgia - H1060 (1/17/02).
Enacts the Transportation Safety Act of 2002. While this bill is directed primarily at airports, it is clearly intended to apply to any "public gathering." It states, in part, "… a person is guilty of a misdemeanor when he or she carries to or while at a public gathering, possesses, or has under his or her control any explosive compound, destructive device, or hoax device as defined in Code Section 16-7-80; firearm, or knife; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense or defense.
Comment: How many people have to be congregated for it to be a "public gathering?" If you go to a restaurant or the grocery store, are you at a public gathering?
S-330 (1/15/02). This is essentially the Senate version of the above House bill. It applies to airports and landing strips and also "provides that it shall be unlawful to carry certain items to a public gathering." Contains the same language referred to in H1050 (above). But there is the following very explicit language elevating the same "crime" to a felony. "Any person who boards or attempts to board an aircraft, bus, or rail vehicle with … [firearms, destructive devices, hazardous materials] … or knife or other device designed or modified for the purpose of offense and defense concealed on or about his or her person or property which is or could be accessible to such person while on the aircraft, bus or rail vehicle shall be guilty of a felony." If our traveler was convicted under this proposed law, he would do 1-10 years in prison.
Comment: The bill also has additional language about declaring knives in checked baggage that appears to go beyond what the FAA requires when traveling by air. My contact at the FAA says you do not currently have to declare knives in checked baggage and he even privately wonders whether it is smart to let baggage handlers know a suitcase has knives in them. But the sponsor of S330 clearly wants new and different rules to apply. The above prohibitions do not apply to checked baggage "… which is not accessible to passengers if the presence of such weapons has been declared to the transportation company and such weapons have been secured in a manner prescribed by state or federal law or regulation for the purpose of transportation or shipment."
What if our traveler decided to leave his car in Lexington, Kentucky, and for a little change-of-pace, take a short weekend flight to Atlanta for the Blade Show? What would happen to him if he forgot to pack his knife in his suitcase and accidentally walked up to airport security check-in? Would he simply have his knife confiscated or would he be arrested as a potential felon? What if he didn't realize Georgia now wants knives in checked baggage declared?

Florida - S1724 (2/5/02).
Would transfer jurisdiction to issue concealed-carry permits to the Department of Agriculture. "For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun…."
H1681 (2/12/02). This is the House version of the Senate bill. As of March 22, the two versions had been compared and some language differences resolved.
Comment: Our traveler will need to find out whether any and all knives must now be licensed. A Florida lobbyist currently working for AKTI does not believe enforcement of this law (if passed) will create problems for most knife owners. But when over-broad language is used in any law, then over-broad discretion by law enforcement personnel becomes a greater possibility.


Virginia - H223 (1/9/02).
Exempts law-enforcement officer from paying for concealed handgun permit. Here is knife-related phrasing: "If any person carries about his person, hidden from common observation, … (ii) any dirk, bowie knife, switchblade knife, ballistic knife, razor, … (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor." Further in the bill we have this wording: "For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature." Signed by Governor on April 6.
Comment: If our traveler wore a small two-bladed knife clipped inside his pant's pocket, would it be "deceptive" because we can only see the folded blade on one end of the knife but not the blade on the other end?

West Virginia - S4 (1/9/02).
Defines dangerous students. Prohibits students from carrying certain kinds of knives ... "intended to be used or readily adaptable to be used as a weapon, consisting of a sharp-edged or sharp-pointed blade, usually made of steel, attached to a handle which is capable of inflicting cutting, stabbing or tearing wounds. The term 'knife' shall include, but not be limited to, any dagger, dirk, poniard or stiletto, with a blade over three and one-half inches in length, any switchblade knife or gravity knife and any other instrument capable of inflicting cutting, stabbing or tearing wounds." The remainder of this section (3) then proceeds to define acceptable knives. "A pocket knife with a blade three and one-half inches or less in length, a hunting or fishing knife carried for hunting, fishing, sports or other recreational uses, or a knife designed for use as a tool or household implement shall not be included within the term 'knife' as defined herein unless such knife is knowingly used or intended to be used to produce serious bodily injury or death." Signed by Governor on April 2.
H3142 (1/9/02). Relates to mobile home parks. Indicates the intent … "To arrest, convict and punish any individual for carrying about his or her person any revolver or other pistol, dirk, bowie knife, razor, slingshot, billy, metallic or other false knuckles or any other dangerous or deadly weapon of like kind or character;..." Comment: Signed by the Governor on 2/19/02.

New Jersey - S878 (2/11/02).
Revises New Jersey's firearm statutes to conform with federal Brady Law. Establishes some exemptions for persons carrying a firearm "or knife in the woods or fields or upon the waters of this State for the purpose of hunting, target practice or fishing, provided that the firearm or knife is legal and appropriate for hunting or fishing purposes in this State and he has in his possession a valid hunting license, or, with respect to fresh water fishing, a valid fishing license;…"
Comment: This bill makes some exceptions also for "transporting any firearm or knife while traveling" but our cross-country traveler better be careful. The sponsor of this bill clearly does not want any knife being carried in urban areas. Furthermore, "appropriate" (like "beauty") could very well be in the eyes of the beholder.
A1850 (2/21/02). Concerns ID cards for retired police officers who carry handguns. Uses the same "hunting and fishing" language as found in S878 (above).
S890 (2/11/02). Imposes restrictions on future retail sales of handguns. This bill would use the following definition of "weapon" as "anything readily capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to, all … (3) gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives,…" Comment: What is "dangerous?" Who decides?

Connecticut - H5524 (2/25/02).
Prohibits "edged weapons" on school grounds or at school-sponsored activities. "Edged weapon" means "any knife, razor or cutting instrument, the edged portion of the blade of which is under four inches in length."
Comment: This is obviously the "zero-tolerance" policy. What is unique is the measurement of the cutting edge as opposed to the entire blade. Again we have ambiguity in the language. Does this mean a cutting edge of more than four inches is a permitted category of item? If the intention is to restrict all products with a cutting edge, why not simply declare "all edged weapons" banned?
H5738 (3/12/02). Concerns court operations and protective orders. Defines "weapon" as "any air rifle, BB. gun, blackjack, metal knuckles, gravity knife, dirk knife, knife having an automatic spring release device by which a blade of over one and one-half inches in length is released from the handle, stiletto, any knife the edged portion of the blade of which is four inches or over in length, martial arts weapon or electronic defense weapon,…"

Maine is not currently considering new knife legislation, but we learned of a February 2002 occurrence where a Wal-Mart store temporarily pulled several models of popular knives from their store shelves because of a concern they might be in violation of the Maine Criminal Code, Chapter 43:1055. "Trafficking in dangerous weapons." The Wal-Mart concern was that some of these knives might be declared illegal under the opens "by an outward, downward or centrifugal thrust or movement" language in the code. After responses by various manufacturers, the knives in question were put back on the shelf.
Whether you are traveler in the United States or a resident of a particular state, we ask you to stay alert to pending knife legislation. Notify AKTI if you believe a prospective law will penalize or "criminalize" knife owners who carry knives for legitimate recreational, home or work purposes. AKTI monitors and responds to state laws and regulations but we currently have no way of monitoring proposed laws in large cities except by alerts from AKTI members.
(Updated 4/18/02)

David Kowalski
AKTI Communications Coordinator
 
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