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Can anyone in america ever be baned from carrying a pocket knife
- Thread starter Dr sharp
- Start date
- Joined
- Jul 10, 2001
- Messages
- 340
Dr sharp said:
Just off the top of my head I would imagine it could be made a condition of one's parole or probation. If you are a felon possession of any firearm is a federal offense in addition to any local law. I've never heard of any similar state law regarding pocket knives, but then again I've never had any reason to look.
Best regards,
Argyll
- Joined
- Mar 7, 2000
- Messages
- 171
I've seen prohibitions on ordering knives from catalogues if you were a ex-con, but really how would they know? Certainly Wally World (Wal-mart) isn't going to run a background check and make you wait three days to buy a Swiss Army knife. I'd think that a restriction against having a knife could be a condition of P/P, but again, Is Walmart gonna card you for buying steak knives?
Matt in Texas
Matt in Texas
Do you think the government could successfully ban ownership of knives by criminals?
Do you think that someone who has been convicted of something (let's say assault, or attempted murder, or armed robbery) would actually decide to follow a law that said they couldn't own a knife? Presumably, there was already a law in place making whatever crime they committed illegal.
Do you think that we SHOULD have legislation in place to keep folks from owning knives?
I'm imagining an ex con turned good. He decides to be a chef, or a butcher, or a cowboy, or a fisherman, or a, telecom worker, or a (insert any of a thousand occupations in this space). How will they do their jobs?
Are they allowed to purchase a butcher knife at K-Mart? Can they own steak knives?
Do you think that someone who has been convicted of something (let's say assault, or attempted murder, or armed robbery) would actually decide to follow a law that said they couldn't own a knife? Presumably, there was already a law in place making whatever crime they committed illegal.
Do you think that we SHOULD have legislation in place to keep folks from owning knives?
I'm imagining an ex con turned good. He decides to be a chef, or a butcher, or a cowboy, or a fisherman, or a, telecom worker, or a (insert any of a thousand occupations in this space). How will they do their jobs?
Are they allowed to purchase a butcher knife at K-Mart? Can they own steak knives?
- Joined
- Jul 15, 2004
- Messages
- 1
Oregon[/U]
SECTION 16. ORS 166.270 is amended to read:
166.270. (1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person's possession or under the person's custody or control any firearm, commits the crime of felon in possession of a firearm.
(2) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person's possession or under the person's custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force [ and commonly known as a switchblade knife, ] or any [ instrument or weapon commonly known as a ] blackjack, slungshot, sandclub, sandbag, sap glove or metal knuckles, or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.
SECTION 16. ORS 166.270 is amended to read:
166.270. (1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person's possession or under the person's custody or control any firearm, commits the crime of felon in possession of a firearm.
(2) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person's possession or under the person's custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force [ and commonly known as a switchblade knife, ] or any [ instrument or weapon commonly known as a ] blackjack, slungshot, sandclub, sandbag, sap glove or metal knuckles, or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.
- Joined
- Nov 17, 2003
- Messages
- 13,507
Dr sharp said:
a little off topic, but i have seen guys selling some fixed blades (not here) because they exceeded a 10" or something rule involving their parole/probation.. it was illegal for them to possess it, even in their house
- Joined
- Mar 7, 2003
- Messages
- 9
Gentlemen,
I am a federal L.E.O. with 34+ years experience, both street and office work.
The only prohibitions I know about felons in possession of knives are twofold:
1. Under a specific state or local law,
2. As a condition of parole or probation.
For example: I stopped a drunken man on federal property one night. He was loitering and urinating on the local foilage when I approached him. During our contact I did a patdown and found a Buck 110 in his rear pocket.
Since he was in no condition to be released, I checked him through NCIC and FDLE.
He had been recently released from a state prison and was on parole. I contacted his parole officer and explained the situation. The parole officer immediately drove over to take custody of my prisoner for violation of his parole. The parole agreement explicitly excluded any type of weapon in the parolee's possession.
At the parole hearing, which I had to attend, the man got a total of 12 additional years in prison; four of which were for the knife. Apparently Florida gets quite serious about felons in possession!
God bless one and all,
Len Mattsen
I am a federal L.E.O. with 34+ years experience, both street and office work.
The only prohibitions I know about felons in possession of knives are twofold:
1. Under a specific state or local law,
2. As a condition of parole or probation.
For example: I stopped a drunken man on federal property one night. He was loitering and urinating on the local foilage when I approached him. During our contact I did a patdown and found a Buck 110 in his rear pocket.
Since he was in no condition to be released, I checked him through NCIC and FDLE.
He had been recently released from a state prison and was on parole. I contacted his parole officer and explained the situation. The parole officer immediately drove over to take custody of my prisoner for violation of his parole. The parole agreement explicitly excluded any type of weapon in the parolee's possession.
At the parole hearing, which I had to attend, the man got a total of 12 additional years in prison; four of which were for the knife. Apparently Florida gets quite serious about felons in possession!
God bless one and all,
Len Mattsen
- Joined
- Apr 6, 2003
- Messages
- 1,913
Len,
Is the buck 110 considered a weapon in Florida in and of itself?
I think he may have needed a better atty: myself on that charge of carrying a weapon [ a buck 110 ? ].
Not that I disagree with the courts findings, just seems a little strange that a buck 110 carried in public is considered carrying a weapon.
Edited after I found the statute:
790.001. Definitions.
(3)(a) "Concealed weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.
(13) "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife.
If you look closely, the last 7 words says it all under [13] about the 110 folder--"except a firearm or a common pocketknife."
I think the state may have erred on his extra four years.
Robin Brown
Is the buck 110 considered a weapon in Florida in and of itself?
I think he may have needed a better atty: myself on that charge of carrying a weapon [ a buck 110 ? ].
Not that I disagree with the courts findings, just seems a little strange that a buck 110 carried in public is considered carrying a weapon.
Edited after I found the statute:
790.001. Definitions.
(3)(a) "Concealed weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.
(13) "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife.
If you look closely, the last 7 words says it all under [13] about the 110 folder--"except a firearm or a common pocketknife."
I think the state may have erred on his extra four years.
Robin Brown
- Joined
- Mar 7, 2003
- Messages
- 9
Sir,
Let me thank you for responding to my post with courtesy and respect, I appreciate that. You also took the time to do some legal research. The codified (written) law acts as a guide to judges as does the common law, (similar cases that have been tried). Further clarification appears to be in order and you deserve a full reply.
In Florida violent felons are usually prohibited from carrying ANY knife concealed on or about their person. Common law states that anything that is used as a weapon is considered a weapon. Strange?
Consider a wooden lead pencil; is it commonly in the posession of people in public places? Yes. Is it a weapon? No, not ordinarily. But, take that pencil and use it to attack another person by sticking it in his eyes to blind and disable him. Will the courts now consider a common wooden pencil a weapon? You betcha!
This man was a three strikes, violent offender. His last offense involved a knife. How he was ever released on parole I'll never know! One of the conditions of his release from prison was the specific exclusion of carrying any knife or other "weapon".
He had four misdemeanor charges against him at the federal level, that alone violated the conditions of his parole.
1. trespass,
2. possession of a knife with a blade length greater than three inches,
3. possession of intoxicating liquors, and intoxication on federal property,
4. resisting arrest without violence against an officer. He was too drunk to get in a really good sucker punch, but he tried!
He had four charges against him at the state level to include:
1. failure to meet with his parole officer as required,
2. failure to provide his residential address,
3. failure to be gainfully employed,
4. failure to refrain from drugs/alcohol,
5. and repeated violations of the law.
He already had warrants out on him when I first saw him. Ordinarily I would have patted him down, confiscated the knife, and kicked him loose. However, in his severely intoxicated state I could not legally release him.
Since we have no "drunk tank, I asked the city police to pick him up. In order to complete my report of the situation I had to check NCIS-NCIC and FDLE. The return HIT, (warrants/wanted person etc.) changed everything!
"And that's the rest of the story, goodnight." Paul Harvey, Radio personality.
Best wishes,
Len
Let me thank you for responding to my post with courtesy and respect, I appreciate that. You also took the time to do some legal research. The codified (written) law acts as a guide to judges as does the common law, (similar cases that have been tried). Further clarification appears to be in order and you deserve a full reply.
In Florida violent felons are usually prohibited from carrying ANY knife concealed on or about their person. Common law states that anything that is used as a weapon is considered a weapon. Strange?
Consider a wooden lead pencil; is it commonly in the posession of people in public places? Yes. Is it a weapon? No, not ordinarily. But, take that pencil and use it to attack another person by sticking it in his eyes to blind and disable him. Will the courts now consider a common wooden pencil a weapon? You betcha!
This man was a three strikes, violent offender. His last offense involved a knife. How he was ever released on parole I'll never know! One of the conditions of his release from prison was the specific exclusion of carrying any knife or other "weapon".
He had four misdemeanor charges against him at the federal level, that alone violated the conditions of his parole.
1. trespass,
2. possession of a knife with a blade length greater than three inches,
3. possession of intoxicating liquors, and intoxication on federal property,
4. resisting arrest without violence against an officer. He was too drunk to get in a really good sucker punch, but he tried!
He had four charges against him at the state level to include:
1. failure to meet with his parole officer as required,
2. failure to provide his residential address,
3. failure to be gainfully employed,
4. failure to refrain from drugs/alcohol,
5. and repeated violations of the law.
He already had warrants out on him when I first saw him. Ordinarily I would have patted him down, confiscated the knife, and kicked him loose. However, in his severely intoxicated state I could not legally release him.
Since we have no "drunk tank, I asked the city police to pick him up. In order to complete my report of the situation I had to check NCIS-NCIC and FDLE. The return HIT, (warrants/wanted person etc.) changed everything!
"And that's the rest of the story, goodnight." Paul Harvey, Radio personality.
Best wishes,
Len