Definiton of a "dangerous" knife

sbl212

sbl212

Joined
May 31, 2009
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What is the "legal" definition of a "dangerous knife" When you read some of the laws regarding knives often time it wont just say knife but says "dangerous" knife. Is there even a difference?
 
When you see it in legal print its pretty much up to the discretion the leo thats interpreting the law....so basically its hard to say unless you find yourself in that situation. try to stick to length laws and carry laws where you can. Thats all you can do.
 
The legal definition frequently is a matter of case law and that case law varies by state court.

Here is an example from New York, Matter of Jamie D., 59 NY2d 589 (1983).

Whether a "knife" is a "dangerous" knife may be determined on the basis of three alternative considerations: one, its own characteristics which show that it is primarily intended for use as a weapon; second, a modification, which converts what would otherwise be a utensil into a weapon; and third, the circumstances of the possession which may reveal that the possessor considers it a weapon and not a utilitarian tool.
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But that would mean, technically, anything larger then a steak knife, or sharper then a spoon would be illegal. I don't know how many people you guys have killed with forks, :D but I carry whatever I can get away with. which, In New york, isn't much.
 
i'm with Glistam, it boils down to case law. in my state, the big phrase is "anything other than a common pocket knife" well, wtf does that mean?!?! wouldn't "commonality" depend on where you live? if you live in a town where EVERYONE carries AO's, doesn't that make them a "common pocket knife"? i work in a town where the preacher keeps an AR15 in his truck, while giving his sermon. who's to say what's "common" in a place like that? i don't believe most judges are in a hurry to set precedent, so it boils down to what precedent has already been set (i.e. case law).
 
Case law or precedent is the kicker, that and the personal feelings or outlook of the paticular enforcement officer you are dealing with at that very moment. even in NY one officer might just give you a polite warning about your Spydie and another might cuff you and haul you off to jail. one DA might see the report and decide to let you go with a small fine and a stern lecture and the next decide to put you in front of the grand jury 10 times until he can find one to send you to trial. I want to mosey on down to Zigs swamp..if I'm gonna have a preacher I want one that carries a bible in one hand and an AR-15 in the other!! :)
 
glistam is correct on case law ruling in court most of the time. In the field, you never know. I am retired from law enforcement and run shopping malls in NY NJ PA now, and in NY I have about 50 off duty NYPD Officers working in my malls and many who are assigned there as a NYPD post. Believe me they ALL know I like knives! That said there are numerous opinions as to what they were taught if a dangerous knife, gravity knife, AO or switchblade. Several feel a dangerous knife needs intent to use it as a weapon to be involved, but many also say one that has a weapon like look to it is a dangerous knife. Very unclear for sure !!! A few years back I bought a dozen of the cheap $5 AOs, just to give one once in awhile to one of these guys as a means of educateing them by example the difference of a AO and a real switchblade, and to have one to show others the same thing. Did it work? I don't know for sure but they all know there is a difference now and only one knew it before....
 
Lawmakers are extremely short-sighted....since just about *anything*, from a Bic pen to a butterknife to chopsticks can be employed as a field-expedient weapon (by a knowledgeable person), passing or attempting to enforce another meaningless "feelgood law" won`t change a thing....you can`t legislate all danger out of life....
 
I, like most others in this forum have probably never seen a dangerous knife. Any knife just sitting on a table is just an object.

Now I have seen many dangerous people carrying knifes. The trick there is to be able to trump there danger. On the farm one day I had 5 strangers pull knives on me. The trick was I expected it and trumped with a 44-40. They left quickly since the chance of them getting hurt if they did not just went to 100%. The only thing they could understand. They guy they stole the car from they were in was not as lucky, just dead.

It took me about 10 seconds during that and a couple other incidents to change most of my outlook on taking care of myself. The nearest law was 60 minutes away when I called them to see if they could let the border patrol know what the license was.

Again the knives I had no fear of them, they can sit on the table in the house everyday and I will walk by them, sit next to them, etc, they will never hurt me. The knives have never jumped off the table and come screaming at me in a dangerous manner.

So as for a few people. That is another story.
 
Actually an 1892 Winchester complete with octagon barrel. It rode on my saddle and in the pick up for more years than I care to remember before I final decided to retire it.

Nice in the woods and holds about 15 rounds so a good choice for a tight situation. At that time I occasionally carried a pistol. It was usually an 1862 Colt. Really old time. It was fun to take to cannon shoots with my college room mate. We did not play soldiers but with a few friends a bunch of acting drunk pirates.
 
Not knowing your location, Arizona uses these definitions

12. "Dangerous instrument" means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.

15. "Deadly weapon" means anything designed for lethal use, including a firearm.
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sbl212 said:
What is the "legal" definition of a "dangerous knife" When you read some of the laws regarding knives often time it wont just say knife but says "dangerous" knife. Is there even a difference?
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No, there isn´t any physical difference between a knife and a "dangerous" knife.

What makes a knife "dangerous" is the use, intended use and, ultimately, the perception of others. In other words, there are no guidelines that anybody can give you on this issue.

15. "Deadly weapon" means anything designed for lethal use, including a firearm.
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Very interesting here. Say two people design a knife. One wants to make a good folding pruning knife for gardeners, the other wants to make a deadly self-defence tool. They both arrive at the same design: the karambit. Despite being identical, would one be considered a deadly weapon and the other not?

Common sense and laws, the old story. Unfortunately, there´s so many laws that even the government has lost count and very little common sense.
 
Arkeld said:
Very interesting here. Say two people design a knife. One wants to make a good folding pruning knife for gardeners, the other wants to make a deadly self-defence tool. They both arrive at the same design: the karambit. Despite being identical, would one be considered a deadly weapon and the other not?

Common sense and laws, the old story. Unfortunately, there´s so many laws that even the government has lost count and very little common sense.
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That (on its own) doesn't make it illegal though.
In AZ, as long as it's holster/sheath is open/partial carry or you have your CCL :thumbup:
 
The cop decides what a dangerous knife is just swallow it if you're about to get caught with it. Oh, and just don't be a stupid moron with it; cops are not going to, nor are they allowed to, randomly search someone for no reason.
 
Most of the time, if you do not act like a dangerous person, you do not have a device that will be used for purposes that will endanger others. But then that is too much common sense for most government types.
 
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