Legal Definition of Knife Length?

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VorpelSword

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When a statute or ordinance says something like, " . . .no longer than 4 inches . . ." or something similar, what exactly does that mean in court?

Does it mean only the length of the blade from the front of the grip to the tip?

Does it mean the length overall from tip to pommel?

What is the legal in court meaning?
 
The specific wording of the statute matters.

Here in my state of California the penal code statutes are very specific, and always specifically refer to the "blade". For example- "Any knife with a blade in excess of four inches", and "a blade two or more inches in length".

If a statute doesn't specifically refer to the length of the blade, and says something like "a knife no longer than 4 inches" to use your example, then one should assume it means the entire length of the knife (blade, handle, pommel) combined, unless there is case law in that state that more narrowly defines the language of the statute.

Is there a specific statute that you are referring too? I see your location mentioned as Texas. I don't know Texas knife laws, but someone else here might.
 
Id go by the manufacture's description First.

Never buy a knife, grind it shorter to sneak into your legal size ... Lawyers will not be friendly in court
 
In MOST states, the definition, either in writing or via court cases, has been set as being the length of the blade as measured in a straight line from the tip of the blade to the front of the guard, or in those cases where a guard is not present, to where the guard would be if a guard was present, e.g., a folder would be measured to the front of the forward bolster.

The only exception I know of is Connecticut where its statutes specify along measuring along the cutting edge.

Excerpted from their Sec. 53-206. Carrying of dangerous weapons prohibited -
Sec. 53-206-b-(3) .....(3) the carrying of a knife, the edged portion of the blade of which is four inches or more in length,.....

This means that the ricasso section of the blade, which is not always sharpened, would not be included in the blade length if the ricasso was not sharpened.

The sections following that statement (3) are an enumeration of the people/situations to whom it does not apply.
 
www.akti.org

AKTI Protocol for Measuring Knife Blade Length | American Knife and Tool Institute

AKTI proposed and adopted a standard for measuring knife blade length for the purpose of applying laws. The measurement should be the straight line extending from the tip of the blade to the forward…
www.akti.org www.akti.org

AKTI Protocol for Measuring Knife Blade Length​

Where a statute, regulation or ordinance refers to knife blade length, the measurement shall be the straight line extending from the tip of the blade to the forward-most aspect of the hilt or handle.​

Click to expand...
 
he only exception I know of is Connecticut where its statutes specify along measuring along the cutting edge.

Excerpted from their Sec. 53-206. Carrying of dangerous weapons prohibited -
Sec. 53-206-b-(3) .....(3) the carrying of a knife, the edged portion of the blade of which is four inches or more in length,.....
Click to expand...

That would be a horrible way to measure a blade! A knife with a lot of belly would have to be very short to pass that test.
 
Crag the Brewer said:
Id go by the manufacture's description First.

Never buy a knife, grind it shorter to sneak into your legal size ... Lawyers will not be friendly in court
Click to expand...

Has there been a case where this was true? I've not ever heard that, although I've heard that about modifying firearms.
 
Joe S said:
Has there been a case where this was true? I've not ever heard that, although I've heard that about modifying firearms.
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No. Blade length is blade length. Either the knife has a legal length blade or it doesn't.

If a prosecuting attorney tried to charge someone with possession of an illegal knife based on manufacturer's advertised blade length and never actually measured the knife to find that the blade was under the maximum legal length, the defense attorney would have a field day and an easy win.

The District Attorney who allowed/committed such a blunder would be hard pressed at his/her next election to defend such incompetence.
 
zzyzzogeton said:
No. Blade length is blade length. Either the knife has a legal length blade or it doesn't.

If a prosecuting attorney tried to charge someone with possession of an illegal knife based on manufacturer's advertised blade length and never actually measured the knife to find that the blade was under the maximum legal length, the defense attorney would have a field day and an easy win.

The District Attorney who allowed/committed such a blunder would be hard pressed at his/her next election to defend such incompetence.
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It's about swaying the jury.....

Lawyer:
"Why would you the defendant modify a pre-existing length, that you Knew was the illegal length beforehand? Why were you trying to skirt the law? A felonie. This was to make the blade more stealthy, more tactical, More Deadly!!! "


Imo, there is no reason to give them that fuel.
 
Crag the Brewer said:
It's about swaying the jury.....

Lawyer:
"Why would you the defendant modify a pre-existing length, that you Knew was the illegal length beforehand? Why were you trying to skirt the law? A felonie. This was to make the blade more stealthy, more tactical, More Deadly!!! "


Imo, there is no reason to give them that fuel.
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If your jury would buy that line of BS , you are already toast ! :mad:
 
DocJD said:
If your jury would buy that line of BS , you are already toast ! :mad:
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My state allows me the freedoms of what I want, but it would be foolish to think certain places wouldn't manipulate the situation
 
Crag the Brewer said:
It's about swaying the jury.....

Lawyer:
"Why would you the defendant modify a pre-existing length, that you Knew was the illegal length beforehand? Why were you trying to skirt the law? A felonie. This was to make the blade more stealthy, more tactical, More Deadly!!! "


Imo, there is no reason to give them that fuel.
Click to expand...
But the defense could come back with, "My client, being the conscientious individual that he is, went out of his way to keep his new knife within the parameters set by law by grinding off the excess length of said blade"
 
Frisco Felon said:
But the defense could come back with, "My client, being the conscientious individual that he is, went out of his way to keep his new knife within the parameters set by law by grinding off the excess length of said blade"
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"He knew full well he bought an Illegal Weapon and he still intended on Using it..... Show premeditation.

Seeking Murder 2....."
 
If your defense lawyer is putting "what if" scenarios to the court I have some further bad news for you.
 
Crag the Brewer said:
"He knew full well he bought an Illegal Weapon and he still intended on Using it..... Show premeditation.

Seeking Murder 2....."
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Murder 2?! My client feared for his life and has a valid claim of self defense. After all the deceased is 20 years younger and 40 pounds heavier. And lets not forget the deceased's membership in a street gang and his prior criminal history!
 
Frisco Felon said:
Murder 2?! My client feared for his life and has a valid claim of self defense. After all the deceased is 20 years younger and 40 pounds heavier. And lets not forget the deceased's membership in a street gang and his prior criminal history!
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Past Internet history, Soldier Of Fortune lifetime membership, and Trump voter...... 🤣🤣🤣

They might just throw away the keys!


All kidding aside. I just think it's a bad idea.
Just like I wouldn't carry something Named sinister.
 
Crag the Brewer said:
Past Internet history, Soldier Of Fortune lifetime membership, and Trump voter...... 🤣🤣🤣

They might just throw away the keys!


All kidding aside. I just think it's a bad idea.
Just like I wouldn't carry something Named sinister.
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Yes, the prosecution will do their very thorough research to get that conviction. Remember, they have basically unlimited resources (tax dollars!). For EDC, my personal maximum is a folder with a 4" blade. I watched the Cold Steel DVDs where Lynn Thompson and others drew 5" and 6" folding knives from their belts and proceeded to demonstrate their cutting power. This all was filmed at their Seaborg Avenue facility in Ventura, CA for advertising purposes. Some, like the Espada, were designed and marketed by CS as fighting knives, which can make an arrest for carrying one of those very difficult to defend in court. I seriously doubt whether those guys actually carried those huge knives concealed on a regular basis. Folders of that size are far too heavy and bulky for convenient EDC, regardless of whatever advantage they have in cutting power over a 4" model. Once again, the rule of diminishing returns comes into play.
 
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BootKnifeFan said:
rule of diminishing returns
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Then explain why mankind everywhere: developed, hunted and fought with much longer swords, spears and pole arms . Whenever possible .

If you don't understand why , maybe please try to understand , before speaking with false authority !
 
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