Oregon law clarity (balisong)

Joined
Dec 1, 2002
Messages
199
Okay... I live in salem oregon and I read this from http://pweb.netcom.com/~brlevine/sta-law.htm
Oregon - Public Order Offense 166.240 Illegal Concealed
Weapon... [it is a Class B Misdemeanor to carry] concealed
upon the person any knife 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, any dirk, dagger, ice pick... or any similar
instrument by the use of which injury could be
inflicted... [it is also an offense for a convicted felon
to possess a switchblade or gravity knife.]
1. What I was wondering if oregon's definition of a gravity knife includes a balisong?
2. Would a bali with a pocket clip that you can see part of the knife be concealed?
3. If i can carry it in my pocket is there a size limit?

Sorry for all of the questions guys I just would like to use my 4" bali as a EDC.

Thanks a lot for your time.
 
1. Yes it does include a balisong because you use centrifugal force to open it.
2. A concealed knife is a knife that cannot be seen therefore if you can see part of the knife, it is not concealed.
3. N/A

If this is the law for concealed knives only then I'm afraid I can't help you on what type of knife you can carry in regards to blade length. Hope this helps!


-DC2

P.S.
Welcome to the forums!
 
Well the knife I'd like to carry is a cold steel Arch Angel and take advatage of it's nice pocket clip. The blade lengh is 4 1/8"... sooo since will be visable above my pocket it is not concealed, then I can carry it no matter the size? I believe auto knives and gravity knives are legal if they are not concealed in oregon... so should be able to carry it with little problems (I'm sure i'd find some one who had a problem with me carrying it in their own opinion). right?

I'm really sorry if my post is hard to understand, but it is realy hard for me to write down what i'm trying to say.

Thanks again dc2
 
You need to look up case laws in your area/state and see which direction they go on the gravity knife and balisongs not all states consider a bali song a gravity knife that uses centrifugal to open.
 
okay, thanks for the help guys looks like i'll have to find out the hard way... by getting off my butt.:)
 
Email Chuck Gollnick for help, I believe there legal in Oregun. Email him, HE WILL KNOW.
 
First, realize that about twenty years ago now, the Oregon Supreme Court ruled that the Oregon Constitution's guarantee of the right of citizens to keep and bear arms is to be interpreted most liberally and most inclusively. Keep in mind that the 2nd Ammendment to the US Constitution is clouded. But, Oregon's rings crytal clear. So, that sort of sets the tone for all legal questions surrounding knives in Oregon. As a result, it is perfectly legal to manufacturer, buy, sell, own and even carry any knive including a gravity knife, switchblade, or balisong in Oregon. Even balistic knives are not illegal under state law, but Federal law does enter in there.

Second, keep in mind that balisongs are not federally illegal. A Federal appeals court has ruled that the Federal Switchblade Act does not apply to balisongs. It is federally illegal to import balisongs knives into the US, but that is a result of US Customs regulations which are an entirely different set of laws.

With those two ideas in mind, the answer to your question is that balisong knives ARE considered switchblades in Oregon. That means that you may legally carry one as long as it is NOT concealed.

The definition of "concealed" varies from state-to-state. In Oregon, a knife is "not concealed" if any part of the knife is visible or if it is carried in an obvious knife sheath which is not, itself, concealed and which is worn conventionally (e.g. hanging from one's belt, around one's neck, etc.). Again, because of the very permissive tone that our Constitution sets, Oregon courts have taken a very permissive view of what is not concealed.

Oregon was one of the first states in the Union to issue qualified citizens Concealed HANDGUN Licenses. Handgun is the key word. Oregon's CHL only applies to handguns. Having an Oregon CHL does not afford you any more options for knife carry.
 
By the way, because of the Oregon Supreme Court's very clear and strong stance on weapons law, it is entirely possible that Public Order Offense 166.240 would not stand up under appeal. As a result, you are very unlikely to be prosecuted under this law for a minor violation. Prosecutors know that if they bring a case under this law, they will be putting the law itself on the table. They're not going to take a chance at loosing this law over a minor violation.

And now you know one of the many reasons that I love living in Oregon.

Any of you in Kalifornia thinking of moving up here? You'd be most misserable. It rains 24/7. It's cold, very cold. And if your neighbor to the right doesn't shoot you, your neighbor on the left will. Stay in Kalifornia.
 
Hey! Look at me! I'm posting in the Knife Laws forum! I think this is the first (well, third now) time! Amazing.
 
Hey Gollnick - my wife and I were in Portland over Thanksgiving looking at property in......Sherwood. We found some very nice 5 acre parcels for about 1/5th of the price of simlar properties in the Bay Area. Portland, here we come. I will email you privately about some questions I had.
 
More Kalifornians.... :rolleyes:

That would be the 5 acre parcels they're planning to put the gas pipeline through... but don't worry abouot it. We haven't had a gas line blow in a couple or three years now. They've probably got it all worked out.

And as for the rain, well, it's a myth. We only have one rain storm in the Portland area each year, just one. Of course it starts in October and doesn't end until the following May.

And as for all the jokes about our pasty-white complexions, we get at least three months of sun light every year. Yes, it is true that I called the city a couple of years ago to complain that something was wrong and the street lights hadn't turned off. Why would all the street lights be on so bright in the middle of the day? They explained to me that that light I was seeing is called "the sun" and that it's a natural occurance. I took pictures.
 
Im not too sure how much this is worth, but last time I was in Portland,oregon cuttlery shop at the loyd center mall was selling balis. Would they not be alowed to sell them if they were illegal?
 
Portland,oregon cuttlery shop at the loyd center mall was selling balis.

The Cuttlery Shoppe at Lloyd Center? Paleeeseee. Nobody who is anybody shops there.

Next time you're in town, go to a real knife shop. We have two. Portland Cutlery and George and Son Cutlery. IMHO, George and Son should be designated a National Treasure.
 
Hey thanks for all the help.
speaking of the rain why is it that no one uses an umbrella here?
unless they are from kalifornia.
 
Originally posted by Gollnick
More Kalifornians.... :rolleyes:
Could be worse. You could wind up with another Eugene.... :rolleyes:

theman-dh: Very easily confirmed with any lawyer, but if the law speficifically states a restriction for carrying concealed, you are in full compliance if you don't carry it conceal, as mentioned by Chuck. And it's a good thing Chuck completely clarified the liberal stance on the definition of "concealed". ;)
a knife is "not concealed" if any part of the knife is visible or if it is carried in an obvious knife sheath which is not, itself, concealed and which is worn conventionally (e.g. hanging from one's belt, around one's neck, etc.).
Still, I would double check by confirming with a member of the Law Enforcement around your town to see if there is enough of the AA showing while worn in your pocket to qualify as "visible".
 
Thank God I live in OR!! It is so cool going to the knife show in Eugene knowing that autos, DAs, and balis can be bought and carried from the show without a problem.
 
I was reading the statutes, and they say you can carry concealed a pocket knife. What constitutes a pocket knife?
 
I know this is an old thread, but I didn't see any advantage to starting a new one. I might find myself in Oregon soon (Portland and Salem).
Can cities pass more restrictive knife laws, or are they preempted?
 
The only restrictions in Oregon concerning ANY knives is that you cannot conceal carry certain ones. You can't conceal carry a Balisong, but if you can see it, and you aren't trying to obscure the fact that you are carrying one, you are fine. If it's hidden in your car, you are fine, that doesn't count as concealed carry. It has to be ON you to be considered conceal carry. Look here for exact laws of the concealed carry, and don't forget to look on the right side where it shows court decisions. http://www.oregonlaws.org/ors/166.240 . As a result of one of the court decisions, they amended the law to exclude reference to people who conceal carried knives without having intentions of illegal use against people. Soooo, I wouldn't worry. Length doesn't matter at all. Technically you could carry a machete around, but that would probably freak most people out. You might also want to look at laws for Salem specifically. As far as I could find, they have the exact same law as Oregon. http://www.cityofsalem.net/Departments/Legal/Salem Revised Codes/Miscellaneous.pdf .It's number 95.100. So you wanna carry something? Or anything? Go for it! Oregon is super liberal as far as knives are concerned. While in lots of places it's illegal to carry switchblades, in Oregon, it's legal to carry them concealed. So, go for your Balisong. :P
 
I was reading the statutes, and they say you can carry concealed a pocket knife. What constitutes a pocket knife?

First of all, it has to be made to be a pocket knife. It also has to be 3 and ¾ inches or less. In Oregon, since a switchblade is considered a pocket knife as well, so you can also conceal carry those. Spring assists are also considered pocket knives. And if the clip is visible of any knife you are carrying, it isn't concealed, so if you have a pocket knife over that size, just make sure you have part of it visible. :) Isn't Oregon awesome? I mean. Switchblades are illegal in other places! I love living here.
 
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