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#225726 - 06/11/11 07:34 PM Re: Knife Rights Sues New York City [Re: Doug_Ritter]
Erik_B Offline
Enthusiast

Registered: 08/10/07
Posts: 315
Loc: Somewhere in my own little wor...
the original intent has no bearing on the level of corruption currently cascading through the loophole it creates.

guys, could you maybe use the Edit button instead of making a new post for every point? this isn't a blog comments section, and it's making it hard to respond.


Edited by Erik_B (06/11/11 07:38 PM)
_________________________
Originally Posted By: scafool
Camping teaches us what things we can live without.


Originally Posted By: ironraven
...Shopping appeals to the soul of the hunter-gatherer.

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#225735 - 06/11/11 11:49 PM Re: Knife Rights Sues New York City [Re: jzmtl]
chaosmagnet Offline
Sheriff
Carpal Tunnel

Registered: 12/03/09
Posts: 3819
Loc: USA
Originally Posted By: jzmtl
There's a reason they made such laws not so precise to begin with, to give cops some wiggle room to let go average joe who's just going about his day, and nab the gangbanger wannabes.


I think the term you're looking for is "unconstitutionally vague." Check it out: http://en.wikipedia.org/wiki/Void_for_vagueness.

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#225886 - 06/13/11 09:37 PM Re: Knife Rights Sues New York City [Re: Doug_Ritter]
Nato7 Offline
Newbie

Registered: 08/28/06
Posts: 28
Loc: Ontario, Canada
Actually, I should start this post by offering Doug an apology.

The Criminal code of Canada outlines what is deemed to be a prohibited weapon (Section 84. (1)(a)) and then more or less falls off the map. It includes switchblades, gravity or balisong, ballistic knives and any other device that is not firearm and prescribed to be a prohibited weapon????

I had originally thought the advantage to having an obscure knife law was owing to Canada being such a regionalized country. What is applicable in a large urban centre is completely unenforceable in a rural setting.

However, having read through the various posts and the Knife Rights website, it leaves far too much open to interpretation and only encourages confusion when there should be clarity. In NYC, it seems the district attorney is exploiting the vagaries of the state law to push through his own agenda. Although unfortunate, it is not a complete surprise.

In Ontario, there is a supposed rule of thumb stating you are entitled to carry a knife on your person as long as the blade does not exceed 3" in length. This is complete fiction.

I have owned and carried Spyderco Delica 4 and more recently a Ritter RSK MK1 and in discussion with some LEO(s) that I know - they have stated the following:

Technically, any knife I carry on person could be deemed a weapon. Regardless of how it is being used or the circumstance I find myself to be in. The only advice they could offer is to ensure that it is always visible (i.e. on my belt) otherwise it would be deemed concealed. Everything else is subject to interpretation.

One of the frustrating aspects is the myriad of questions some people have. Why do you need it? What are you going to use it for?

Well, I use it every day to open boxes, remove staples, sharpen pencils, open access panels painted over about 5 times, strip insulation, shave shingles, cut carpeting, etc., etc.

So again Doug, my apologies and I wish the foundation had a branch office available north of the 49th parallel.
_________________________
They will swing back to the belief that they can make people...better. And I do not hold to that. So no more runnin'. I aim to misbehave.

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#225918 - 06/14/11 03:11 PM Re: Knife Rights Sues New York City [Re: Nato7]
Denis Offline
Addict

Registered: 01/09/09
Posts: 631
Loc: Calgary, AB
Canadian law seems really grey and, frankly, a bit confusing. I'd love to find a set of definitive guidelines regarding what's okay and what's not, but I doubt such a beast exists.

Outside of those items specifically prohibited, my understanding is that anything becomes a weapon based on intention (and of course use). So if the police ask what your knife is for and you say self defence, its a weapon regardless of its physical attributes. It is legal to carry tools, not weapons.

Concealment is a bit confusing; concealment would only seem to be a crime if it was found that your knife was a weapon. Therefore, as a general rule, most recommendations I've seen are to not conceal your knife just in case (e.g. have the pocket-clip showing).

That said, my hometown has passed a bylaw that says a knife cannot be visible in a public place which seems to be a bit of a catch 22. That said, I'd lean more towards ensuring I was completely above board criminally rather than worrying too much about Bylaw.
_________________________
Victory awaits him who has everything in order — luck, people call it. Defeat is certain for him who has neglected to take the necessary precautions in time; this is called bad luck. Roald Amundsen

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#225927 - 06/14/11 06:34 PM Re: Knife Rights Sues New York City [Re: Doug_Ritter]
Erik_B Offline
Enthusiast

Registered: 08/10/07
Posts: 315
Loc: Somewhere in my own little wor...
as far as i'm concerned, unless you're in prison the legal classification of "weapon" shouldn't exist at all. assault and murder are illegal anyway, why should using an inanimate object in the process affect how bad it is, or prevent others from freely using said items for mundane tasks? there's been at least one broken bottle used in every Hollywood barfight(and a few real-life ones), but as far as i'm aware no one's tried to ban glass bottles yet.


Edited by Erik_B (06/14/11 06:38 PM)
_________________________
Originally Posted By: scafool
Camping teaches us what things we can live without.


Originally Posted By: ironraven
...Shopping appeals to the soul of the hunter-gatherer.

Top
#225934 - 06/14/11 07:32 PM Re: Knife Rights Sues New York City [Re: Erik_B]
chaosmagnet Offline
Sheriff
Carpal Tunnel

Registered: 12/03/09
Posts: 3819
Loc: USA
Originally Posted By: Erik_B
as far as i'm aware no one's tried to ban glass bottles yet.


http://www.blackshoediaries.com/2009/8/24/1000357/glass-bottles-banned-from-psu

http://www.oldham-chronicle.co.uk/news-features/8/news/29095/glass-bottles-banned-in-safety-move

http://news.scotsman.com/edinburgh/Bars-face-glass-ban-in.2739133.jp

Don't forget that where Great Britain used to be, you can't legally carry a Leatherman multitool with a locking blade without "good reason".

I like the way Arizona, Vermont, and Alaska take care of carry issues.

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#225949 - 06/15/11 12:52 AM Re: Knife Rights Sues New York City [Re: Erik_B]
Denis Offline
Addict

Registered: 01/09/09
Posts: 631
Loc: Calgary, AB
Just to illustrate the Canadian law regarding weapons of the non-prohibited sort, I noticed this article on the CBC today. The man was originally charged with assault with a weapon for hitting a fleeing robber with the blunt side of a hatchet.

I'm guessing anything could be considered a weapon if the Crown decides the individual was intending to use it as such at the time.
_________________________
Victory awaits him who has everything in order — luck, people call it. Defeat is certain for him who has neglected to take the necessary precautions in time; this is called bad luck. Roald Amundsen

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#225952 - 06/15/11 01:17 AM Re: Knife Rights Sues New York City [Re: Doug_Ritter]
Pete Offline
Veteran

Registered: 02/20/09
Posts: 1372
Just read the start of this thread.
Good for you Doug !!!

Pete #2

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#225964 - 06/15/11 09:53 AM Re: Knife Rights Sues New York City [Re: Denis]
Byrd_Huntr Offline
Old Hand

Registered: 01/28/10
Posts: 1174
Loc: MN, Land O' Lakes & Rivers ...
With a few exceptions (brass knuckles, explosive devices, spring-loaded stilettos, etc) thats how the law is in my state; A knife is not automatically a weapon. A knife (or frozen turkey leg) is legally a weapon if you use it as a weapon. There might be some municipal ordinances that I'm unaware of though.

I think it's great that Knife Rights is standing up for common sense.

We need to outlaw criminals and not the everyday items that they might use. Common sense dictates that the criminals will completely ignore knife laws just like they ignore other laws. Thats why we call them criminals.
_________________________
The man got the powr but the byrd got the wyng

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#225965 - 06/15/11 11:47 AM Re: Knife Rights Sues New York City [Re: Doug_Ritter]
Erik_B Offline
Enthusiast

Registered: 08/10/07
Posts: 315
Loc: Somewhere in my own little wor...
that's good; i like that. if you use it as a weapon then it's a weapon, but only in that case; not across the board. in a perfect world you could walk down the street with a bit of lead pipe in one hand, a Gil Hibben monstrosity in the other, and a cricket bat strapped to your back, but unless you do someone harm with it(or threaten such) it's just a really bad fashion accessory.
_________________________
Originally Posted By: scafool
Camping teaches us what things we can live without.


Originally Posted By: ironraven
...Shopping appeals to the soul of the hunter-gatherer.

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