Posted on 05/01/2015 1:28:38 PM PDT by marktwain
Oklahoma has repealed their version of the switchblade knife ban. Baltimore has a similar law that Freddy Grey was arrested under before his death from a serious spinal cord injury, three fractured vertebrae, and a crushed voice box, apparently while in police custody. The Baltimore law is more vague than the Oklahoma law HB 1911(pdf) , and the AG in Baltimore has ruled that the arrest was illegal, probably for two reasons.
First, the knife was not concealed. The officer noted that he saw the knife clipped to the front pants pocket. Second, the knife was not a "switchblade", even under the vague Baltimore law, if anyone had been required to prove the case in court. From kniferights.org:
Maryland does not have knife law preemption, so municipalities such as Baltimore are allowed to fabricate laws more restrictive than the state itself. Baltimore's city code prohibits the sale, carry or possession of "any knife with an automatic spring or other device for opening and/or closing the blade, commonly known as a switch-blade knife." While it might be possible in theory to interpret that unusual definition of "switch-blade" to include assisted-opening knives, such an interpretation would conflict with virtually all other switchblade definitions throughout the country.These vague and irrational knife laws, just as most concealed carry laws, were passed precisely to give the police authority to arrest those who the police considered undesirable, mostly blacks, recent immigrants, or anyone out of favor with the local elites. When you read the debates about these laws, you often read of police saying that they need the law as a "law enforcement tool".
I can relate that the style of knife Mr. Grey had on his person was/is in common currency throughout the entire city. Pretty much every male I knew carried one. Black, white, working-class, or poor. Heck, you could find cheap versions at many ghetto corner stores. The one extant surplus store in town (A great place H and H 425 Eutaw Street) sells better quality ones over the counter.In a number of states, education on the stupidity and futility of the knife bans has resulted in repeal of the bans. There is even an ongoing campaign in New York to modify the knife law because of the startling number of abusive arrests enabled by the law. It has become a strong moneymaker for the DA in New York City.
I never left home without a knife. It was Baltimore for the love of Pete. I always had a switchblade handy. Never got messed with by the police for it either. I dealt with the police often enough I was employed as a drink slinger for a number of years. Also did work for various property management companies in places like ever glamorous West Baltimore. Never a peep outta the cops once.
Frankly, the place where young Freddy was picked up was a place that I wouldnt want to be without a weapon of some sort (a knife is a paltry thing). The police likely needed to have something to charge Freddie with.
Box cutters must be legal.
Kind of sad that a Bowie Knife is not legal in Texas.
It is very sad. Before the Civil war, the Texas Supreme Court ruled that even slaves had a right to carry Bowie knives in Texas.
http://gunwatch.blogspot.com/2014/03/the-slaves-friend-bowie-knife-pamphlet.html
There were a couple on here earlier saying the knife was not illegal therefore the search was illegal. Now this report states they are illegal.
this is why everyone should not rush to judgment.
If you are referring to this posting, it shows that the knife was not illegal and it was not concealed.
What article are you referring to that shows that the knife was illegal?
The knife law in Balitmore, as in many places, is used as a police tool to arrest people that they want to arrest, but cannot find a good reason to do so.
I carry knives that look and operate just like that.
That is not a switchblade under any definition.
But, I sure wouldn’t want my back broken to fit someone’s idea of what is...
In fact, I have a Freeper friend, who I gave a similar knife but, way superior to Fugly looking thing....
Except that the police did not use any knife ban to arrest Gray. They lied, claiming that he had a switchblade. The City State’s Attorney said today that the knife on Gray is legal.
Well said and worth repeating.
Exactly. But they thought they could get away with it because the existing law is impreciss. I would place a lot of money that in the last five years, dozens of arrests have been made under the law, and they are mostly invalid.
What usually happens, is after the person arrested is placed in jail for a few days or weeks, (because they do not have money for a bail bondman), or gets bailed out, they cop a plea to avoid trial.
If they can afford and attorney who challenges the charges, the charges may be dropped.
You got a different outcome in this case because of the tragic result and the publicity. Where was this DA in previous knife cases? I guess she is pretty new.
back in the 50’s switchblade knives were illegal, they always were as far as I know....
No, not always, they were pretty much banned only in the 50s due to fear of “juvenile delinquents”, inspired by all the pulp fiction and hysterical B movies that featured them.
“back in the 50s switchblade knives were illegal, they always were as far as I know....”
That is when they were made illegal.
http://gunwatch.blogspot.com/2015/02/how-switchblades-were-banned.html
Law takes effect on November 1, if I recall correctly.
Yes, November 1, as I recall. The various switchblade bans were almost a test run for the media to see if they could enact stupid laws through hysteria.
They have enacted a lot more since then.
I have seen knive sheaths or cases that open the knife for you as it is drawn.
Do you recall any? Seemed like a legal workaround to me.
Heck, I recall Italian switch blade stilettos advertised in the back sections of Popular Mechanics and Popular Science among other magazines.
My dad told me not to bother as they were “pieces of crap”.
BTW, I carried a pocket knife from third grand on, in DC.
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