Does this mean my knife is illegal?

[WOD]

I onced believed that it was legal to carry a knife in public as long as the blade was less than 3 inches, but according to this lawyer talk it is not legal. I carry an assisted open folder so I would like to know if I am within the law. Can anyone in the know interpret for me? Thanks!

166.240 Carrying of concealed weapons. (1) Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor.(2) Nothing in subsection (1) of this section applies to any peace officer as defined in ORS 133.005, whose duty it is to serve process or make arrests. Justice courts have concurrent jurisdiction to try any person charged with violating any of the provisions of subsection (1) of this section. [Amended by 1977 c.454 §1; 1985 c.543 §2; 1989 c.839 §21; 1999 c.1040 §15]

 

[Sir William]

By definition, your knife is illegal. Common sense is not that common. I was asked to disarm at a Highland Games recently. Traditional Scottish attire is now forbidden.

 

[USP45usp]

WOD,

Oregon right? Okay, here is what goes, just buy a Benchmade with a clip or any other knife that has a clip, clip it to your belt or pocket where it can be seen, and then just go with that.

No you can't conceal a knife over 4" or a fixed blade, or anything that can't be seen in that range. Just buy a Benchmade 3+" knife, clip it to your pocket, and go.

If you want a knife for concealment in your pocket, just go with a 2.5" blade, that should do you for utility work.

Wayne

*edited to clarify: I'm talking auto's here.

 

[jefnvk]

Wow, that is tough. You can't have a knife that you can flick open?

Guess I should probably check up on knife laws before traveling, never occured to me on my last vacation. Time to see if I could have been thrown in the slammer.

 

[Capt. Charlie]

Whoa folks! Read the section again. It says spring loaded or centrifugal force. That covers switchblades, stilettos, ballistic knives, and butterfly knives. If he's talking about the "assisted open" that most everybody's advertising today, which involves a small "knob" on the side of the blade that allows you to flick it open with your thumb, that doesn't qualify. It's legal by his quote of the section. I don't know about Oregon, but in Ohio the concealed weapon statute covers knives that are designed solely as, carried as, or deployed as, a weapon. If I have to shake someone down and find a box cutter, the first thing I ask is why does he have it? If he's a stock boy that just left work, that's reasonable. If it's 0400 and he's slinging dope, then it's a weapon. A good ol' boy carrying a Buck folding hunter (as I do ) during deer season isn't carrying a weapon, it's a tool. I count on my people to use a little common sense, and the totality of the circumstances to determine if it's a weapon or not.

 

[jefnvk]

Many assisted opening knives do have a spring loaded thingy, though. And centrifugal force to me means flickable, as whne you flick a knife open, it is centrifugal force that does te work.

 

[Sodbuster]

It's surprising how ignorant many states' knife laws are, including Montana's. I could own and carry a Microtech in Wyoming. Since my move here, I have sold them because not only can't you carry them, you can't own them. I believe I can carry the most dangerous knife of all: the dreaded kitchen knife.

 

[Baba Louie]

...or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person,...

I guess even a sharpened #2 wooden pencil or BIC ballpoint pen, when put to aggressive use with pointed end forward could apply here, huh?

 

[yorec]

Hmmm... Aren't many BIC ballpoint pen's springloaded?