WI Court Rules Switchblade Ban Unconstitutional

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Netpackrat
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WI Court Rules Switchblade Ban Unconstitutional

Post by Netpackrat » Fri Dec 04, 2015 5:07 am

An appellate court in Wisconsin ruled Tuesday that the application of a state law that prohibits possession of certain knives violates the Second Amendment right to bear arms. The law in Wisconsin regarding the Possession of a Switchblade Knife [§ 941.24(1), prohibits possession of "any knife having a blade which opens by pressing a button, spring or other device in the handle or by gravity or by a thrust or movement." Defendant Cory Herrmann injured himself while handling a switch blade in a non-violent situation in his own home. The court reasoned that knives should be granted protection under the Second Amendment, with the decision relying heavily on the US Supreme Court's decision in District of Columbia v. Heller.
http://jurist.org/paperchase/2015/11/wi ... knives.php
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PawPaw
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Re: WI Court Rules Switchblade Ban Unconstitutional

Post by PawPaw » Fri Dec 04, 2015 4:55 pm

Heller: The gift that keeps on giving. That's probably the one thing that John Roberts got right.
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Termite
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Re: WI Court Rules Switchblade Ban Unconstitutional

Post by Termite » Fri Dec 04, 2015 6:10 pm

IIRC,

Current Louisiana state law allows ownership of "switchblades", but prohibits their carry(on person) except for LE, military, firemen, and medical rescue personnel(paramedics).
As I am now a medical first responder with a Louisiana state license, I'm hazarding a guess that I can now legally carry one.
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PawPaw
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Re: WI Court Rules Switchblade Ban Unconstitutional

Post by PawPaw » Fri Dec 04, 2015 7:03 pm

Termite wrote:IIRC,

Current Louisiana state law allows ownership of "switchblades", but prohibits their carry(on person) except for LE, military, firemen, and medical rescue personnel(paramedics).
As I am now a medical first responder with a Louisiana state license, I'm hazarding a guess that I can now legally carry one.
'Cept we call them rescue knives.

Get a good holster for it. I carried one for a while in my pants pocket, but the sonofabitch kept opening for no particular reason. Ruined a pair of uniform pants when the blade came through the pocket and through the outer fabric of the pants. Damn near emasculated myself and scared the hell out of the girl that was in the elevator with me.
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MarkD
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Re: WI Court Rules Switchblade Ban Unconstitutional

Post by MarkD » Fri Dec 04, 2015 7:13 pm

PawPaw wrote:
Termite wrote:IIRC,

Current Louisiana state law allows ownership of "switchblades", but prohibits their carry(on person) except for LE, military, firemen, and medical rescue personnel(paramedics).
As I am now a medical first responder with a Louisiana state license, I'm hazarding a guess that I can now legally carry one.
'Cept we call them rescue knives.

Get a good holster for it. I carried one for a while in my pants pocket, but the sonofabitch kept opening for no particular reason. Ruined a pair of uniform pants when the blade came through the pocket and through the outer fabric of the pants. Damn near emasculated myself and scared the hell out of the girl that was in the elevator with me.
One of the reasons I won't even carry an assisted opening knife (even if they were legal where I work). My EDC can be opened with one-hand and a flip, but it stays closed in my pocket.

I refuse to carry a knife that can't be opened and close one-handed, or that doesn't lock open. Too many times I've had to cut something while holding it with my other hand, too many times I've needed to put my knife away one-handed, and too many times I've had a knife close on my fingers.

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g-man
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Re: WI Court Rules Switchblade Ban Unconstitutional

Post by g-man » Fri Dec 04, 2015 8:19 pm

Image
My 'not going to work' EDC is the 9050. The slide-lock on the back keeps the knife from opening unless I want it to, and it locks open so I'm not worried about it closing on my fingers. It came with a pretty good MOLLE holster which fit nicely on the front of my body armor downrange. I have a smaller 2-1/2" lockblade that lives with my uniform, because that's the largest blade we are allowed in the building.

Of course whenever it comes out for mundane pocket-knife duty in public, I mime the action of opening it with two hands to keep it from making the 'snikttt!' noise and freaking people out.

We'll see how this one pans out as it works up the appellate chain... I just wish it had been in the 4th Circuit court which covers VA instead of a state court in WI...
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Termite
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Re: WI Court Rules Switchblade Ban Unconstitutional

Post by Termite » Sun Dec 06, 2015 8:47 pm

Benchmade is rather proud of their self-opening knives......$$$
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JAG2955
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Re: WI Court Rules Switchblade Ban Unconstitutional

Post by JAG2955 » Mon Dec 07, 2015 1:20 am

I got one of those neat 9050s as a deployment issue. It's around here somewhere.

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SoupOrMan
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Re: WI Court Rules Switchblade Ban Unconstitutional

Post by SoupOrMan » Fri Dec 11, 2015 9:23 pm

The closest I have to that is my Kershaw Oso. I got it at the local Scheels. Scares the snot out of the right people.
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