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Auto knives in Lincoln

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tstuart34:

--- Quote from: tstuart34 on August 06, 2015, 09:09:32 PM ---Here's the story. On FB because nfoa is kind of dry tonight . and a guy is listing a Bench made On a but sell trade. I messaged him to be polite and let him know about Lincoln ordinance. Imo alot of ppl are unaware of local laws. He comes back and says he is allowed based on the fact he is military/LEO. He also tells me that autos are not illegal just concealing anything over 3.5 inches is. So I showed him

9.36.040 Unlawful to Sell or Possess Switch-Blade Knife.
It shall be unlawful for any person to sell, give away, or furnish to another person any
switch-blade knife; and it shall be unlawful for any person to have in his or her possession, custody,
or control any switch-blade knife. (Ord. 15625 §4; July 9, 1990: P.C§9.28.030: Ord. 3489 §9-
101.1, as amended by Ord. 6284; February 20, 1956).

But he restated he is exempt and he expect anyone who buys to show proof they are legal to carry it. So my curriosity brought me here to my local legal experts!

Then he tells me he i

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--- End quote ---
This specify specified switch blades

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depserv:

--- Quote from: Ivars on August 08, 2015, 07:25:16 PM ---Lincoln.  Under definitions 9.36.150

Knife shall mean any dagger, dirk, knife, or stiletto with a blade over three and one-
half inches in length or any other dangerous instrument capable of inflicting cutting, stabbing, or
tearing wounds

--- End quote ---
Based on this definition, I'd suggest being careful how you carry things like screwdrivers (commonly used as weapons) and Pencils (also used as weapons).

Are there any kind of criteria given anywhere for what constitutes a "dangerous implement?"  My opinion is if it's used as a weapon (even if only to make a threat), and has the ability to be used as such, then it's a weapon; otherwise it should not be seen as one by the law, unless it's specifically designed to be a weapon, as in the case of a dagger for example.  But otherwise, based on the term "dangerous implement capable of... cutting or... tearing," a judge could order everyone to have their teeth pulled, because they certainly meet the definition, and they're concealed unless we're smiling (and the smile is even better concealment when it comes to knives).  I don't expect that to happen of course, but it does illustrate the kind of problem use of poorly-defined terms can cause when laws are written (especially when the laws are illegal in the first place).

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