Lincoln Police Seize switchblades at gun show

[Chris Z]

http://journalstar.com/news/local/crime-and-courts/police-seize-dozens-of-switchblades-at-gun-show/article_b2169b54-5220-5d22-98bb-35aa139087ed.html


I guess I was not aware that switchblades are illegal in the entire state of Nebraska, as this article alludes to...... Am I correct in assuming that only the city of Lincoln has an ordinance against switchblades? And they are not illegal in the rest of the state?

[Lmbass14]

Just about bought one.  The reason I didn't was the quality of the knife.  I also didn't know it was illegal to own one.

[Brian]

Lincoln Municipal Code

http://www.lincoln.ne.gov/city/attorn/lmc/ti09/ch936.pdf

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).


http://www.legislature.ne.gov/laws/statutes.php?statute=28-1201
Nebraska Revised Statute 28-1201
...(5) Knife means 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;...

Annotations
 

The Legislature intended the words "with a blade over three and one-half inches" to apply to daggers, dirks, knives, and stilettos, such that any of these items having blades over 3 1/2 inches are "knives" under subsection (4) of this section. Daggers, dirks, knives, or stilettos with blades over 3 1/2 inches are knives per se. When a case involves an instrument not specifically named in subsection (4) of this section, the State bears the burden of proving that the instrument is a dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, and thus is a "knife" for purposes of section 28-1205(1). State v. Bottolfson, 259 Neb. 470, 610 N.W.2d 378 (2000).

[metaldoc]

Oops!  Brian beat me to it...


It appears to be a Lincoln ordinance.    It was discussed on this forum a while back here... 

http://nebraskafirearms.org/forum/index.php?topic=1693.0

[Chris Z]

But statewide they are not illegal, right?

[gsd]

they are not illegeal in the state Chris, just in the City of Lincoln. 

Although, I believe if you are Fire, Rescue, Military, or Law Enforcement you are allowed to carry one.  Being an EMT, i've never been troubled by LPD in regards to my Boker auto.

Of course, they could have just been being nice...right? 

[metaldoc]

But statewide they are not illegal, right?

Nebraska statute does not mention switchblade knives, just blade lengths, so it would appear they are legal outside of Lincoln or any other municipality that forbids them. 

Nebraska - Crimes and Punishments. 28-1201. Terms, defined...
   (4) Knife shall mean any dagger, dirk, knife, or stiletto
   with a blade over 3-1/2 inches in length or any other
   dangerous instrument capable of inflicting cutting,
   stabbing, or tearing wounds...
- 28-1202. (1) ...any person who carries a weapon or weapons
   concealed on or about his person such as a... bowie knife,
   dirk or knife with a dirk blade attachment... or any other
   deadly weapon commits the offense of carrying a concealed
   weapon.

[Mikee Loxxer]

I was there when the undercover investigator told Ed Ebert that his switchblades were illegal. She pretended to be an interested attendee then produced her badge indicating that an arrest was going to take place. The vendor had his box of knives labeled "automatics." I got the impression that he thought he was outside of city limits making his siwtchblades legal. The investigator told him that LPD warned the promoter that switchblades would be prohibited at the show.

[bk09]

Poorly written article in the Journalstar. Says they are illegal in Nebraska, not Lincoln.

[JTH]

Yes, the article (or the police captain) is just flat out wrong. 

What is interesting to me is that I pulled up the GIS map of the city limits for Lincoln---and the place where the gun show was held is significantly outside them.  So....according to http://ags.lincoln.ne.gov/gisviewer/ since he wasn't in the city limits, those ordinances shouldn't matter.  (And the cop was outside her jurisdiction.)  The GIS mapping function is online from the Nebraska Department of Roads. 

So---what am I missing?  How can LPD tell the promoter anything, when the Lancaster Events Center is outside their jurisdiction? 

Granted, if the LPD thinks that switchblades are illegal anywhere in the state, that explains a lot. (A LOT!) But if they actually knew the law...what am I missing?  Have the Lincoln city limits expanded such that the NE Dept of Roads doesn't have it right on their maps?

[bk09]

Yes, the article (or the police captain) is just flat out wrong. 

What is interesting to me is that I pulled up the GIS map of the city limits for Lincoln---and the place where the gun show was held is significantly outside them.  So....according to http://ags.lincoln.ne.gov/gisviewer/ since he wasn't in the city limits, those ordinances shouldn't matter.  (And the cop was outside her jurisdiction.)  The GIS mapping function is online from the Nebraska Department of Roads. 

So---what am I missing?  How can LPD tell the promoter anything, when the Lancaster Events Center is outside their jurisdiction? 

Granted, if the LPD thinks that switchblades are illegal anywhere in the state, that explains a lot. (A LOT!) But if they actually knew the law...what am I missing?  Have the Lincoln city limits expanded such that the NE Dept of Roads doesn't have it right on their maps?

To me it looked like half that property was within city limits. Touching 84th and right south of Havelock.

[dkarp]

Actually it does look like the event center is within the city boundaries-zoom in closer and you can see the outline of the building. It is within the same "color area" as, for example, 70th and Havelock..

[JTH]

Actually it does look like the event center is within the city boundaries-zoom in closer and you can see the outline of the building. It is within the same "color area" as, for example, 70th and Havelock..

...and you guys are right, because I can't read a map.

At least the captain was still wrong about this being a state issue vs a city issue. 

[Gunscribe]

Some cities in Nebraska, Lincoln being one of them, have the statutory authority to enforce some, if not all, ordinances up to three miles beyond the physical city limits.

[metaldoc]

Some cities in Nebraska, Lincoln being one of them, have the statutory authority to enforce some, if not all, ordinances up to three miles beyond the physical city limits.

I know a two mile zone exists beyond city limits for zoning purposes for cities wishing to utilize that statutory exemption   given them by the state,  but wasn't aware that city ordinances could be enforced as well.  Not saying it isn't so.  Can you point to that in Nebraksa law.  That distinction could get a lot of people inadvertently in trouble.

[metaldoc]

It appears Gunscribe is correct except for the distance(s) involved...

The governing body of any city of the first class or city of the second class or village may, by majority vote of
 its members, request that the county board formally cede and transfer to the city or village extraterritorial jurisdiction over land outside the area extending (a) two miles from the corporate boundaries of a city of the first class, (b) and one mile from the corporate boundaries of a city of the second class, and (c) to the closest boundaries of the surrounding quarter sections of land from the corporate boundaries of a village.

Upon the effective date of such transfer, the  transferred jurisdiction shall be treated for all purposes as if such land were located within two miles of the corporate boundaries of a city of the first class, one mile of the corporate boundaries of a city of the second class, or between the corporate boundaries of a village and the closest boundaries of the surrounding quarter sections of land.

[Gunscribe]

I was remembering this off the top of my head. I know I have written an article on this in the past but, as I am short for time today, I didn't have time to look real hard for it. It was something I was going to try to do later but wanted to get it out there. Thanks for digging it up Metaldoc.

I have two training classes tomorrow that run from 8:00am till 10:00pm so I am having to get through all of the last minute details today; Classroom set up, catering etc..

[Husker_Fan]

Well, at least 74 of Lincoln's finest will be getting new knives.

[Dan W]

http://journalstar.com/news/local/crime-and-courts/police-seize-dozens-of-switchblades-at-gun-show/article_b2169b54-5220-5d22-98bb-35aa139087ed.html


I guess I was not aware that switchblades are illegal in the entire state of Nebraska, as this article alludes to...... Am I correct in assuming that only the city of Lincoln has an ordinance against switchblades? And they are not illegal in the rest of the state?

I think the Urinal/Star has updated the article and now states that switchblades are illegal in Lincoln

[bk09]

Well in all fairness LPD said they warned the sellers about bringing them to the show... Stubborn old coots probably had his booth paid for already and figured he would chance it. Wonder how much they lost actually bringing them instead of eating the booth fee.