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General Categories => Laws and Legislation => Topic started by: tstuart34 on August 06, 2015, 08:07:58 PM

Title: Auto knives in Lincoln
Post by: tstuart34 on August 06, 2015, 08:07:58 PM
Just wanted to make sure I have my facts straight... Lincoln ordinace calls out for it to be unlawful to have a switch blade knife. Would this include a Bench made auto?

I think yes but wanted to verify.

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Title: Re: Auto knives in Lincoln
Post by: Dan W on August 06, 2015, 08:46:30 PM
Any auto opening knife is illegal to possess in Lincoln, so YES a Benchmade auto is included
Title: Re: Auto knives in Lincoln
Post by: tstuart34 on August 06, 2015, 08:47:36 PM
Any auto opening knife is illegal to possess in Lincoln, so YES a Benchmade auto is included
Any exceptions? EMT LEO?

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Title: Re: Auto knives in Lincoln
Post by: Dan W on August 06, 2015, 08:52:12 PM
Any exceptions? EMT LEO?
I am sure LEO is exempt , but I don't know about EMT
Title: Re: Auto knives in Lincoln
Post by: Gunscribe on August 06, 2015, 09:05:44 PM
If there is no exceptions specifically written into the ordinance then it is illegal for them as well. Good luck getting one of the only ones to cite one of the only ones.
Title: Re: Auto knives in Lincoln
Post by: 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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Title: Re: Auto knives in Lincoln
Post by: tstuart34 on August 06, 2015, 09:12:50 PM
If there is no exceptions specifically written into the ordinance then it is illegal for them as well. Good luck getting one of the only ones to cite one of the only ones.
Only one line of exceptions that I see and it is for discharging a firearm within city limits.

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Title: Re: Auto knives in Lincoln
Post by: Dan W on August 06, 2015, 09:12:55 PM
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).
Title: Re: Auto knives in Lincoln
Post by: tstuart34 on August 06, 2015, 09:13:43 PM
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).
Beat ya to it! [emoji12] 

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Title: Re: Auto knives in Lincoln
Post by: bullit on August 07, 2015, 07:41:19 AM
BUT tstuart34 "he" is exempt because "he" said "he" is ... don't you get  it ?  It really is not that complicated ....   All "he" had to do was tell you so ...   :)
Title: Re: Auto knives in Lincoln
Post by: tstuart34 on August 07, 2015, 08:03:10 AM
BUT tstuart34 "he" is exempt because "he" said "he" is ... don't you get  it ?  It really is not that complicated ....   All "he" had to do was tell you so ...   :)

Yeah I get it. What sucks is he will tell someone else its OK to have and then they will buy it get picked up for it and say "I'm Exempt HE told me so!" then cry. Channel 8 news will run it as there top story for the night and the Journal Star will talk about the Huskers.... All for a ordinance made up when the greasers and the socs where rumbling in empty lots. 
Title: Re: Auto knives in Lincoln
Post by: RLMoeller on August 07, 2015, 08:19:11 AM
All for a ordinance made up when the greasers and the socs where rumbling in empty lots. 

Well we can't repeal it...,  You don't want that activity to return now do ya?
Title: Re: Auto knives in Lincoln
Post by: tstuart34 on August 07, 2015, 08:30:31 AM
Well we can't repeal it...,  You don't want that activity to return now do ya?

Hipsters are to busy drinking coffee in basement coffee shops and only want peace and love (which I had to go do yesterday morning for a group project ::)).... gang bangers do drive-bys and shot innocent people....

I am open to the possibilities of a fist fights...but only if you bring back the muscle cars!
Title: Re: Auto knives in Lincoln
Post by: gsd on August 07, 2015, 08:55:27 AM
As a former EMT I was informed by several LPD officers on multiple occasions that LEO/EMS are authorized auto knives.

This is hearsay on my part, but also actual experience in Lincoln while running clinical studies as a medic student.

Take it for what you will.
Title: Re: Auto knives in Lincoln
Post by: RLMoeller on August 07, 2015, 08:56:38 AM
It's nice when you can exempt yourself.
Title: Re: Auto knives in Lincoln
Post by: gsd on August 07, 2015, 08:58:30 AM
It's nice when you can exempt yourself.

Ain't it though?

I retired my Boker automatic after leaving EMS, better safe than sorry. Wouldn't want to have to surrender my firearms to the city...
Title: Re: Auto knives in Lincoln
Post by: depserv on August 08, 2015, 01:00:48 AM
As I have pointed out before in regard to various arms, there is no kind of knife that is illegal anywhere in America, because the law says citizens have a right to keep and bear arms.  But unfortunately it doesn't matter much what the law says when a criminal gang that has no respect for the law has the power to put you in jail.  So protect yourself by complying with these illegal acts that have been committed by our local criminal gangs.  But don't pretend that what they are doing is legal, because that makes it easier for them to get away with their crimes.  These kinds of crimes being rampant shows us the importance in getting loyal Americans elected, who will obey the law.  Maybe a day will come when the criminal gangs who now hold political power will be in jail where they belong.
Title: Re: Auto knives in Lincoln
Post by: Ivars on August 08, 2015, 02:48:34 PM
By definition a knife is a blade over 3.5 inches.  I would think then an auto under that length would be legal.
Title: Re: Auto knives in Lincoln
Post by: tstuart34 on August 08, 2015, 03:58:22 PM
I'm lincoln or in general?

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Title: Re: Auto knives in Lincoln
Post by: 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
Title: Re: Auto knives in Lincoln
Post by: tstuart34 on August 08, 2015, 08:21:12 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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This specify specified switch blades

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Title: Re: Auto knives in Lincoln
Post by: depserv on August 09, 2015, 02:39:20 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
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).