I'm not an attorney and this is pretty old, but . . .
STATE v. BOTTOLFSON, Decided: May 12, 2000
https://caselaw.findlaw.com/ne-supreme-court/1071291.html"The definition of knife found in § 28-1201(4) can be divided into two phrases. The first phrase is “any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length.” Penal statutes are given a sensible construction in the context of the object sought to be accomplished, the evils and mischiefs sought to be remedied, and the purpose sought to be served. . . . It is obvious that the Legislature, in enacting § 28-1201(4), did not intend that any knife be a “per se” deadly weapon under § 28-1205. We determine that 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 § 28-1201(4). We further determine that the Legislature, in enacting the first phrase of § 28-1201(4), designated certain items (daggers, dirks, knives, or stilettos with blades over 3 1/2 inches) as knives per se. In other words, the named items in the first phrase of § 28-1201(4) are automatically considered to be knives for purposes of § 28-1205(1), and the State does not have to prove that these items are dangerous instruments capable of inflicting cutting, stabbing, or tearing wounds.
The second phrase of § 28-1201(4) contains the language “any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds.” This phrase refers to instruments other than those specifically mentioned in the first phrase of the definition of knife. We determine that when a case involves an instrument not specifically named in § 28-1201(4), the Legislature intended that the State should bear 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 § 28-1205(1). In other words, the question of whether an instrument that is not specifically mentioned in the statute is a knife is a question of fact to be decided by the trier of fact.
We conclude that the knife in this case does not fall under the first phrase of the statutory definition of knife found in 28-1201 because it did not have a blade over 3 1/2 inches. Thus, it was not a knife per se under the definition. However, the knife in this case may fall under the second phrase of the statutory definition of knife, but this is up to the State to prove and the trier of fact to decide. Therefore, the district court erred in dismissing the use of a weapon to commit a felony charge against Bottolfson."
