I know that this is pretty much a dead thread, but I would like to add something from an LEO's perspective (or, former LEO, to be exact).
In theory, carrying a knife in your pocket, whether an automatic blade or not, can be deemed as illegal according to state law. The thing is, however, up to what is commonly referred to as "officer discretion." Your typical bystander carrying a pocket knife will most likely not be hauled away to the hoosegow. Now, do something illegal, and that is a different story.... Make a threat to someone's physical well-being or get caught with a pound of crack stuffed in your butt, then that pocket knife may be construed as a deadly weapon at that point. Interpretation of the law and depends a great deal on culpability and circumstance. The average schmo isn't carrying the knife as a weapon, per se. The alleged offender, however, may be interpreted differently.
Case in point is this excerpt from ORC 2923.12 (specific to firearms, but generally applicable to all manner of weapons:
"(H) If a law enforcement officer stops a person to question the person regarding a possible violation of this section, for a traffic stop, or for any other law enforcement purpose, if the person surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop."
If you are in doubt, just don't carry a so-called "ballistic knife", carry a knife concealed (such as in your pocket) or carry one in a manner that can induce panic. Use common sense, don't ever carry it where prohibited and ALWAYS tell law enforcement that you have one if stopped for something.
Thanks,
smblkc
In theory, carrying a knife in your pocket, whether an automatic blade or not, can be deemed as illegal according to state law. The thing is, however, up to what is commonly referred to as "officer discretion." Your typical bystander carrying a pocket knife will most likely not be hauled away to the hoosegow. Now, do something illegal, and that is a different story.... Make a threat to someone's physical well-being or get caught with a pound of crack stuffed in your butt, then that pocket knife may be construed as a deadly weapon at that point. Interpretation of the law and depends a great deal on culpability and circumstance. The average schmo isn't carrying the knife as a weapon, per se. The alleged offender, however, may be interpreted differently.
Case in point is this excerpt from ORC 2923.12 (specific to firearms, but generally applicable to all manner of weapons:
"(H) If a law enforcement officer stops a person to question the person regarding a possible violation of this section, for a traffic stop, or for any other law enforcement purpose, if the person surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop."
If you are in doubt, just don't carry a so-called "ballistic knife", carry a knife concealed (such as in your pocket) or carry one in a manner that can induce panic. Use common sense, don't ever carry it where prohibited and ALWAYS tell law enforcement that you have one if stopped for something.
Thanks,
smblkc
