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Thread: N.M. court upholds ban on switchblades, suggests broader knife bans might be constitu

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    N.M. court upholds ban on switchblades, suggests broader knife bans might be constitu

    For cases concluding that knives are substantially protected by the Second Amendment, see this post; in particular, State v. Delgado (Ore. 1984) held that switchblades are constitutionally protected by the Oregon Constitution’s “right to bear arms” provision — the New Mexico case expressly disagreed with Delgado on this.

    http://www.nmcompcomm.us/nmcases/nmc...s/CA32,708.pdf

    https://scholar.google.com/scholar_c...94825991926486

    http://www.washingtonpost.com/news/v...itutional-too/
    I am responsible for my writing, not your understanding of it.

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    Regular Member We-the-People's Avatar
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    Quote Originally Posted by Nightmare View Post
    For cases concluding that knives are substantially protected by the Second Amendment, see this post; in particular, State v. Delgado (Ore. 1984) held that switchblades are constitutionally protected by the Oregon Constitution’s “right to bear arms” provision — the New Mexico case expressly disagreed with Delgado on this.

    http://www.nmcompcomm.us/nmcases/nmc...s/CA32,708.pdf

    https://scholar.google.com/scholar_c...94825991926486

    http://www.washingtonpost.com/news/v...itutional-too/
    The "arms" protected under the second amendment are not limited to firearms. If that were the intent of the founding fathers, then they would have written it that way. Oregon's decision is likely based on our very strong Oregon Constitution's protection of the right to bear arms. New Mexico's may or may not be as strong.

    Either way, they are state cases.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

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    Regular Member F350's Avatar
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    Quote Originally Posted by We-the-People View Post
    The "arms" protected under the second amendment are not limited to firearms. If that were the intent of the founding fathers, then they would have written it that way. Oregon's decision is likely based on our very strong Oregon Constitution's protection of the right to bear arms. New Mexico's may or may not be as strong.

    Either way, they are state cases.
    • "Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American...[T]he unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people."
    --Tenche Coxe, The Pennsylvania Gazette, Feb. 20, 1788.

    From the Militia act of 1792....

    That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.

    (Spontoon, sometimes known by the variant spelling espontoon(or as a half-pike), is a type of European pole-arm that came into being alongside the pike. The spontoon was in wide use by the mid 17th century, and it continued to be used until the mid to late 19th century.)
    Last edited by F350; 01-24-2015 at 04:35 PM.

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    I agree arms should include edged weapons of ANY kind, besides knives: Sword, barong/kris, tomahawk -- whatever one's preference. ESPECIALLY in states where one can't carry a "more lethal" weapon -- a firearm -- such as in Hawaii.

    How guns can be "allowed" today but not edged weapons eludes me.
    (formerly of Colorado Springs, CO)

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    Regular Member F350's Avatar
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    Quote Originally Posted by cloudcroft View Post
    I agree arms should include edged weapons of ANY kind, besides knives: Sword, barong/kris, tomahawk -- whatever one's preference. ESPECIALLY in states where one can't carry a "more lethal" weapon -- a firearm -- such as in Hawaii.

    How guns can be "allowed" today but not edged weapons eludes me.
    How the entire constitution can be subverted today eludes me.

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    Quote Originally Posted by F350 View Post
    How the entire constitution can be subverted today eludes me.
    Any legislation or court decision that attempts to limit our rights are null and void. Our rights are not subverted, only if you let them be.

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    Yes, but no one wants to be a (federal) test case on that...so we continue to await someone's nomination. Sacrifice themselves for The Cause.

    Anyone?
    Last edited by cloudcroft; 01-25-2015 at 01:31 AM.
    (formerly of Colorado Springs, CO)

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    Regular Member We-the-People's Avatar
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    Quote Originally Posted by cloudcroft View Post
    Yes, but no one wants to be a (federal) test case on that...so we continue to await someone's nomination. Sacrifice themselves for The Cause.

    Anyone?
    A great number (most?) of test cases are actually fought by the bad guys. Criminals who, by pressing the rights we all possess, find that "technicality" that gets their convictions overturned.....and sets precedent for all of us to enjoy.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

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    Regular Member Primus's Avatar
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    Quote Originally Posted by We-the-People View Post
    A great number (most?) of test cases are actually fought by the bad guys. Criminals who, by pressing the rights we all possess, find that "technicality" that gets their convictions overturned.....and sets precedent for all of us to enjoy.
    Well said and a very good point often overlooked.
    "The wicked flee when no man persueth: but the righteous are as bold as a lion" Proverbs 28:1

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    Regular Member Kopis's Avatar
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    automatic knives are legal in TN for age 16+. It's rather silly these days for them not to be with all the "spring" loaded models or spyderco's. Theyre all pretty much switchblades. Switchblades are just more pleasing to the ears!

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    Regular Member F350's Avatar
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    Quote Originally Posted by Kopis View Post
    automatic knives are legal in TN for age 16+. It's rather silly these days for them not to be with all the "spring" loaded models or spyderco's. Theyre all pretty much switchblades. Switchblades are just more pleasing to the ears!
    Faster than any switchblade ever made and the only spring is in the locking mechanism...

    http://www.crkt.com/M16-14-Z-Desert-...WKS-Combo-Edge

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