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Thread: Wisc. CA: Switchblade legal in the home. State v. Herrmann

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    Wisc. CA: Switchblade legal in the home. State v. Herrmann

    Herrmann moved to dismiss the case, saying the law violated his Second Amendment right to bear arms, and cited the U.S. Supreme Court's landmark 2008 Heller decision overturning Washington D.C.'s ban on all handguns.

    An Outagamie County judge said the state's interest outweighed Hermmann's concerns, and noted he could have chosen a regular knife to defend his home. Herrmann was found guilty of a misdemeanor and fined $100, then appealed.

    The District 3 court concluded pretty easily that, if you can keep a gun in your home, you can keep a less-dangerous switchblade.
    http://www.jsonline.com/blogs/news/353200451.html

    Home possession of switchblade knives protected by the Second Amendment by Eugene Volokh at Volokh Conskpiracy
    https://www.washingtonpost.com/news/...ond-amendment/

    "The Wisconsin decision disagrees with the reasoning of a contrary 2015 New Mexico decision, State v. Murillo, but reaches the same result as an Oregon decision from the 1980s, State v. Delgado (decided under the Oregon Constitution’s right-to-bear-arms provision)."

    The decision
    https://www.wicourts.gov/ca/opinion/...f&seqNo=155961

    Some statutes.
    941.24  Possession of switchblade knife.
    (1) Whoever manufactures, sells or offers to sell, transports, purchases, possesses or goes armed with any knife having a blade which opens by pressing a button, spring or other device in the handle or by gravity or by a thrust or movement is guilty of a Class A misdemeanor.
    (2) Within 30 days after April 16, 1959, such knives shall be surrendered to any peace officer.

    175.60(1)(j) “Weapon” means a handgun, an electric weapon, as defined in s. 941.295 (1c) (a), a knife other than a switchblade knife under s. 941.24, or a billy club.
    I am responsible for my writing, not your understanding of it.

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    https://duckduckgo.com/?q=knife+tl-2...ax=1&ia=images

    My 45 y.o. Camillus TL-29 is a bit more legal now with this decision. Hold the folded blade with thumb and forefinger with the hinge in the palm and it will drop open, with the razor-sharp tip positioned for precision work. But it's out in the toolbox.

    My EDC CRKT M16 Z1 was designed as a switchblade and use has smoothed the action. The blade alloy is the nicest I have ever had. The tiny Torx fasteners are about worn out for disassembly-reassembly cleaning, polishing and sharpening. It's better to cherish what you have than have what you want.
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    Regular Member Mainsail's Avatar
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    Wisconsin Courts Rule in Favor of Switchblade Knives....

    ...at least in the home. The Court applied the 2nd Amendment to knives. It's a good start.

    https://www.wicourts.gov/ca/opinion/...f&seqNo=155961

    Cory Herrmann appeals that portion of a judgment convicting him of possession of a switchblade knife, contrary to WIS. STAT. No. 2015AP53-CR2§941.24(1).
    Herrmann argues §941.24(1) is unconstitutional, both facially and as applied to him, because it violates his right to bear arms, as guaranteed by the Second Amendment to the United States Constitution and article I, section 25 of the Wisconsin Constitution.

    We agree with Herrmann that §941.24(1) is unconstitutional as applied to him. We therefore reverse that portion of the judgment convicting Herrmann of possession of a switchblade knife.
    Also relevant is this ruling in Oregon: https://scholar.google.com/scholar_c...94825991926486
    Last edited by Mainsail; 11-25-2015 at 07:22 PM.

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    A terrible decision if you read it .... saying that a New Mexico law of a switchblade being illegal is OK simply because it was possessed outside the home. This WS court seems to think that our RKBA is somehow diminished once we travel through the threshold of our doorways to the outside world.

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    State Researcher lockman's Avatar
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    How do you get the knife to your house?

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    Regular Member Baked on Grease's Avatar
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    Quote Originally Posted by lockman View Post
    How do you get the knife to your house?
    Assuming they don't provide such an exception when the legislature rewrites the law, that will be the next lawsuit.

    Sent from my SM-N910T using Tapatalk
    "A Right Un-exercised is a Right Lost"

    "According to the law, [openly carrying] in a vehicle is against the law if the weapon is concealed" -Flamethrower (think about it....)

    Carrying an XDm 9mm with Hornady Critical Defense hollowpoint. Soon to be carrying a Ruger along with it....

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    Regular Member DeSchaine's Avatar
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    Quote Originally Posted by lockman View Post
    How do you get the knife to your house?
    Disassembled and inside a locked hardcase, probably.
    Guard with jealous attention the public liberty.
    Suspect everyone who approaches that jewel.
    Unfortunately, nothing will preserve it but downright force.
    Whenever you give up that force, you are inevitably ruined.
    -Patrick Henry, Virginia Ratification Convention, June 5, 1788

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    How to get one home? I found mine on the road about seven years ago. I ride a recumbent HPV trike and saw my CRKT M16 Z1 laying in the road. Then I learned about Wisconsin on switchblades.
    I am responsible for my writing, not your understanding of it.

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    Regular Member OC for ME's Avatar
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    Quote Originally Posted by lockman View Post
    How do you get the knife to your house?
    Good question...as yet to be posed to a court.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Quote Originally Posted by OC for ME View Post
    Good question...as yet to be posed to a court.
    The mills of ... justice grind slowly, but exceedingly fine.
    I am responsible for my writing, not your understanding of it.

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    Regular Member sudden valley gunner's Avatar
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    "States Interest" court invented term to rule against rights.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  12. #12
    Regular Member OC for ME's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    "States Interest" court invented term to rule against rights.
    Close...judges need a convoluted "legal" system. If they, the judges that is, used common sense they would be knocking off cases left and right with dockets being virtually devoid of scheduled cases. There is no fun in presiding over petty thefts and capital crimes...yepper, civil/constitutional questions, that's where their legacies are determined.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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