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Benchmade Switchblades

jerg_064

Regular Member
Joined
Dec 3, 2008
Messages
126
Location
Warner Robins, Georgia, USA
imported post

I was looking into getting an ACOG for my issued M16A2 since I'm over here in the desert and was looking for good deals. I found some great deals with alot extra off for Mil/LE on Militarywarfighter.com, but I also found another interesting thing about knifes.

They have "Benchmade knives" on their site that are switch blades, or just spring loaded. These are restricted to Mil/LE only in all states.......Except one, Oregon! I went to the actual "Benchmade" site to read up more on this, and though it doesn't state a reason 'why'. You can buy one of these with an Oregon DL or other form of Oregon ID.... Why is Oregon the only state that allows switchblade knives to civilians???
 

ccwinstructor

Centurion
Joined
Jul 11, 2008
Messages
919
Location
Yuma, Arizona, USA
imported post

jerg_064 wrote:
I was looking into getting an ACOG for my issued M16A2 since I'm over here in the desert and was looking for good deals. I found some great deals with alot extra off for Mil/LE on Militarywarfighter.com, but I also found another interesting thing about knifes.

They have "Benchmade knives" on their site that are switch blades, or just spring loaded. These are restricted to Mil/LE only in all states.......Except one, Oregon! I went to the actual "Benchmade" site to read up more on this, and though it doesn't state a reason 'why'. You can buy one of these with an Oregon DL or other form of Oregon ID.... Why is Oregon the only state that allows switchblade knives to civilians???

First, remember the police are civilians. There are, last I heard, seven states do not outlaw switchblade knives. These stupid laws come from the play/movie "West Side Story", which showed gangs using switchblade knives. Very stupid to make legislation based on fiction, but after that we had bans on nunchucks based on Bruce Lee movies, then the "assault weapon" ban , some say based on Miami Vice.

These laws are what I call "trendy laws". A legislator in some nanny state manages to pass a stupid law, and other legilators think they can get some credit for doing the same. It is kind of like a feeding frenzy.

The Feds put a ban on importation of switchblades, and even on shipping them interstate, I think. All this is subject to change with the Heller decision, given enough time.

Here in Arizona we can legally own and carry switchblaces, but some localities may have laws against carrying them.
 

DenWin

Regular Member
Joined
Aug 19, 2008
Messages
160
Location
San Francisco, CA
imported post

Here's the law:

166.240 Carrying of concealed weapons. (1) Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor.[/b]

(2) Nothing in subsection (1) of this section applies to any peace officer as defined in ORS 133.005, whose duty it is to serve process or make arrests. Justice courts have concurrent jurisdiction to try any person charged with violating any of the provisions of subsection (1) of this section.

I don't find anything else about automatic knives in the ORS. Basically, as long as you don't conceal unless you are a peace officer, it's legal. And be careful with the automatic knives (technically, Switchblade is a trademark :p). I've been to Iraq twice, and each time coming back through customs some one gets it confiscated. But yes, the benchmade Infidel is freaking AWSOME! I also have the auto from Blackhawk, the Triton. Good luck with it :celebrate
 

Blacryan

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Joined
Nov 14, 2007
Messages
13
Location
, ,
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So wait... I am a Oregon resident, I cant put a Kershaw or Benchmade knife in my pocket and carry it legally? I can legally carry a handgun but not a knife? Hmm...
 

Jared

Regular Member
Joined
Jul 8, 2006
Messages
892
Location
Michigan, USA
imported post

Blacryan wrote:
So wait... I am a Oregon resident, I cant put a Kershaw or Benchmade knife in my pocket and carry it legally? I can legally carry a handgun but not a knife? Hmm...
Correct, In Oregon, carrying any blade openly is protected by the state constitution. State v Delgado specifically deals with automatic knives. You may carry any of them openly anywhere in the state except for public buildings; however, if you have a CHL, you are exempt from the public building law and you may carry blades openly in those locations.
 

Blacryan

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Joined
Nov 14, 2007
Messages
13
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Jared wrote:
Blacryan wrote:
So wait... I am a Oregon resident, I cant put a Kershaw or Benchmade knife in my pocket and carry it legally? I can legally carry a handgun but not a knife? Hmm...
Correct, In Oregon, carrying any blade openly is protected by the state constitution. State v Delgado specifically deals with automatic knives. You may carry any of them openly anywhere in the state except for public buildings; however, if you have a CHL, you are exempt from the public building law and you may carry blades openly in those locations.

Ok great. So my final question, as far as blades go, what is considered carrying 'openly' having it clipped to my jeans pocket halfway covered by my shirt is that concealed or open? Does it have to be in completely plain view as if my shirt were tucked in?



thanks.
 

SlackwareRobert

Regular Member
Joined
Jun 10, 2008
Messages
1,338
Location
Alabama, ,
imported post

DenWin wrote:
Here's the law:

I don't find anything else about automatic knives in the ORS. Basically, as long as you don't conceal unless you are a peace officer, it's legal. And be careful with the automatic knives (technically, Switchblade is a trademark :p). I've been to Iraq twice, and each time coming back through customs some one gets it confiscated. But yes, the benchmade Infidel is freaking AWSOME! I also have the
Do not our military in IRAQ qualify now. Hasn't BHO said they need to read the
criminals their rights when arrested on the battlefield?

If they are not being arrested by the soldiers, then why the miranda warnings?
And if they are not empowered to arrest then why do they need to notify the crook,
of their rights?

Lets start a customs bashing thread:banghead::banghead::banghead:
 

Dannny L

Regular Member
Joined
Jul 10, 2008
Messages
25
Location
, ,
imported post

Jared wrote:
Blacryan wrote:
So wait... I am a Oregon resident, I cant put a Kershaw or Benchmade knife in my pocket and carry it legally? I can legally carry a handgun but not a knife? Hmm...
Correct, In Oregon, carrying any blade openly is protected by the state constitution. State v Delgado specifically deals with automatic knives. You may carry any of them openly anywhere in the state except for public buildings; however, if you have a CHL, you are exempt from the public building law and you may carry blades openly in those locations.

I'm not sure but you might check the laws again. A CHL only pertains to handguns and
not any other weapon. That's why the license are called Conceal Handgun License in Oregon, not Concealed Weapon License. I could be wrong on this though.
 

Xader

Regular Member
Joined
Jul 30, 2009
Messages
70
Location
, Oregon, USA
imported post

Dannny L wrote:
Jared wrote:
Blacryan wrote:
So wait... I am a Oregon resident, I cant put a Kershaw or Benchmade knife in my pocket and carry it legally? I can legally carry a handgun but not a knife? Hmm...
Correct, In Oregon, carrying any blade openly is protected by the state constitution. State v Delgado specifically deals with automatic knives. You may carry any of them openly anywhere in the state except for public buildings; however, if you have a CHL, you are exempt from the public building law and you may carry blades openly in those locations.

I'm not sure but you might check the laws again. A CHL only pertains to handguns and
not any other weapon. That's why the license are called Conceal Handgun License in Oregon, not Concealed Weapon License. I could be wrong on this though.
Actually, you're exactly right. Thats why it's a CHL

And automatic knives are legal to carry unconcealed. The definition of "cocealment" in this case is somewhat vague. It depends on the LEO. Some may say the clip outside your pocket constitutes "visible", whilst some may require the grip itself to be exposed.
 

Heartless_Conservative

Regular Member
Joined
Oct 3, 2007
Messages
269
Location
, Oregon, USA
imported post

Dannny L wrote:
Jared wrote:
Blacryan wrote:
So wait... I am a Oregon resident, I cant put a Kershaw or Benchmade knife in my pocket and carry it legally? I can legally carry a handgun but not a knife? Hmm...
Correct, In Oregon, carrying any blade openly is protected by the state constitution. State v Delgado specifically deals with automatic knives. You may carry any of them openly anywhere in the state except for public buildings; however, if you have a CHL, you are exempt from the public building law and you may carry blades openly in those locations.

I'm not sure but you might check the laws again. A CHL only pertains to handguns and
not any other weapon. That's why the license are called Conceal Handgun License in Oregon, not Concealed Weapon License. I could be wrong on this though.
The concealed knives/other weapons statute is separate from the concealed firearms statute, but the weapons in public buildings statute lumps all weapons together, and specifically exempts CHL holders. So you're half right. No concealing knives/other weapons, even with a permit, but if you have a permit the ban in public buildings (for all weapons) doesn't apply.
 
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