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Thread: Would this be legal to carry?

  1. #1
    Regular Member xmanhockey7's Avatar
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    Would this be legal to carry?

    I know someone who has a Kershaw Scallion knife. We got to talking about whether it would be legal to carry in Michigan (he is from Indiana) because of 750.226a.
    750.226a Pocket knife opened by mechanical device; unlawful sale or possession; persons exempted.
    Sec. 226a. Any person who shall sell or offer to sell, or any person who shall have in his possession any knife having the appearance of a pocket knife, the blade or blades of which can be opened by the flick of a button, pressure on a handle or other mechanical contrivance shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for not to exceed 1 year or by a fine of not to exceed $300.00, or both.
    The provisions of this section shall not apply to any one-armed person carrying a knife on his person in connection with his living requirements.
    Here is a video showing how it opens http://www.youtube.com/watch?v=uu-D7jYlUok It's not really a button or mechanical way to get the knife to deploy but simply pressure put on the back of the blade that has a little metal on the back so you can open it.

    And I do realize localities can regulate knifes as they are not preempted.
    Last edited by xmanhockey7; 12-21-2011 at 02:56 PM.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  2. #2
    Regular Member HKcarrier's Avatar
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    Define mechanical means.


    I sure hope not.. I love my assisted opener....
    When you put the gun in the holster, put the ego in the gun safe.

  3. #3
    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by HKcarrier View Post
    Define mechanical means.


    I sure hope not.. I love my assisted opener....
    What came to my mind was what is "mechanical means". It seems to me this would be legal and I would like to get that exact knife after seeing my friends.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  4. #4
    Campaign Veteran RabbiVJ's Avatar
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    ive always wondered that too. ive heard cases on both sides of the state that even tho kershaw wrote a letter to the judge STATING that its not a switchblade the judge being a d-bag found the person guilty of carrying a switchblade and another judge stated that AO blades are not switchblades. The law is rediculously vague...whats funny is that AO blades are legal in Canada. This is per MEMORANDUM D19-13-2 of the CBSA. The only exception is that if it can be open centrifugally, your boned.

    23. Torsion bar assisted-opening knives (folding knife, speed-safe knife, spring-assisted knife) – Folding knives
    that use an internal “torsion bar” to assist in opening them
    with one hand. The heart of this opening system is the
    torsion bar in the handle of the knife. In order to open the
    knife, the user must apply manual pressure to a thumb stud
    or other protrusion on the blade, thereby overcoming the
    resistance of the torsion bar. After the blade is moved
    partially out of the handle by this manual pressure, the
    torsion bar takes over.
    24. In some cases, torsion bar assisted-opening knives can
    be opened automatically by gravity or centrifugal force. If
    this is the case, these knives would fall within the definition
    of prohibited weapon, and be prohibited under TI 9898.00.00
    unless an exemption in that tariff item applies.
    I had a knife confiscated by CBSA in 2006 because I didnt know about the centrifugal piece of the law...
    -NRA Member, GSSF Member, GeorgiaCarry Member, Glock Certified Armorer, Glock 30SF, STI Elektra, M&P9c, NAA Black Widow .22 WMR
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  5. #5
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    I dont know about a torsion bar, but all of my knives open with a flick of the thumb.

  6. #6
    Regular Member insanebuddy720's Avatar
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    I used to have a gerber F.A.S.T. draw knife (Forward Assisted Spring Tension). Inside the box it came in was a sheet of paper describing the difference between the FAST system and a switchblade. Basically as I understand it, a switchblade u push a button that opens the knife. Now the gerber FAST draw u actually touch the backside of the blade (a little lip is what u push) and that moves it forward using springs. As I understand it because u are actually pushing the blade and the springs take over its not a switchblade. It looks likethe kershaw has a similar system to the gerber. I now carry a benchmade griptillian.
    ”To disarm the people is the best and most effectual way to enslave them.”
    -George Mason

    http://www.youtube.com/watch?v=qqVeXbBdSOQ
    http://www.youtube.com/watch?v=WbD2zsar7Ps
    http://www.youtube.com/watch?v=NEqkDABoddM

  7. #7
    Regular Member Ezerharden's Avatar
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    AO knives

    I have carried a SOG Trident AO knife for years and the only thing the police have ever asked me about it was where to get one.
    Last edited by Ezerharden; 12-22-2011 at 02:52 AM.

  8. #8
    Campaign Veteran Glock9mmOldStyle's Avatar
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    Exclamation Please remember KNIVES ARE NOT COVERED UNDER PREEMPTION!

    Carry a pistol & a knife in the wrong po-dunk town & you could be in for some trouble......just saying......
    “A government that does not trust it’s law-abiding citizens to keep and bear arms is itself unworthy of trust.” James Madison.

    “Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.” “The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.” George Washington

  9. #9
    Regular Member NHCGRPR45's Avatar
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    Yup.
    But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Declaration of Independence July 4, 1776

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