"Auto" knife for non LEO

[charlie12]

Well I am in the military and i bought a auto and had to let them copy my military ID and it went in to a system. the guy told me the next time I would not have to do all this again. He was right the next time I bought one they said here you are in the system which one would you like. When i bought mine he had said you need to be either in the military , policeman, fireman thats it.

So what happenes when you get out of the military? Is then the knife illegal?

 

[mcinfantry]

So what happenes when you get out of the military? Is then the knife illegal?

in louisiana it is.

 

[Mr_Willson]

I got a 5 dollar auto knife / lighter from a gun show....they still sell them there .

pretty neat...although the lighter part broked

its like a switch blade that can be sprung out and returned just by a single switch

 

[Quickdraw22]

I thought I read that an auto under 2" was legal. Maybe I'm a complete moron, but the title of the knife read "california legal", so it MUST be legal here

I'll try to find one, but can anyone attest to it being legal if blade length is under 2"??

Dave

 

[mcinfantry]

not in louisiana.

 

[Mr_Willson]

I thought I read that an auto under 2" was legal. Maybe I'm a complete moron, but the title of the knife read "california legal", so it MUST be legal here

I'll try to find one, but can anyone attest to it being legal if blade length is under 2"??

Dave

that must be why I was able to get mine without any kind of check...its like 1 1/2 inch blade.

but then again it is more of a cheap trinket. even though it can still stab stuff

 

[Jon]

that must be why I was able to get mine without any kind of check...its like 1 1/2 inch blade.

but then again it is more of a cheap trinket. even though it can still stab stuff

Alot of places online will sell them with no Id but have a note on the bottom of the screen to observe all local laws, etc.

 

[spanky]

I thought I read that an auto under 2" was legal. Maybe I'm a complete moron, but the title of the knife read "california legal", so it MUST be legal here

I'll try to find one, but can anyone attest to it being legal if blade length is under 2"??

Dave

pretty sure that's a cali law

 

[spanky]

i'll have to check into that a little futher...

Evidently I was mistaken

http://www.legis.state.la.us/lss/lss.asp?doc=78739

RS 14:95

§95. Illegal carrying of weapons

A. Illegal carrying of weapons is:

(1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person; or

(2) The ownership, possession, custody or use of any firearm, or other instrumentality customarily used as a dangerous weapon, at any time by an enemy alien; or

(3) The ownership, possession, custody or use of any tools, or dynamite, or nitroglycerine, or explosives, or other instrumentality customarily used by thieves or burglars at any time by any person with the intent to commit a crime; or

(4) The manufacture, ownership, possession, custody or use of any switchblade knife, spring knife or other knife or similar instrument having a blade which may be automatically unfolded or extended from a handle by the manipulation of a button, switch, latch or similar contrivance.

 

[mcinfantry]

spanky, ive been saying that. if you look at the law in its entirety even LEO is not exempt

(b) The provisions of this Paragraph shall not apply to:

(i) A peace officer as defined by R.S. 14:30(B) in the performance of his official duties.

(ii) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.

(iii) Any person having the written permission of the principal or school board and engaged in competition or in marksmanship or safety instruction.

B.(1) Whoever commits the crime of illegal carrying of weapons shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.

(2) Whoever commits the crime of illegal carrying of weapons with any firearm used in the commission of a crime of violence as defined in R.S. 14:2(B), shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than two years, or both. Any sentence issued pursuant to the provisions of this Paragraph and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(B) shall be served consecutively.


E. If the offender uses, possesses, or has under his immediate control any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, while committing or attempting to commit a crime of violence or while in the possession of or during the sale or distribution of a controlled dangerous substance, the offender shall be fined not more than ten thousand dollars and imprisoned at hard labor for not less than five nor more than ten years without the benefit of probation, parole, or suspension of sentence. Upon a second or subsequent conviction, the offender shall be imprisoned at hard labor for not less than twenty years nor more than thirty years without the benefit of probation, parole, or suspension of sentence.


G.(1) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to sheriffs and their deputies, state and city police, constables and town marshals, or persons vested with police power when in the actual discharge of official duties. These provisions shall not apply to sheriffs and their deputies and state and city police who are not actually discharging their official duties, provided that such persons are full time, active, and certified by the Council on Peace Officer Standards and Training and have on their persons valid identification as duly commissioned law enforcement officers.

(2) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to any law enforcement officer who is retired from full-time active law enforcement service with at least twelve years service upon retirement, nor shall it apply to any enforcement officer of the office of state parks, in the Department of Culture, Recreation and Tourism who is retired from active duty as an enforcement officer, provided that such retired officers have on their persons valid identification as retired law enforcement officers, which identification shall be provided by the entity which employed the officer prior to his or her public retirement. The retired law enforcement officer must be qualified annually in the use of firearms by the Council on Peace Officer Standards and Training and have proof of such qualification. This exception shall not apply to such officers who are medically retired based upon any mental impairment.

(3)(a) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to active or retired reserve or auxiliary law enforcement officers qualified annually by the Council on Peace Officer Standards and Training and who have on their person valid identification as active or retired reserve law or auxiliary municipal police officers. The active or retired reserve or auxiliary municipal police officer shall be qualified annually in the use of firearms by the Council on Peace Officer Standards and Training and have proof of such certification.

(b) For the purposes of this Paragraph, a reserve or auxiliary municipal police officer shall be defined as a volunteer, non-regular, sworn member of a law enforcement agency who serves with or without compensation and has regular police powers while functioning as such agency's representative, and who participates on a regular basis in agency activities including, but not limited to those pertaining to crime prevention or control, and the preservation of the peace and enforcement of the law.

H. The provisions of this Section shall not prohibit active justices or judges of the supreme court, courts of appeal, district courts, parish courts, juvenile courts, family courts, city courts, and traffic courts, constables, coroners, district attorneys and designated assistant district attorneys, and justices of the peace from possessing and concealing a handgun on their person when the justice or judge, constable, coroner, district attorneys and designated assistant district attorneys, or justice of the peace is certified by the Council on Peace Officer Standards and Training.

I. The provisions of this Section shall not prohibit the carrying of a concealed handgun by a person who is a college or university police officer under the provisions of R.S. 17:1805 and who is carrying a concealed handgun in accordance with the provisions of that statute.

J. The provisions of this Section shall not prohibit the ownership of rescue knives by commissioned full-time law enforcement officers. The provisions of this Section shall not prohibit the carrying of rescue knives by commissioned full-time law enforcement officers who are in the actual discharge of their official duties. The provisions of this Section shall not prohibit the sale of rescue knives to commissioned full-time law enforcement officers. The provisions of this Section shall not prohibit the ownership or possession of rescue knives by merchants who own or possess the knives solely as inventory to be offered for sale to commissioned full-time law enforcement officers. As used in this Subsection, a "rescue knife" is a folding knife, which can be readily and easily opened with one hand and which has at least one blade which is designed to be used to free individuals who are trapped by automobile seat belts, or at least one blade which is designed for a similar purpose. No blade of a rescue knife shall exceed five inches in length.


(2) The retired justice or judge shall be qualified annually in the use of firearms by the Council on Peace Officer Standards and Training and have proof of such certification. However, this Subsection shall not apply to a retired justice or judge who is medically retired based upon any mental impairment.

 

[spanky]

According to that they can have them only when on duty. Is that what you're saying?

 

[spanky]

(b) The provisions of this Paragraph shall not apply to:

(i) A peace officer as defined by R.S. 14:30(B) in the performance of his official duties.

(ii) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.

 

[mcinfantry]

no, according to what i read, they can have ALL weapons in the section in performance of their duties. as in evidence/training. i never carried one because i dont think its legal, nor clear.

if they wanted cops to have them they would NOT HAVE THE "except paragraph 4 subsection A"

if you use the confusing part you quoted, then that means

(b) The provisions of this Paragraph shall not apply to:

(i) A peace officer as defined by R.S. 14:30(B) in the performance of his official duties.

(ii) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.

(iii) Any person having the written permission of the principal or school board and engaged in competition or in marksmanship or safety instruction.

that means students, teachers AND employees can carry weapons, and explosives too.

 

[spanky]

no, according to what i read, they can have ALL weapons in the section in performance of their duties. as in evidence/training. i never carried one because i dont think its legal, nor clear.

if they wanted cops to have them they would NOT HAVE THE "except paragraph 4 subsection A"

if you use the confusing part you quoted, then that means


that means students, teachers AND employees can carry weapons, and explosives too.

Word.

 

[mcinfantry]

ok spanky, i had a chance to look at it again

5)(a) The intentional possession or use by any person of a dangerous weapon on a school campus during regular school hours or on a school bus. "School" means any elementary, secondary, high school, or vo-tech school in this state and "campus" means all facilities and property within the boundary of the school property. "School bus" means any motor bus being used to transport children to and from school or in connection with school activities.

(b) The provisions of this Paragraph shall not apply to:

(i) A peace officer as defined by R.S. 14:30(B) in the performance of his official duties.

(ii) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.

(iii) Any person having the written permission of the principal or school board and engaged in competition or in marksmanship or safety instruction.

5 (FIVE) is the paragraph that (b) is addressing.... i.e. the police can carry on SCHOOL campus

 

[Bladebu1]

I think to own one in your own house
and to carry are two diffenrt things
I think in your own home You can own one But I think if you were to step out your door with it in your pocket is entirely different
I own and Auto But I have not , nor will I ever carry it
I have a few assited opening knifes legal in most states to carry
I almost always have a knife
and now that I am old and unable to beat someones a$$ out right I carry one to protect only along with normal use but kept razor sharpe right now I use a SCHOTF Schrade a assited OTF with a simple 3 1/3 blade

 

[Ben Segrest]

A good benchmade, blue or black class, will open almost as fast and easily as an auto knife. With some, you can hook the thumb stud on your pocket and have the knife open by the time it clears your pocket. I have never been a fan of those "assisted opening" knives.

 

[tmlowe]

I have an assisted opening and I have had a few LEO question me about it, but just asking where I bought it. Don't be a douche and many won't care.

 

[LongRange]

Anyone with "arrest" capabilities is a peace officer, and any citizen can conduct a citizens arrest.. sooo , any citizen is also a peace officer by the definitions of the state and R.S 14:30.

the difference between the authority of citizens and peace officers is that while citizens can make
arrests, they do not have the authority to make an investigatory stop based on reasonable suspicion.
If you’re acting as a citizen, you cannot stop someone to investigate a crime in the absence of
probable cause to arrest.

I wouldnt try and argue this tho, you would more than likely lose at the lower judicial levels.