Post questions here about open and concealed carry, as well as general law questions.
 #102952  by Tate
 
Ok Guys I know it's been talked about on here before but I have found some new info and wanted opinions on Auto knives, I've been wanting to purchase a Microtech for a while now.

Delaware Law reads:

222. General definitions... (6) "Deadly weapon" includes... a knife of any sort (other than an ordinary pocketknife carried in a closed position), switchblade knife... razor... or any other dangerous instrument. For the purpose of this definition, an ordinary pocketknife shall be a folding knife having a blade not more than 3 inches in length.

(Which to me says, all knives including Switchblades are Deadly Weapons, unless the knife is less than 3 inches and a folder.)

Then it reads:

- Chapter 11 Section 1442. A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so... a class G felony...

(This allows me to carry a Concealed Deadly Weapon with a license, which I have. Delaware Law above states that all knives including switchblades are considered deadly weapons.)

Then the law reads:

Chapter 11 Section 1446. A person is guilty of unlawfully dealing with a switchblade knife when he sells, offers for sale or has in his possession a knife, the blade of which is released by a spring mechanism or by gravity... an unclassified misdemeanor.

(So it says possession of a switchblade is illegal, but the law above it says that I can carry a deadly weapon with a permit, and in Delaware any knife including a switchblade is considered a deadly weapon.)

Then I found this on Switchblades Wiki:
Delaware- Legal - Permit required to purchase -State Code: Crimes & Criminal Procedure - Chapter 11 Section 222
Limited - Concealed Carry only allowed with Dangerous Weapons Carry Permit. -State Code: Chapter 11 Section 

And on KnifeRights.org it states:
Delaware* (possession requires CCW)

So what do you think?
 #102954  by Owen
 
I know that spring assisted knives are not classified as a switchblade because you flick it open. But length does matter if it's in your pocket and be careful because I've heard that a cop could measure the whole blade from the handle not just the sharpened part.
 #103293  by NCC
 
Tate wrote: So what do you think?
Hi Tate,

I saw this a while back and just hunted it up. Obviously the gun folks here were unable to help but I was wondering if you found anything else out about this? Maybe somewhere else?

I was just going through some stuff I had put away and came across an Italian made knife of this order with a 6" blade. I forgot about it, from back in my time in the Army back in the 70's. It has a Ranger insignia on one side of the "pearl" handle and on the other side a Army Special Forces distinctive unit insignia.

I would not carry it, I have many more knives that are much more reliable such as the BFK and the Vaquero, both with 5+ inch blades. (Some say I am compensating, but remember these do fold in half. ;o)

To Owen: In most states I know of, the the folding knife blade length starts at the top of the bolster, when opened, sharpened or not. In this case it is a 6" blade where 5" has been sharpened.
Last edited by NCC on Wed Dec 31, 2014 9:39 am, edited 1 time in total.
 #103294  by astro_wanabe
 
Just because you have a license to carry a broad category of weapons doesn't mean you're immune from all restrictions on parts of that category. We can carry concealed deadly weapons with a CCDW, but we still can't own or carry machine guns because that's prohibited by a different code section. Likewise, we can't possess a firearm with an obliterated serial number because that's also prohibited by a separate section. I'm not aware of anything in the code stating that your CCDW license makes you immune to restrictions on possession of specific types of weaponry. It's just a defense to the crime of carrying a deadly weapon concealed. The deadly weapons you carry with your CCDW must themselves still be legal to possess.

Where two laws overlap, I always assume that by default the more restrictive or specific of them is controlling. In this case, your CCDW probably doesn't matter since you can't posses the knife in the first place, so trying to conceal it would be pointless. Have to hold it in your hand before you can put it in your pocket. The knife section is both more restrictive and more specific than the broad CCDW license section.

Of course, IANAL though...
 #103358  by Owen
 
A point of clarification on the spring assist knives (Kershaw and like). Part of the reason they are legal is that you have to touch the blade (the back) to open it. I am not sure that the knife you are looking at does this or not. I got this from a Court Police officer that asked "his" judge.