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View Full Version : Heller and CA Knife Laws & Local Ordinances


Paladin
08-15-2008, 8:48 AM
What impact will Heller have on our knife laws & local ordinances?

I know that in several cities I regularly visit, they ban carry of knives w/3" inch or longer blades.

Is anyone (here? on other forums? (Are there CA knife forums?)), contemplating post-incorporation Heller lawsuits to challenge our draconian knife laws?

tgriffin
08-15-2008, 8:59 AM
What impact will Heller have on our knife laws & local ordinances?

I know that in several cities I regularly visit, they ban carry of knives w/3" inch or longer blades.

Is anyone (here? on other forums? (Are there CA knife forums?)), contemplating post-incorporation Heller lawsuits to challenge our draconian knife laws?

Interesting concept to consider, but I'm unsure on what grounds they could be challenged with regards to Heller. One could argue that arms could be interprited to extend to blades as they were in common military usage at the time, but I fear that argument has more holes in it than a Danaides' sieve.

I fear that this will be a fight won on the backs of case law and equal protection versus a Heller magic bullet.

Paladin
08-16-2008, 6:35 AM
One could argue that arms could be interprited to extend to blades as they were in common military usage at the time, but I fear that argument has more holes in it than a Danaides' sieve. Such as?

hoffmang
08-16-2008, 11:25 AM
All this is post incorporation of course.

Knives are the gun control movement's unprotected flank. There are lots of opportunities to turn local knife ordinances into good Second Amendment decisions.

-Gene

Draven
08-16-2008, 1:34 PM
It is certainly a valid point, considering the open carry of knives with 24" blades (aka 'swords') was common when the constitution was written.... and carrying a cane sword was a gentleman's way of carrying...

bulgron
08-16-2008, 3:02 PM
Heller made it clear that it is unconstitutional to ban commonly used arms of the day.

Knives of all types are commonly owned and carried within the United States. They are carried as a tool but also as a self-defense weapon should circumstances require it.

Civilians, Police and Military all carry knives of all types and sizes. So they are a "commonly carried arm.".

For this reason, knives should fall under the same protection as firearms receive from the 2A (whatever that protection might happen to be once the dust settles).

Just the opinion of a layman, of course. But that's the way I see it.

GuyW
08-16-2008, 3:11 PM
So called dirks and daggers are military weapons as well. It'll be great when the libs in Sacto have to vote to change their unconstitutional laws...

dwa
08-16-2008, 3:47 PM
i would think if ou were going to restict blades there would be a greater argument for haveing a minimum length allowed, ie no blades shorter than 3''