Wisconsin Knives

Discussion in '2nd Amendment' started by perotter, Nov 27, 2015.

  1. An appeals court in Wisconsin ruled this week that knives are covered under the 2nd and that the Wisconsin law that prohibits switchblades and gravity knifes is unconstitutional.

    Very timely in that they got law thrown out just in time for Christmas.



    "The State claims the statute’s purpose is to protect against possibly lethal surprise attacks, but, the court says, it “cites no evidence to establish that the danger actually exists to any significant degree.”"

    "the court does helpfully emphasize that the State bears the burden of justifying restrictions on Second Amendment rights: “Notably, a law challenged on Second Amendment grounds is not presumed constitutional, see Ezell, 651 F.3d at 706 (citing Heller, 554 U.S. at 628 n.27), and the burden is on the government to establish the law’s constitutionality,…” (¶11). If you’re litigating a Second Amendment issue and fighting with the State over the level of scrutiny, we recommend you consult Herrmann’s briefs in this case, particularly his reply to the AG"

    "As another court has held, however, “the core right to possess a protected weapon in the home for self-defense necessarily entails the right, subject to reasonable regulation, to engage in activities necessary to enable possession in the home,”"


    http://jurist.org/paperchase/2015/1...nd-amendment-protection-extends-to-knives.php

    http://www.wisconsinappeals.net/on-...esnt-apply-to-possession-by-a-person-at-home/
     
  2. Of interest in certain other cases for more fully restoring the 2nd, the court had this to say in it's decision. It helps remove the idea that any new types of arms or older arms that have been heavily restricted(class 3) can be restricted more than any other arm.

    The court had this in there because the state said that switchblades could be ban because they were only a sub-type of knives.

    "Although the Heller Court emphasized that handguns are frequently used for self defense, we do not think Heller can be read to create different levels of protection for different types of arms that fall under the Second Amendment, based on their popularity. In addition, it is not particularly surprising that handguns are more prevalent than switchblades, given that
    switchblades were banned or severely restricted in many states, including Wisconsin, beginning in the late 1950s and early 1960s."
     

  3. undeRGRound

    undeRGRound ROLL wif Da MOLE! Supporting Member

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    We just got switchblades and SBS (short barrel shotguns) recently in Indiana.
    SBS was 7/15/15, knives were a couple years back.
     
  4. EvilE424

    EvilE424 Death to Dishonor Lifetime Supporter

    We can "own" the knives but can't carry them - ND is known for being fun wreckers. Here's the restriction on carry knives: (Bullsh!t on the sabers and swords - that would be way too much fun to go all "Highlander" on someone).

    It is illegal to conceal carry a gravity knife or switchblade
    It is illegal to conceal carry a machete
    It is illegal to conceal carry a scimitar, backsword, or sabre
    It is illegal to conceal carry a stiletto
    It is illegal to conceal carry a sword
    It is illegal to conceal carry a dirk or dagger
    It is illegal to conceal carry any knife with a blade 5 inches or longer
    It is legal to open carry any type of knife
     
  5. As far as I know here in Minnesota one can carry a gravity knife, but not a switchblade. For the last 15-20 years, at least, switchblades have been legal to own and maybe have always been. I have a friend who collects them(100s of them) and has a nice display case for them.

    I lost most of my interest in switchblades when I was a teen. I do like gravity knives, but have never carried one as they are heavy. About the only knives I ever carry are either a folding utility knife or a Coleman fork, spoon, knife, can opener one.
     
  6. Rachgier

    Rachgier Administrator Staff Member

    I used to be in to knives as a young Marine. Lost interest as time went on but now my kids are interested in them. I'll probably end up picking the collective HPFF hive mind for information in the near future.
     
  7. moona11

    moona11 King of you Monkeys Lifetime Supporter

    Here's the kicker for ND only LEO's or CCW can carry concealed switch blades gravity knives, longer than 5 inch etc... its confusing to a lot of people but get your ccw and your safe to carry here.
     
  8. Last weekend Gov. Walker signed into law the bill that gets rid of Wisconsin's auto knife ban. Also parts of the bill was making the government allow constitutional concealed carry(etc) of shape object if one is allow to have a firearm.

    Also, Gov. Walker is also now an owner of switchblade himself. As are the 2 legislators that introduced the new law.

    I really didn't expect them to act so fast and haven't sent/delivered those Christmas knives to kith and kin.
     
  9. undeRGRound

    undeRGRound ROLL wif Da MOLE! Supporting Member

    25,370
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    INDY
    All You Need is
    BLADE MoMMA!

    https://www.youtube.com/channel/UCnqc4GninsHckq9ZuhWO5SQ

    [ame]https://www.youtube.com/watch?v=-qURR-nTGQ8[/ame]

    She's Beautiful, Blade-Savvy, and oh, yeah... Busty ;) :D
     
  10. lsi1

    lsi1 Member

    1,644
    1
    would someone please go over there and stuff a garden hose in his burrow? We gotta calm him down before he starts humping the furniture again.