Louisiana Law regarding auto-opening knives

[gunz4me]

I know that LRS 14:95 §95. Illegal carrying of weapons addresses switchblades in Part A paragraph 4 which reads "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.", BUT, I always wondered how this rule applied to collections?

I ask because I thought it was ok to collect such items as long as they are not "carried".

 

[penguin]

I'm tired and it's late so DO NOT take this as a full reply. I just did a real quick AG search and will follow up tomorrow:

November 12, 1999
OPINION NO. 99-332

Chief Terry L. Farmer
Port Vincent Police Department
18235 La. Hwy. 16
Port Vincent, La. 70726

Dear Chief Farmer:

The office of the Attorney General has received your request for an opinion concerning La. R.S. 14:95, which prohibits knives classified as switchblades in subsection (A)(4), and which restricts the possession of knives classified as rescue knives to only law enforcement officers in subsection (J). In particular, you asked whether knives which can be opened with one hand by pushing a button are prohibited under either subsection of La. R.S. 14:95. In response to your request, our answer is two-fold.

First, the statute refers to a “button, latch or similar contrivance” used to release a switchblade. La. R.S. 14:95 (A)(4) further describes a switchblade as an instrument “having a blade which may be automatically unfolded or extended from the handle. . .” (Emphasis added.) Because the statute requires that the knife blade must be released automatically, this requirement reasonably implies that the “button, latch or similar contrivance” must be aided by a spring or similar mechanism. The knife that you described in your opinion request is opened manually, not automatically, in that there was no indication that the knife contained a spring or similar mechanism. Accordingly, it is our opinion that La. R.S. 14:95 (A)(4) prohibits only knives with spring-like mechanisms.

Second, the statute also restricts the ownership of rescue knives to full-time law enforcement officers. See La. R.S. 14:95 (J). This provision contains a three-part definition of a rescue knife as a knife that: 1) folds, 2) is readily and easily opened with one hand, and 3) has at least one blade that is designed to be used to free individuals who are trapped by vehicular seat belts, or contains at least one blade that is designed for a similar purpose. The statute does not define what the blade must actually look like.

The only case on the subject is State v. Robinson, 563 So.2d 477 (La. Ct. App. 1 Cir. 1990), which held that a butterfly knife did not fall within the ambit of La. R.S. 14:95 because it was not considered a switchblade. The court further noted that

PAGE TWO
OPINION NO. 99-332

while a butterfly knife is a folding knife that can be easily and readily opened with one hand, it was also not considered a rescue knife. In relation to the present inquiry, the determinative issue in deciding whether a knife is a rescue knife is whether the knife blade is designed for the specific purpose of freeing individuals who are trapped in motor vehicles. The fact that a knife is manually operated with a button does not alone affect its classification as a rescue knife under subsection (J), as explained above.

In conclusion, it is the opinion of this office that a knife operated manually by a button without any spring mechanism is not prohibited either by La. R.S. 14:95 (A)(4) or (J).

If this office may offer further assistance, please contact us again. With warmest regards, I remain

Sincerely,

RICHARD IEYOUB
Attorney General

Again, I'm tired so I haven't checked relevant law concerning this opinion (on any changes to the statute) so don't take this as my answer. Rather, just some info.

 

[Vermiform]

I have heard it said on different forums that Kershaw leeks and SOG assisted openers (and the like) are not considered switchblades in most states because you are actually exerting force on the blade itself to begin the opening mechanism. There is no button, latch or mechanical switch to push.

This does not mean however that you can not be arrested for carrying one by a LEO who interprets the law differently. You may beat it in court and set precident for all of us, but how much is it going to cost you in lawyer fees?

 

[gunz4me]

Damn, I guess I should be glad that I lost the Pro-Tech knife pictured with my 1911 in a boating accident

 

[McMedic]

Damn, I guess I should be glad that I lost the Pro-Tech knife pictured with my 1911 in a boating accident

What a coincidence, I lost 3 Benchmades the same way.

 

[charlie12]

I know Terry Farmer too bad he's not in LE anymore he was a good Chief.

 

[Richierich]

All research and people i have talked to say the spring assisted opening knives are ok just not the fully auto opening knives. Cabela's does sell the fully auto knives just have to be an EMT, Firefighter, or Cop. Was looking for a spring assisted pocket knife and they showed me the auto ones and my dad whos is a Chief with NOFD bought one and all he had to do was show is FD Id.

 

[Manimal]

knives kill people.

 

[topgunz1]

the law in question is in reference to carrying of the knives, not possessing. It is my understanding you can have all the switchblades you want, just leave them at home.

 

[babietuan323]

knives kill people.

they surely do

 

[Speedlace]

^^^^^
This is SO on topic with "Louisiana Law regarding auto-opening knives".
"feck"??

 

[grits]

^^^^^
This is SO on topic with "Louisiana Law regarding auto-opening knives".
"feck"??

Well once you pop that blue pill it does "spring up" LOL

ETA: Damn this is an old thread.

 

[Gus McCrae]

knives kill people.

Damn straight. You got to keep your eye on them. I used to keep my case trapper on my night stand with my keys and whatnot ready for the next day. On night I woke up because I felt something and that little case was trying to cut me!!!!!!!!!! Needless to say, my knives stay in a drawer until I need them or am going to put them in my pocket.

 

[missingAZ]

It is crap from politicians so I shouldn't try to understand it but I was at Barney's the other day and they had a Benchmade Infidel that was restricted to LE, FD, and EMT. First of all the Infidel is in no way, shape, or form a "rescue" knife and secondly why would a EMT or firefighter need an Infidel professionally. Cutting seatbelts?, gimmie a break its not serrated and it has a damn sharp point. Job security maybe, pull them from the car then treat them for stab wounds.

Take a trip to God's Country (Phoenix, AZ), they will sell them to civilians all day long

 

[BobKaro]

It is crap from politicians so I shouldn't try to understand it but I was at Barney's the other day and they had a Benchmade Infidel that was restricted to LE, FD, and EMT. First of all the Infidel is in no way, shape, or form a "rescue" knife and secondly why would a EMT or firefighter need an Infidel professionally. Cutting seatbelts?, gimmie a break its not serrated and it has a damn sharp point. Job security maybe, pull them from the car then treat them for stab wounds.

Take a trip to God's Country (Phoenix, AZ), they will sell them to civilians all day long

Yeah, but how many redfish you gonna catch there? Not to mention the crawfish...

 

[bs875]

I gotta jump in on this. If switchblades are illegal in LA then why does every gun show I go to have at least one table selling them openly? There are always police walking around the shows so shouldn't they be shutting that down? I've always been confused about that.

 

[firefighter9158]

terry farmer

yea, i know terry farmer also. he arrested me for disturbing the peace one night when i accidentally set off my siren in my truck while crossing the bridge in port vincent,at the time i was also a deputy with a.p.s.o, and a fireman of more than 18 years. i advised him of both positions, he said he didn't give a damm who or what i was. i took the case to trial in court, i made him look like a ass in court, i won the case needless to say. any cop who charges another cop for such ********. is a ******* in my book. he was made to leave the force soon after. He was NOT a good L.E.O.as most people in p.v will tell you.

 

[charlie12]

yea, i know terry farmer also. he arrested me for disturbing the peace one night when i accidentally set off my siren in my truck while crossing the bridge in port vincent,at the time i was also a deputy with a.p.s.o, and a fireman of more than 18 years. i advised him of both positions, he said he didn't give a damm who or what i was. i took the case to trial in court, i made him look like a ass in court, i won the case needless to say. any cop who charges another cop for such ********. is a ******* in my book. he was made to leave the force soon after. He was NOT a good L.E.O.as most people in p.v will tell you.

He was out of office because they got a new Mayor that wanted HER daddy's friend as Chief. Most the the people don't want her or the Chief they have now.
Terry worked many long hours in PV, days, nights, (plus his regular plant job) when ever he needed to. He arrested more people with warrants in a month that then new chief has in the last 5 years. Many of these were from midnight to about 4am. Try getting the new chief to do that, they can't even get him on the phone.

If you think you're the reason Terry is no longer the chief you don't know much.
And most people that are busted by a LEO think the LEO is a *******. Maybe it was the way you "advised" him you were a LEO and Fireman that didn't go over too good.
Kind of like my Trooper buddy that wrote a kid up thats daddy worked for EBRSO and had his Blue Line sticker on his truck. The kid had an altitude problem and went home with two tickets. He probably would have gotten a warning if he would have played the my daddy is a cop card.

 

[kirkdbergeron]

Switchblades are so dangerous, we can carry guns, but not switchblades...

Lmao...

 

[Nolacopusmc]

yea, i know terry farmer also. he arrested me for disturbing the peace one night when i accidentally set off my siren in my truck while crossing the bridge in port vincent,at the time i was also a deputy with a.p.s.o, and a fireman of more than 18 years. i advised him of both positions, he said he didn't give a damm who or what i was. i took the case to trial in court, i made him look like a ass in court, i won the case needless to say. any cop who charges another cop for such ********. is a ******* in my book. he was made to leave the force soon after. He was NOT a good L.E.O.as most people in p.v will tell you.

SO basically you are saying that when a cop writes another cop (or in your case prior cop who was later arrested on drug charges) for something, he is an *******? I guess because you had a commission card you should have been given some slack?

And I am the one people say is "almighty and better than everyone else?" I have NEVER volunteered information to a LEO that I was a LEO. Has it come up on traffic stops, yes it has, but it was after i was asked about it. Comments and actions like you just made are a great example of why people automatically take the benefit of the doubt from LEO's, think they are all bullies with a badge, and no longer respect the profession. Your subsequent arrest and conviction for drug possession is no surprise and in keeping with what display here.

THANK GOD! you are no longer a possessor of a commission.

I think most here would say he has integrity. Furthermore, judging by your average postings here on the board, I can TOTALLY see you as being the kind of "cop" that would be receiving tickets from other law enforcement officers while we all laughed about it.

SOunds like you found your calling as a firemen.