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quote \”KravMDjeff\:Say you’re in a self-defense situation, and you feel it’s appropriate to pull a knife and use it. You have this massive, awesome tactical military knife. The guy doesn’t die, but you have charges pressed against you.Would it be a legal disadvantage to have this knife that’s been designed to kill humans, showing a pre-determined decision to use the knife on another person, versus a smaller, more tool-like or outdoor sports-oriented knife?
To analyze this legal situation, we must first understand and accept that use of a knife constitutes lethal force. A knife is not less than lethal force like a stun gun or chemical spray. Without question, a knife is lethal force.
So this simplifies our analysis. Since using a knife is lethal force, it matters not what type of knife. It could be an Emerson combat knife, a pocket knife or a kitchen knife. Any of these knives can easily inflict a fatal wound. A knife can even be more dangerous than a firearm in some cases. For example, a knife can easily pierce many types of body amour.
What determines whether or not you spend some number of years as a guest of the state is whether or not you were legally justified in the use of lethal force. Of course, this assumes that the relevant charges stem from your use of the knife and not itís mere possession. So beating charges stemming from the use of the knife depends upon whether lethal force was justified. Beating charges stemming for the possession of the knife depends upon the knife laws. Many states regulate the possession and/or carrying of knives. In Rhode Island, for example, no one may carry a knife with a blade longer than 3 inches as measured from the handle.
This was a long answer to your question. The short answer is no.
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quote \”kravmaga1\:I would rather be judged by 12 than carried by 6.This is something I used to hear quite often when I was in law enforcement. I feel this is equilivent to saying \”shoot first and ask questions later.\”
\”A question about the knives…hypothetical situation…
Say you’re in a self-defense situation, and you feel it’s appropriate to pull a knife and use it. You have this massive, awesome tactical military knife. The guy doesn’t die, but you have charges pressed against you.
Would it be a legal disadvantage to have this knife that’s been designed to kill humans, showing a pre-determined decision to use the knife on another person, versus a smaller, more tool-like or outdoor sports-oriented knife? \”
This is an excellent question, and I’ve posed it to a few people that have shown me their knives- the tactical commando SEAL fighting knife type knives. I would absolutely agree that a sport knife would be better to carry for various reasons. J Archer was right in his assesment of deadly force negating the type of knife (at least to some degree- I’ll bet a balisong or other illegal knife would bring extra trouble) but for the most part, you’ll get in trouble while being stopped for possession (at least in my experience). In either case, its more favorable to have a sporting knife or a nonspecific one like the folders I mentioned (The CRKT might be borderline). Regarding knives, I don’t really like the \”judged by 12 or carried by 6\” response to justfiy a fighting knife, because the difference between sporting/utility knives and fighting/combat ones are often cosmetic to some degree. You can find very good utility/sporting knives that have the attributes you’d want in a fighting knife, while still being PC (very true with Spyderco, with exceptions like the Civilian). Aside from that, the vast majority of the times I use my knife, its for utility purposes anyway.
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[quote=\”KravMDjeff\”] Would it be a legal disadvantage to have this knife that’s been designed to kill humans, showing a pre-determined decision to use the knife on another person, versus a smaller, more tool-like or outdoor sports-oriented knife? [quote]
That’s probably going to vary from state to state. Here in SC it wouldn’t matter. If it came to needing it to defend yourself and the defense of you or somebody else was valid (example: not stabbing him for calling you an SOB) then it wouldn’t matter if it was a 2 inch blade pocket knife or a 4 foot sword.
FFDO since you like Glocks and 45s but have a problem with double stack grips because of hand size in that caliber try a Glock 37,38 or 39. They are the same size frames as the 22,23, and 27. The slides are just bigger and bullet size in the GAP is the same as ACP.
If you define ‘favorite’ as ‘what do you carry most’ it would be a .38 Chief’s Special snubnose. It’s just easiest for me, and it’s my \”American Express\” gun (\”Don’t Leave Home Without It\”).
But I will carry a 5\” Smith and Wesson Model 625 (a .45 ACP revolver with full moon clips) in a shoulder holster when what I am wearing allows it.
All my other guns stay in the safe most of the time. I have nicer guns, but those are what I carry, and have to be considered my favorites.
I own one pistol. .40 Beretta. I only shoot it every couple of months. Usually when I go to the range I shoot my 10/22 (Very inexpensive to shoot.) and my CAR-15.
Texas is like SC. Very unlikely to be convicted of a crime if the weapon was really used in defense of self, another and even property.
Three examples that come to mind:
1) Defending another from aggravated kidnapping. (eg preventing child abduction)
2) Disarming an assailant and using the assailant’s weapon against him/her self
3) Home invasion.
For each of these there is case law supporting the use of deadly force.
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quote \”tehillim144:1\:Texas is like SC. Very unlikely to be convicted of a crime if the weapon was really used in defense of self, another and even property.Ha, Texas is like no other state. You can almost shot someone for looking at you funny. Almost, but not quite. However, you can use lethal force in defense of mere property. In that respect, Texas may be unique.
Favorite sidearm
On duty, I have always used a .45 ACP type weapon. 15yrs ago I used a Sig P220. About 12 years ago I switched to the \”fantastic plastic.\” I have carried the G21 for a long time. Switched because I could carry more rounds and it shoots accurate and dependable.
Tactically, we are issued the G35. I love the weapon, and I am considering getting one for duty purposes.
Off duty carry around is typically my S&W 442 Airweight with +p+, or my Glock compact .40 cal.
As far as the knife question goes, in the Peoples Republic of Oregon, you may as well shoot em if justified, cause you are going to take the same beating from the red diaper doper babies either way.
Yep, In Texas we still say stuff like
\”Get of’n my property\” while brandishing our favorite long gun.
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