ohio knife law? possibe punishment for carrying a knife?


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reznor
December 2, 2012, 12:56 PM
I got a ticket to appear in court from an officer at the gas station. I had a 4 inch pocket knife in my back pocket, I didn't even realize it was illegal I use it every day at work , Bought it from a store .I did not get arrested but he took my knife and gave me a ticket to go to court . Any idea of what the actual punishment would be ? First time offensive never been in trouble before , I literally use it everyday to cut open boxes at my warehouse job . Any advice would be great , thanks

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Sam1911
December 2, 2012, 02:18 PM
Here is a thread over at Blade Forums that discussed this: http://www.bladeforums.com/forums/showthread.php/933163-Ohio-Knife-Laws

There's even some response from a law enforcement officer. Unfortunately the laws vary from town to town, it seems (2.5" seems a common maximum for "tools" vs. "weapons"), and others say it's entirely "intent" based. And some say you'll never be hassled if you "keep your nose clean!" ;)

Best bet seems to be to show up at court (of course) and explain that you use the knife in your job every day (maybe have someone from work testify to that for you) and the judge will likely be understanding.

Let us know how it goes!

reznor
December 2, 2012, 02:36 PM
ok man thanks i will check that out.

rtroha
December 2, 2012, 02:48 PM
Here's a recent incident in Youngstown in which a guy was charged with carrying a concealed weapon because his shirt partially covered the knife attached to his belt.

http://forum.opencarry.org/forums/showthread.php?107007-Unlawfully-arrested

simonstough
December 2, 2012, 05:29 PM
they can(and probably will) charge you with carrying a concealed weapon, appear at court and ask for a court appointed attorney or pay a lawyer if you can afford it. williams county did this to me after a sheriff deputy conducted an illegal search of my vehicle while i was moving.

reznor
December 2, 2012, 09:11 PM
they can(and probably will) charge you with carrying a concealed weapon, appear at court and ask for a court appointed attorney or pay a lawyer if you can afford it. williams county did this to me after a sheriff deputy conducted an illegal search of my vehicle while i was moving.
what did they do, did you get a fine or jail time or anything?

RatDrall
December 3, 2012, 10:21 AM
You did not share what the charge is.

If you provide the charge, someone can provide the statute. The wording of the statute will tell you if you even have anything to worry about, and how to articulate your situation (intent and use of the knife) to the judge.


Like someone else said, get a good attourney if you have the money. Otherwise, be prepared to double check everything the public defender wants to do.

Gordon
December 3, 2012, 10:35 AM
Yuk! Does a CCW that is good in Ohio cover knives too?

Invisible Swordsman
December 3, 2012, 11:24 AM
Ohio CCW only covers handguns. In the law it's called a Concealed Handgun License.

reznor
December 3, 2012, 05:28 PM
You did not share what the charge is.

If you provide the charge, someone can provide the statute. The wording of the statute will tell you if you even have anything to worry about, and how to articulate your situation (intent and use of the knife) to the judge.


Like someone else said, get a good attourney if you have the money. Otherwise, be prepared to double check everything the public defender wants to do.
He just gave me a ticket , it's for carrying a concealed weapon,I just have to go to our city court. It was about a 4 inch folding pocket knife clipped in my back pocket with the belt clip. I Just ran in gas station to grab a pack of smokes and gas after work and the officer ended up behind me in line must of seen it in my pocket and comes up and confronts me . I was nice just let him have it , Said it was just for work and then he gave me a citation .

Blackstone
December 3, 2012, 05:38 PM
Hope this works out well for you

bhesler
December 3, 2012, 05:51 PM
This might help. In the knife section it specifically cites a case involving a four inch folding knife and (paraphrasing) says that there is no assumption that a knife is being carried as a deadly weapon

From the Ohio Public Defenders Office

http://www.opd.ohio.gov/RC_Casebook/carrying_concealed_weapons.htm#Knives

"State v. Cathel (1998), 127 Ohio App. 3d 408 -- Evidence failed to show four inch folding knife was carried as a weapon. There is no presumption that a knife is carried as a deadly weapon, and nothing in the circumstances permitting such an inference. "Deerslayer" trade name indicates it is for use on deer, not humans, court noting even "007" marking was not enough to allow inference of use as weapon in another case. Also see State v. Sears (1980), 18 Ohio Ops. 3d 126."

simonstough
December 3, 2012, 09:20 PM
i got a fine for it and my knife was confiscated, no big deal, but now the sheriff deputy stalks and harasses me and even went as far as threatening my wife.

reznor
December 12, 2012, 04:08 PM
so i went to court today and told the judge it was for work, so she threw it out no fine or anything.

Sam1911
December 12, 2012, 04:16 PM
Awesome! Thanks for sharing.

W.E.G.
December 12, 2012, 04:20 PM
Seems to me that it would be worthwhile to file a complaint at the police department that issued the bogus summons.

Police officers should not just be handing out criminal summons because they see a knife clipped to somebody's pocket.

If the citizenry lets them get by with that sort of conduct, it will continue.

Kaeto
December 13, 2012, 10:14 AM
There is a bill currently in the works here in Mi that will make it illegal to carry any knife off of your property unless you are transporting it to another property you own.

Sam1911
December 13, 2012, 10:41 AM
There is a bill currently in the works here in Mi that will make it illegal to carry any knife off of your property unless you are transporting it to another property you own.
If you have a text of that bill, perhaps it would be best to start a new thread in Legal about that.

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