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Thread: SB 0245 Allow spring-assisted knife

  1. #131
    I am a Forum User
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    From legal update 130:
    Officers are reminded that unless exempt under MCL
    750.231, a person with a “mechanical knife” may still be
    arrested for carrying a concealed weapon pursuant to
    MCL 750.227 if that knife could be classified as a
    “dagger, dirk, stiletto, or double edged non-folding
    stabbing instrument of any length.” However, the fact
    that the knife is “mechanical” is irrelevant to that offense.
    This seems to suggest a double edged OTF knife for example is legal since it is "mechanical?"

  2. #132
    MGO Member Roundballer's Avatar
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    Quote Originally Posted by MSP update #130
    Public Act 96 of 2017 repealed MCL 750.226a of the Michigan Penal Code to eliminate the prohibition on possession of a knife solely because it has the appearance of a pocket knife, but can be opened by the flick of a button, pressure on a handle, or other mechanical contrivance.
    Officers are reminded that unless exempt under MCL 750.231, a person with a “mechanical knife” may still be arrested for carrying a concealed weapon pursuant to MCL 750.227 if that knife could be classified as a “dagger, dirk, stiletto, or double edged non-folding stabbing instrument of any length.” However, the fact that the knife is “mechanical” is irrelevant to that offense.
    Officers are similarly reminded that a person with a “mechanical knife” may still be arrested for carrying a weapon with unlawful intent under MCL 750.226 if that knife could be classified as a “dagger, dirk, razor, stiletto, or knife having a blade over three inches in length” and is carried with the intent to use it unlawfully against the person of another. However, the fact that the knife is “mechanical” is irrelevant to that offense.
    Great way to instruct LEOs how to jack someone up. MCL 750.227 does not apply at all!

    AND, how would they prove "your intent", if you don't tell them what it is?


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  3. #133
    Super Moderator G22's Avatar
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    Quote Originally Posted by Roundballer View Post
    Great way to instruct LEOs how to jack someone up. MCL 750.227 does not apply at all!

    AND, how would they prove "your intent", if you don't tell them what it is?
    Shifty eyes, bead of sweat on your forehead, invoking the 5th, etc...
    "The Constitution is NOT dead. It's just being held captive." anthonyt

    DISCLAIMER: The opinions expressed in my posts are my own and do not necessarily reflect the opinions, views, or official policies of Michigan Gun Owners.

  4. #134
    Do I read that to mean that it is legal to carry a single edge, fixed blade knife?
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  5. #135
    MGO Member Kaeto's Avatar
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    Depends on the city or township ordinances.
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  6. #136
    MGO Member Roundballer's Avatar
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    Yes and no, that falls into the big ol' bucket of gray.

    There is a phrase in there "except a hunting knife adapted and carried as such". The list of others would preclude the typical hunting knife, but then they add that it is excepted, but limited to the "and carried as such". So, while you are hunting, and I would expect on the way to or from the hunting ground.

    I would not want to test this one, it is a 5yr~$2500 fine felony.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  7. #137
    Too much grey in the knife laws. I'm curious if anyone has been arrested for a hunting knife on the belt? Not involved in a crime, just say walking down the street. I have no idea if it really happens, or if LEO's don't bother.


    Dice

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