WI: Reform of Knife law Possible in Wisconsin

Gun Watch ^ | 5 May, 2015 | Dean Weingarten

[marktwain]

Wisconsin knife law dates back to the 1950's and before, and  like a lot of weapons law, has been very selectively enforced.   If you were a minority, and spent time in Milwaukee, you were treated one way;  if you were not and lived North of the Madison- Milwaukee line, you had little to fear.   Most people had no idea that belting on their hunting knife, and putting on a jacket, made them subject to arrest for carrying a concealed weapon; and they were mostly justified because the police did not enforce the law. 

Except when they wanted to, against whom they wanted to.   I was shocked in the late 1970's when I heard of a decision by a judge in Milwaukee to convict a man of possession of a concealed weapon.   The judge ruled that a folding Buck knife was "concealed" in the leather case on the man's belt.   Wisconsin was one of the majority of states that succumbed to the media hysteria that created the bans on "switchblade" knives, back in the 1950's.  The Wisconsin Constitution did not have a state right to keep and bear arms until 1998.  

That amendment, passed with 74% of the vote, has been bearing fruit.   Commonsense knife reform is being promoted in Wisconsin.    A modest bill, AB 142, was proposed to clean up the definition of a "switchblade" and to allow police and CCW holders to carry the knives if they wished.  When a House committee heard testimony on the bill, something happened that we have been seeing in more and more places.  The committee realized that Wisconsin knife law was irrational;  they decided to study it to see what needed to be changed.  It made no sense, under the strong Wisconsin constitutional right to keep and bear arms, and the Heller and McDonald Supreme Court decisions, for people in the state to be put at risk of arrest for the mere possession of a pocketknife. 

The legislature may come up with a knife preemption law, as many others have done, to prevent abuses such as may have happened in Baltimore case of Freddy Grey.  An overhaul of Wisconsin knife law seems possible.   

The committee meeting on AB142 happened a few days ago,  on April 23rd.  From kniferightws.org:

Based upon input prior to the hearing and testimony by Todd Rathner, Knife Rights' Director of Legislative Affairs, and others, the consensus of the committee was that some aspects of the bill should be re-drafted to avoid confusion and that knife law preemption should be included. That process is occurring now with input from Knife Rights and should be concluded within the next few weeks.

No person should fear arrest for merely carrying a pocketknife.  Under the Wisconsin Constitution, it is a legal right, which is constantly endangered by local ordinances. 

We will see if the current reform push bears fruit in the next few weeks.


 ©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
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[BuffaloJack]

I received my first pocket knife in 1954, when I was 8 years old and a cub scout. I’ve never been without a pocket knife since.

[afraidfortherepublic]

Wisconsin knife law under review.

FReep Mail me if you want on, or off, this Wisconsin interest ping list.

[afraidfortherepublic]

My husband too. And he’s lost more knives to the TSA because he forgets he has them in his pocket, they are such a fixture to his being. He had his knife confiscated on a tour of the NY State Capital bldg. My daughter calls his knife “the jaws of life” because he uses it so often as a tool.

I’ve figured out why he needs to have it on his person. He keeps his fingernails very short and so cannot use them as tools, as women do. I have to open an orange for him. LOL.

[riverrunner]

I use my knife to start the orange.

[afraidfortherepublic]

I use my thumbnail. It’s quicker. :)

[rellimpank]

--brings up the point that why are there even any "knife" laws whatsoever-

-it would seem that criminalizing any kind of assault with an object capable of causing harm would be all that is necessary---

[Svartalfiar]

Major failure in writing that. “”...or for any other lawful purpose.” Just leaves it wide open to make any purpose unlawful, and bam, there you go.

[SWAMPSNIPER]

Same here, I have no idea how anyone can function without a good knife.

[JoeFromSidney]

My son told me that he and his girlfriend had visited a museum in New York City. Before going in, they both hid their knives under some leaves outside the museum, and retrieved them later. I believe he has good taste in girlfriends.

[Sopater]

Major failure in writing that. “”...or for any other lawful purpose.” Just leaves it wide open to make any purpose unlawful, and bam, there you go.

Yep.

[Sopater]

[Diana in Wisconsin]

Now jist how the HECK else do them thar City Slickers think I can pick ma teeth after dinner?

[Diana in Wisconsin]

I always have a box cutter and a small pruner on me. I need those TOOLS to perform my job.

Idjits.

[marktwain]

“Major failure in writing that. “”...or for any other lawful purpose.” Just leaves it wide open to make any purpose unlawful, and bam, there you go.”

They clearly meant to allow for weapons enhancements of criminal penalties.

To say “May not be carried for unlawful purposes is a double negative.”

Many states have something similar.

By including it, they made the reason for carry open ended, as long as it was lawful.

Decoration: Lawful.

Political speech: Lawful.

To provide a counterweight to my right pocket: Lawful.