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Kansas Knife Statute Held Unconstitutionally Vague
While not obviously applicable to most reading this, this is actually an important judicial victory for all knife owners. In an opinion dealing with felons in possession of weapons, the Kansas Supreme Court held a critical portion of the statute unconstitutionally vague. While the decision dealt specifically with this felon related statue, it is relevant to many statutes with similar vague language. While the precedent it sets in Kansas is limited to that state, it will be cited in cases in other states where similar catch-all phrases (technically a "residual clause") leave too much discretion to law enforcement and prosecutors to unfairly persecute knife owners.
Kansas statute bans convicted felons from possessing weapons, including particular types of knives, like similar statutes in many states. In this case, it banned "a dagger, dirk, switchblade, stiletto, straight-edged razor or any other dangerous or deadly cutting instrument of like character," (emphasis added). The Kansas Supreme Court majority opinion late last month in State v. Harris held that the residual clause, "or any other dangerous or deadly cutting instrument of like character" is unconstitutionally vague because it fails to provide an explicit and objective standard of enforcement. It concluded that "it is the very overbreadth of such laws that renders them impermissibly vague."
Somewhat amusingly, but on point, so to speak, the opinion by Justice Stegall noted that, "[F]iguring out when an object is a 'knife' because it is a 'dangerous or deadly cutting instrument of like character' is not as easy as one might suppose. See, e.g., Crocodile Dundee (Rimfire Films 1986) ('That's not a knife ... That's a knife.')."
Thanks to Eugene Volokh for the pointer. You can read his Reader's Digest version of the opinion on The Volokh Conspiracy blog.
In 2013 Knife Rights was responsible for enactment of Knife Law Preemption in Kansas, repealing dozens of local knife restrictions and preventing any future local restrictions, as well as repeal of the ban on Switchblades, Dirks, Daggers & Stilettos.
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Protect Yourself! Knife Rights Teams Up with U.S. LawShield Legal defense for self-defense and legal carry through U.S. LawShield
What if you used your knife for self-defense instead of, or back-up to, a firearm? What if a knife was the only legal choice available to carry for self-defense? What if your spouse or child grabbed a knife off the kitchen counter, or a gun, to defend against an armed intruder? Or, what if you are arrested for carrying a perfectly legal knife? U.S. LawShield provides legal defense for self-defense and legal carry. I doubt anyone reading this is heading out the door with their EDC knife looking for the opportunity to use it in self-defense. Still, that sometimes happens; we know because we get the calls and emails that result. What happens afterwards has long been a serious concern for us. Now, with U.S. LawShield, we finally have an answer, at least if you think ahead and are proactive. If you were forced to protect yourself or your family from an assault, break-in or other illegal act, could you afford to defend yourself in court against inappropriate, perhaps even politically motivated, criminal charges or a civil lawsuit? Viewing the violence playing out on the news every day, that's a question more and more folks are asking themselves. With some jurisdictions viewing your perfectly legal EDC knife as a weapon, not a tool, what would you do if arrested on a weapons charge? These are serious concerns. I have all too often heard, "I never thought this could happen to me." I know, I know...this sort of thing only happens to "the other guy" and you are too smart and careful to get caught up in something of this nature. Just bear in mind, you are "the other guy" to everyone else. If you are arrested on a weapons violation or if law enforcement shows up after a violent encounter, odds are they will treat you as a criminal. Having a lawyer at your beck and call, no matter the time or day, is invaluable in such circumstances and can often de-escalate the situation. Just imagine finding yourself in a situation where you are telling an officer, "I want to speak to an attorney," with no clue even how to find that attorney, hopefully competent, that you desperately need to speak to? For a modest monthly sum, U.S. Law Shield solves that problem and ensures you don't have to risk bankruptcy to be represented by an experienced criminal defense lawyer. If you need to speak to an attorney, you'll have a membership card with a U.S. LawShield Independent Program Attorney to talk to right then when needed the most, any time, any day, 24/7/365 And, just a reminder, if you haven't already done so, review "If Stopped or Arrested." A summary is on the back of your Knife Rights membership card. But, that advice doesn't pay for your attorney, U.S. LawShield does. When your life or that of loved ones is on the line or you are facing a weapons charge, the last thing you should have to worry about is the potentially ruinous legal aftermath. Regardless of the legal weapon used or carried, U.S. LawShield provides you and your family with essential coverage, peace of mind, and a simple-to-understand plan that's very affordable. Through U.S. LawShield, your coverage includes:
Get 10% off monthly memberships or 14 months for a 12-month annual membership (a 15% discount), PLUS waived sign-up fee, when you sign up for U.S. LawShield at: www.KnifeRights.org/USLawShield (Promo Code: krlawshield2020) We'd also be happy to have you join up with U.S. LawShield even if you're primarily looking for legal defense protection because you carry a firearm or keep one at home for self-defense. It's the same policy. Signing up helps support our efforts to forge a Sharper Future for all Americans, while you protect your life and livelihood, and those who rely upon you." After the fact is too late. Protect yourself and your family today! www.KnifeRights.org/USLawShield Wondering what the knife law is where you live or travel? Don't forget that Knife Rights has an upgraded FREE LegalBlade™ app for that: www.LegalBlade.org *Knife Rights is not an insurance provider, is not a licensed insurance agent, and nothing herein should be construed as such. All memberships are sold by and through U.S. LawShield. **At this time U.S. LawShield is not available in certain states. Visit www.KnifeRights.org/USLawShield to check on availability in your state. The multi-state option extends coverage to all states when travelling. About U.S. LawShield: The U.S. LawShield organization was founded in 2009 with the goal of providing the best possible Legal Defense for Self Defense at the most affordable price. Built from an attorney-led grass roots beginning, U.S. LawShield is America's largest self-defense minded community, empowering more than 500,000 Americans across the country. |
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2020 Ultimate Steel™ TAIL END BONUS! With over $100,000 in prizes in the Ultimate Steel Main Drawing, the Tail End Bonus Drawing offers all those who donate at the end a second opportunity to win from some additional very spectacular prizes. We already have over $15,000 in Tail End Prizes with more being donated. it will likely top $20,000 in Tail End prizes, or more, before we are done. Knife Rights is the One Getting it Done™ See it all at: www.UltimateSteel.org |
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Knife Rights LegalBlade™ 2.0 - World's First Knife Law App! Knife Rights Foundation" groundbreaking LegalBlade™ App 2.0 - Knife Laws in America™ provides guidance at your fingertips to the knife laws in all 50 states, the District of Columbia and over 40 cities in the U.S. with restrictive knife laws. Knife Rights Founder and Chairman Doug Ritter notes, "While Knife Rights will continue to aggressively work to repeal bad knife laws, knowledge of the law is the first step in avoiding an unfortunate arrest, loss of your knife or other legal complications." |
