On November 1, 2015, 21 O.S. section 1272 (A) will not list switchblade knife as a weapon that is illegal to carry, however, dagger will still remain as an illegal weapon. Most people would call an OTF knife a switchblade, however most OTF's are double edged knives. (Daggers) Is the double edged OTF a legal switchblade or an illegal dagger. Just some food for thought. I have no answer and I'm a defense atty. It can be argued both ways.
I would argue that the legislature, being wise and fully advised, would know that some auto's are double edged and intended that they be legal. The State would argue that if they wanted double edged knives to be legal, dagger would have been deleted from the statute. Though I have not felt the need to research it, I do not believe that dagger is defined by our statutes. A brief internet search reveals different definitions for daggers.
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I don't think any common (or reasonable) definition of "dagger" would include a folding knife, but I'm not aware of any legal definitions surrounding "dagger" (or "dirk knife," for that matter).
Our neighbors to the north and east seem to have it figured out.
10 Best States for Knife Owners
Tied for First Place: Alaska / Arizona / Kansas / New Hampshire / Tennessee / Utah
Second Place: Georgia
Tied for Third Place: Arkansas / South Carolina / South Dakota
Law-abiding knife owners face no restrictions on the knives they can own or carry in Alaska, Arizona, Kansas, New Hampshire, Tennessee and Utah. In all these states only the criminal misuse of a knife is illegal. In Georgia, the only restriction is that knives carried are limited to a 5-inch blade.
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Arkansas, South Carolina and South Dakota have no knife restrictions at the state level. However, these states have not yet enacted knife law preemption, so towns and cities in these states are free to enact restrictions greater than state law. Knife owners need to be wary in that regard.
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True, dat. I'd think you'd have a pretty strong case, but making case law ain't cheap.
FWIW, about 18 years ago, I gave a deposition for a guy who got arrested by NPD for openly transporting a rifle. He'd just bought it (not from me, though I knew the (AFAIK legal) transaction had occurred--which was how I got involved), and was walking home with it when one of Norman's finest decided to arrest him for it--despite the fact that what he was doing was completely legal under Oklahoma statutes. I never got called to testify, so I presume that his attorney got the charges dismissed, but I'm also reasonably certain that she didn't give away her services.
I agree that some are not double edged but many high end OTF's are, or so I have been told. Since I am not in the market for an OTF I have not checked it out. I think Benchmade and Protech offerings are double edged. I suspect the same is true of Microtech.
Benchmade only makes one double edge OTF, the infidel, that I can find. Microtech lets you specify SE/DE, Serrated etc, so you can get whichever blade you like.
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