knife question

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kgull85

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J.P. said:
The only problem I have with that is that I get EXTREMELY nervous when some Barney Fife starts pulling my loaded gun off of my person.
Otherwise I do not have a problem with it.

Heh, especially if you use a SmartCarry. That's a bit too personal if you ask me.

Although if the female officer is cute enough :naughty: ......heck even if you don't use a SmartCarry you could tell her you are.....but then I'd have to convince her I'm not carrying a snub nose revolver. :lookaroun
 

Michael Brown

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J.P. said:
The only problem I have with that is that I get EXTREMELY nervous when some Barney Fife starts pulling my loaded gun off of my person.
Otherwise I do not have a problem with it.

The question of whether or not its a good idea isn't really what I'm referring to.

There were several people here who believed that the clause which states that the OSDA does not specifically authorize an officer to inspect a weapon was some kind of prohibition on securing or unloading during a traffic stop that did not involve some other crime.

The Attorney General's opinion is that this particular clause is trumped by federal caselaw, specifically Terry vs. Ohio and Michigan vs. Long.

Michael Brown
 

skyydiver

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Bummer. I would be all giddy about it if ALL officers had the good judgment to leave well enough alone unless their hairs are standing up. But that ain't the case in my experience. Twice.
 

hankrearden2000

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Michael Brown said:
I also found an Oklahoma Supreme Court ruling on carrying knives not specifically prohibited by the six named versions. Its worth a read but I think it supports the position that intent is required in the definition of "offensive weapons" since the individual arrested was a known violent subject currently on probation for assault and battery.

Michael Brown

How about a case citation so that we can find the decision ourselves?

This must be a very old, pre-statehood Territorial case since it's now the Oklahoma Court of Criminal Appeals that's the highest state appeals court for criminal matters, not the Supreme Court.
 

Michael Brown

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hankrearden2000 said:
How about a case citation so that we can find the decision ourselves?

This must be a very old, pre-statehood Territorial case since it's now the Oklahoma Court of Criminal Appeals that's the highest state appeals court for criminal matters, not the Supreme Court.

Go look through OSCN.

Yes, I used the incorrect, generic term Oklahoma Supreme Court as it is commonly referred to by non-lawyers like me.

I agree, looking for the case yourself would be a good idea.

Either way, hankrearen2000, I am starting to dislike your tone. If you don't like the answers here go look them up.

Definitely don't come around here and respond sarcastically and expect that anyone will offer you any assistance.

Michael Brown
 

hankrearden2000

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It's obvious that there's something that you don't like. Perhaps you perceive certain questions as a threat? A challenge? I don't know. I do know that I asked a simple and civil question about a point of law that many Oklahoma LEs understand to be true including author and former LE Jerry van Cook who discusses the illegality of fixed blades in a book that he wrote ( see “Real World Self-Defense: A Guide to Staying Alive in Dangerous Times, P. 126.). Perhaps there are cases or AG Opinions that define the terms used in the statute? Legitimate questions I think, and worthy of more than a smartassed comment like "read the statute." I also noticed that another member posted a similar question about a rumor that some cop said something somewhere about a new statute making folder carry illegal. I noticed that you deigned to provide a civil response when, anyone participating in this forum is perfectly capable of going to http://www.lsb.state.ok.us/ and looking up the status of every measure that's being considered by the legislature this session or, they could simply “read the statute.” Then there was another completely civil & legitimate question about a case that you discussed but didn't cite. Perhaps you are mad that you made a mistake by crediting the Oklahoma Supreme Court rather than the Oklahoma Court of Criminal Appeals? There's no reason to get mad about it. Remember, the highest Oklahoma appeals court prior to state hood was called the Oklahoma Supreme Court, http://digital.library.okstate.edu/chronicles/v008/v008p002.html. And, its decisions are still binding unless overturned by later opinion or statute. So, as you can see, that response actually wasn't the sarcastic response that you took it to be.

What gives Michael? If I ever make a claim that a statute, AG Opinion, or case says such & such, I assure you that I will not be too lazy or arrogant to provide a way for people to verify the claims I'm making. After all, the exchange of information is one of the main reasons that people participate in forums such as this one. I assure you that I'm not here to try and dominate the forum or other members.
 

Michael Brown

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hankrearden2000 said:
It's obvious that there's something that you don't like. Perhaps you perceive certain questions as a threat? A challenge? I don't know. I do know that I asked a simple and civil question about a point of law that many Oklahoma LEs understand to be true including author and former LE Jerry van Cook who discusses the illegality of fixed blades in a book that he wrote ( see “Real World Self-Defense: A Guide to Staying Alive in Dangerous Times, P. 126.). Perhaps there are cases or AG Opinions that define the terms used in the statute? Legitimate questions I think, and worthy of more than a smartassed comment like "read the statute." I also noticed that another member posted a similar question about a rumor that some cop said something somewhere about a new statute making folder carry illegal. I noticed that you deigned to provide a civil response when, anyone participating in this forum is perfectly capable of going to http://www.lsb.state.ok.us/ and looking up the status of every measure that's being considered by the legislature this session or, they could simply “read the statute.” Then there was another completely civil & legitimate question about a case that you discussed but didn't cite. Perhaps you are mad that you made a mistake by crediting the Oklahoma Supreme Court rather than the Oklahoma Court of Criminal Appeals? There's no reason to get mad about it. Remember, the highest Oklahoma appeals court prior to state hood was called the Oklahoma Supreme Court, http://digital.library.okstate.edu/chronicles/v008/v008p002.html. And, its decisions are still binding unless overturned by later opinion or statute. So, as you can see, that response actually wasn't the sarcastic response that you took it to be.

What gives Michael? If I ever make a claim that a statute, AG Opinion, or case says such & such, I assure you that I will not be too lazy or arrogant to provide a way for people to verify the claims I'm making. After all, the exchange of information is one of the main reasons that people participate in forums such as this one. I assure you that I'm not here to try and dominate the forum or other members.

I'm not sure why Jerry believes fixed blades to be "technically illegal" or how you came to the conclusion that "many Oklahoma LEs" believe this to be true.

I don't know any who believe it to be true.

I simply look at the statute and the context just like anyone else. Since I have arrested plenty of people for weapons violations and paticipated in the arrests/prosecutions of scores more and have never seen someone arrested for carrying anything other than the specifically prohibited versions, I speak from my perspective and experience.

That is what people here are asking for. My experience and opinion.

If they want an answer as to whether or not they will be prosecuted for a particular crime, they will have to ask the individual who does the prosecuting i.e. the City of Tulsa Attorney's Office or the Tulsa County District Attorney's office.

Since you either declined to read or ignored the previous posts, all I can advise is that you read the statute. If you don't like the opinions offered, they were worth exactly what you paid for them.

Either way I'm not going to take my own time to provide assistance to a smartass. My time is worth something to me and I do not spend it to assist those who respond the way you do. If you believe that to be lazy or arrogant, you certainly have the right to your opinion.

However YOU WILL act with courtesy and respect on this forum in sections that I moderate.

I am not seeking yours or anyone else's verification. If someone doesn't want or like my opinion, they have every right in the world to ignore it. If they seek to verify or contest my opinion, that's fine as long as they are willing to back it up. Since I didn't disagree with anyone's opinion, I didn't see any particular need to do anythign other than quote the state statute.

If someone asks me a question, I don't feel indebted to provide sources for my opinions. If they don't like my opinions, they will not ask for them. But since someone asked my opinion, I provided them with one.

Someone asked about a rumor he heard and if I could confirm it. I answered it in the best manner with the resources I had i.e. access to the state statutes and the opinion of a knowledgeable ADA. I'm not sure what other resources anyone else would be wanting. If they want other opinions or answers, they will have to come from someone else.

But since someone asked ME SPECIFICALLY a civil and respectful question, I provided what I could.

Please point out where I did not provide a civil response to that question you cite.

Michael Brown
 

JD8

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Michael,

Well..... I picked up the KBAR TDI today at the gun show but I now have a more interesting problem. To make a long story short I'm bartending in slacks and a tie. IS there anything that will conceal tucked in?
 

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