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Permission to carry at a school
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PocketProtector642
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Post subject: Posted: Fri Mar 13, 2009 9:17 pm |
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Longtime Regular |
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Joined: Sun Oct 12, 2008 8:36 am Posts: 702 Location: St. Paulish
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Knife talk got me thinking...
Those of you that have permission to carry a gun at you kids schools, do you also have permission to carry your kinfe or do you take it off before entering. It seems like the examples of permission that you gave specify gun/pistol/firearm and arent vauge like "dangerous weapon." Ive yet to ask for permission... soon though.
(thinking over 609.66)
_________________ Proud owner of 2 wonderful SGH holsters. "If man will not work, he shall not eat" (2 Th 3:14) "If you don't have a sword, sell your cloak and buy one" -Jesus (Luke 22:36)
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tman065
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Post subject: Posted: Sat Mar 14, 2009 4:06 am |
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Longtime Regular |
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Joined: Tue Dec 19, 2006 6:19 am Posts: 810 Location: Northern MN
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AFAIK, Knives are not dangerous weapons. Unless they are used as a weapon.
_________________ Proud, Service Oriented, Rural LEO, or "BADGED COWBOY" Certified MN Carry Permit Instructor
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princewally
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Post subject: Posted: Sat Mar 14, 2009 6:16 am |
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Longtime Regular |
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Joined: Wed Jan 24, 2007 11:02 am Posts: 1684 Location: St Louis Park
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Quote: Subd. 6.Dangerous weapon.
"Dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm, or any fire that is used to produce death or great bodily harm.
My carry knives aren't designed as weapons.
_________________ Of the people, By the People, For the People. The government exists to serve us, not the reverse.
-------------------- Next MN carry permit class: TBD.
Permit to Carry MN --------------------
jason <at> metrodefense <dot> com
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PocketProtector642
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Post subject: Posted: Sat Mar 14, 2009 10:28 am |
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Longtime Regular |
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Joined: Sun Oct 12, 2008 8:36 am Posts: 702 Location: St. Paulish
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Would an attorney designate them as a dangerous weapon? Is that where 4" blade stuff comes into play (got that from the Sportsmans Warehouse guy too)?
Otherwise, thats good that we dont have to worry about that.
_________________ Proud owner of 2 wonderful SGH holsters. "If man will not work, he shall not eat" (2 Th 3:14) "If you don't have a sword, sell your cloak and buy one" -Jesus (Luke 22:36)
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tman065
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Post subject: Posted: Sat Mar 14, 2009 1:43 pm |
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Longtime Regular |
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Joined: Tue Dec 19, 2006 6:19 am Posts: 810 Location: Northern MN
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PocketProtector642 wrote: Would an attorney designate them as a dangerous weapon? Is that where 4" blade stuff comes into play (got that from the Sportsmans Warehouse guy too)?
Otherwise, thats good that we dont have to worry about that.
There is MN case law that says knives are not dangerous, per se.
I am sorry I can't cite it for you, but one of my local Assistant County Attorneys was the public defender - years ago - who argued it. I'll ask him about it next week and get the details.
_________________ Proud, Service Oriented, Rural LEO, or "BADGED COWBOY" Certified MN Carry Permit Instructor
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PocketProtector642
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Post subject: Posted: Sat Mar 14, 2009 2:10 pm |
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Longtime Regular |
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Joined: Sun Oct 12, 2008 8:36 am Posts: 702 Location: St. Paulish
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tman065 wrote: There is MN case law that says knives are not dangerous, per se.
I am sorry I can't cite it for you, but one of my local Assistant County Attorneys was the public defender - years ago - who argued it. I'll ask him about it next week and get the details.
tman, you read my mind. After I posted I realized that case law would be the place to find something like this. Thanks.
_________________ Proud owner of 2 wonderful SGH holsters. "If man will not work, he shall not eat" (2 Th 3:14) "If you don't have a sword, sell your cloak and buy one" -Jesus (Luke 22:36)
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PocketProtector642
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Post subject: Posted: Sat Mar 14, 2009 9:56 pm |
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Longtime Regular |
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Joined: Sun Oct 12, 2008 8:36 am Posts: 702 Location: St. Paulish
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3 inch folder = YES
Quote: http://www.lawlibrary.state.mn.us/archive/ctappub/0104/c6001254.htmAppellant P.W.F., a juvenile, challenges a trial court order that concludes that he possessed a dangerous weapon on school property. Appellant argues that the three-inch-blade folding knife that he possessed was not designed as a weapon and, therefore, is not a “dangerous weapon.” Because the state failed to submit evidence to show that the knife was designed as a weapon, we reverse Do unpublished opinions matter at all? The 2 below are unpublished opinions. Both are against knives in schools. 3-4 inch folder = NO Quote: http://www.lawlibrary.state.mn.us/archive/ctapun/9809/629.htmWhile attending a Minneapolis high school, appellant carried a folded knife in his back pocket; the knife had a 3-4 inch razor edge and a blunt end and was called a "cane cutter." Appellant moved to dismiss the charge, arguing that the device was a tool for cutting cane and was not designed as a weapon. The district court denied the motion and appellant proceeded to trial on stipulated facts, preserving this issue for appeal. Because the record supports the district court's conclusion that appellant possessed a dangerous weapon on school property, we affirm. Locking 4inch folder = NO Quote: http://www.lawlibrary.state.mn.us/archive/ctapun/0101/907.htmThe trial court concluded that the buck knife was a dangerous weapon because of its length and locking mechanism. We agree. When open, the blade of the buck knife locks into place and cannot be folded down without the purposeful depression of a mechanism on the handle. In the locked position, the buck knife is no different from a switchblade. See In re C.R.M., 611 N.W.2d 802, 805 (Minn. 2000) (stating that the intent of the legislature in enacting Minn. Stat. § 609.66, subd. 1d(a) (2000), was to prevent possession of weapons, such as switchblades, in schools); State v. Henderson, 289 Minn. 490, 492, 185 N.W.2d 892, 894 (1971) (defendant found guilty of assaulting the victim with a dangerous weapon where he attacked the victim with a switchblade). In this position, the buck knife does not bend. It is capable of being used for offensive or defensive infliction of bodily harm, and becomes a dangerous weapon. The 3 7/8-inch length of the knife further contributes to its dangerous nature.[1] For these reasons, we conclude that the trial court did not err in concluding that the buck knife S.M.F. possessed was a dangerous weapon prohibited on school property.
I dont know what the heck I'm doing. I took 1 law class in college, but its proving to be worthless.
_________________ Proud owner of 2 wonderful SGH holsters. "If man will not work, he shall not eat" (2 Th 3:14) "If you don't have a sword, sell your cloak and buy one" -Jesus (Luke 22:36)
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