Are assisted openers legal in NV? [Archive] - Glock Talk

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magic
02-11-2009, 07:50
So, does NRS make assisted opening knives legal or not?


NRS 202.350 Manufacture, importation, possession or use of dangerous weapon or silencer; carrying concealed weapon without permit; penalties; issuance of permit to carry concealed weapon; exceptions.

1. Except as otherwise provided in this section and NRS 202.355 and 202.3653 to 202.369, inclusive, a person within this State shall not:

(a) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slungshot, billy, sand-club, sandbag or metal knuckles;

(b) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend, possess or use a machine gun or a silencer, unless authorized by federal law;

(c) With the intent to inflict harm upon the person of another, possess or use a nunchaku or trefoil; or

(d) Carry concealed upon his person any:

(1) Explosive substance, other than ammunition or any components thereof;

(2) Dirk, dagger or machete;

(3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or

(4) Knife which is made an integral part of a belt buckle.

2. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of:

(a) Paragraph (a) or (c) or subparagraph (2) or (4) of paragraph (d) of subsection 1 is guilty:

(1) For the first offense, of a gross misdemeanor.

(2) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

(b) Paragraph (b) or subparagraph (1) or (3) of paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

3. Except as otherwise provided in this subsection, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this State the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife. This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm.

4. Except as otherwise provided in subsection 5, this section does not apply to:

(a) Sheriffs, constables, marshals, peace officers, correctional officers employed by the Department of Corrections, special police officers, police officers of this State, whether active or honorably retired, or other appointed officers.

(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.

(c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.

(d) Members of the Armed Forces of the United States when on duty.

5. The exemptions provided in subsection 4 do not include a former peace officer who is retired for disability unless his former employer has approved his fitness to carry a concealed weapon.

6. The provisions of paragraph (b) of subsection 1 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.

7. This section shall not be construed to prohibit a qualified law enforcement officer or a qualified retired law enforcement officer from carrying a concealed weapon in this State if he is authorized to do so pursuant to 18 U.S.C. § 926B or 926C.

8. As used in this section:

(a) “Concealed weapon” means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.

(b) “Honorably retired” means retired in Nevada after completion of 10 years of creditable service as a member of the Public Employees’ Retirement System. A former peace officer is not “honorably retired” if he was discharged for cause or resigned before the final disposition of allegations of serious misconduct.

(c) “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.

(d) “Nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.

(e) “Qualified law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926B(c).

(f) “Qualified retired law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926C(c).

(g) “Silencer” means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.

(h) “Switchblade knife” means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocketknife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism. The term does not include a knife which has a blade that is held in place by a spring if the blade does not have any type of automatic release.

(i) “Trefoil” means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.

[1:47:1925; NCL § 2302] + [3:47:1925; NCL § 2304]—(NRS A 1959, 548; 1963, 90; 1967, 486; 1973, 190, 900; 1977, 269, 880; 1979, 1435; 1985, 452, 593, 792; 1989, 653; 1995, 1207, 2726; 1997, 826, 1601; 1999, 421, 1208; 2001, 575; 2003, 1351; 2005, 594)

magic
02-11-2009, 07:55
The term does not include a knife which has a blade that is held in place by a spring if the blade does not have any type of automatic release.

That includes assisted openers right?

This is what threw me off-
by a flick of a button, pressure on the handle

Seems legal to me, so long as it's not "automatic" Assisted openers aren't technically automatic.

1337-G
02-11-2009, 12:49
Assisted openers are OK. The problem is that the police sometimes interpret the statute a certain way and it's then up to the DA's office to charge or not.

I had a conversation with a Clark County ADA about this very subject last weekend and he makes a very clear distinction between assisted opening mechanisms, like Kershaws use for example, and true automatic or "switchblade" knives.

carbofan21
02-12-2009, 01:40
terrific, thanks guys

CowboyKen
02-12-2009, 10:31
You also need to be aware that it is illegal to carry concealed any knife with a blade 3" or longer in Clark County.

Ken

magic
02-12-2009, 10:54
carbofan21,

Hope your questions were answered here!

You also need to be aware that it is illegal to carry concealed any knife with a blade 3" or longer in Clark County.

Ken

First of all, I didn't really know what the legal length was, thanks for that info. All I knew was that my leek which is my EDC knife is legal here.

Now I have a question. What is the definition of concealed? If it's clipped in pants pocket with the clip on the outside, is that concealed? Never really thought about this, because I only carry my leek, which is, AFAIK legal to carry in any manner I want. I can't imagine carrying anything much larger, but for those here who do, and for the sake of knowing the laws, what is the rule here?

CowboyKen
02-12-2009, 17:15
The only definition that I know of covers firearms:

http://www.leg.state.nv.us/Nrs/NRS-202.html#NRS202Sec3653
NRS 202.3653 Definitions. As used in NRS 202.3653 to 202.369, inclusive, unless the context otherwise requires:

1. “Concealed firearm” means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.

---------------------------------------
IANAL

I do not believe there is any definition of "concealed" in the Clark County code or in the NRS as to other types of weapons. I would not be surprised to find the above definition being used and I am reluctent to carry a knife longer then 3 inches. IMHO clipped in your pocket is concealed.

Ken

carbofan21
02-12-2009, 21:06
ken,

does this mean i can only carry a blade that is shorter than 3", or is a 3" blade legal to carry? i couldn't find anything in the nrs code on this.

reason i ask specifically is the leek knife i'm looking at has a 3" blade...

and thanks again for the help magic!

CowboyKen
02-13-2009, 07:41
It is not in the NRS as it is a Clark County ordinance found in the Clark County Code:

http://ordlink.com/codes/clarknv/index.htm

Title 12 PUBLIC PEACE, SAFETY AND MORALS*

Chapter 12.04 FIREARMS AND AIR GUNS
--------------------------------------------------------------------------------
12.04.180 Concealed weapons prohibited without permit.

It is unlawful, within the unincorporated area of Clark County, for any person to carry upon his person a concealed weapon of any description, including a knife with a blade of three inches or more, a gun, pistol, revolver or other firearm, capable of being concealed, without first having received written permission therefor from the sheriff. (Ord. 242 § 18, 1965)

------------------------------------------
Note that this is hidden in the section covering firearms and that the words "a concealed weapon of any description," give Metro the capability of calling almost anything a "weapon" if they feel like it. They seem to be willing to use this ordinance a lot.

Ken

jpa
02-18-2009, 09:04
Be careful with the assisted openers. I work with a cop who looked at my Kershaw and said it was illegal. I showed her the NRS and she said "I'd still arrest for it and let the court figure it out." I just shook my head and walked away.

magic
02-18-2009, 09:17
Be careful with the assisted openers. I work with a cop who looked at my Kershaw and said it was illegal. I showed her the NRS and she said "I'd still arrest for it and let the court figure it out." I just shook my head and walked away.

UGH, that's not good on so many levels. See you in court then? :tongueout:

1337-G
02-18-2009, 15:19
Be careful with the assisted openers. I work with a cop who looked at my Kershaw and said it was illegal. I showed her the NRS and she said "I'd still arrest for it and let the court figure it out." I just shook my head and walked away.

Exactly. And crappy.

Good news is the DA's office doesn't follow through on charging for that unless you may have some other charges and they just pile these on top. It's sort of a dirtbag filter. Your colleague should know better though.

jpa
02-19-2009, 00:39
Exactly. And crappy.

Good news is the DA's office doesn't follow through on charging for that unless you may have some other charges and they just pile these on top. It's sort of a dirtbag filter. Your colleague should know better though.

You're right, she should...but I seem to run into a lot of that attitude around here. "Charge first, charge for everything, no breaks for anyone." She came to us from a large department on the south end of the Valley that starts with an H...so that's no surprise.

1337-G
02-19-2009, 22:30
Hey I live in that "H" place ;) Thankfully my interactions with the law around here have been good, even when I got pulled over for violating a school zone speed limit. I guess I never ran into her lol.