Washington state top court: some knives are likely constitutionally protected ‘a

Started by Justaguy, January 03, 2016, 06:58:53 AM

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Justaguy

QuoteWashington state top court: some knives are likely constitutionally protected 'arms,' but paring knives aren't

From today's Washington Supreme Court decision in City of Seattle v. Evans, which also usefully canvasses decisions from other state courts:


We hold that the right to bear arms protects instruments that are designed as weapons traditionally or commonly used by law abiding citizens for the lawful purpose of self-defense. In considering whether a weapon is an arm, we look to the historical origins and use of that weapon, noting that a weapon does not need to be designed for military use to be traditionally or commonly used for self-defense. We will also consider the weapon's purpose and intended function....

The small knife found on Evans's person is a utility tool, not a weapon.... Evans does not demonstrate that his paring knife is a constitutionally protected arm.

The court's analysis interprets both the Second Amendment and the Washington Constitution's right to bear arms provision, and also says it's consistent with Oregon and Connecticut caselaw, which views "arms" as covering switchblades, dirks, billy clubs and police batons. The court doesn't discuss whether the protection would extend to concealed carrying, but it reaffirmed that the right to bear arms includes a "right to carry a weapon" in some way, presumably including carrying in most public places.

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/12/31/washington-state-top-court-some-knives-are-likely-constitutionally-protected-arms-but-paring-knives-arent/

They're parsing that one pretty thin.

kroz