Bruen is the latest buzzword in Second Amendment talk about rights. “The main point of Bruen was that the federal court’s analyses of the Second Amendment post-Heller were entirely wrong. After Heller, courts were divided about what kind of tests to use in Second Amendment cases, but they were all what the Bruen Court calls “means-ends” tests. This means […]
What knife laws (statutory law) mean is about more than the legislated law in the United States. Judicial opinions (case law, common law or judicial precedent) are considered "law" with the same force as statutes. Here are pertinent case law summaries that provide helpful information on how knife laws in different states have been handled or decided by the court system. We include valuable notes for the knife owner. For attorneys representing knife issues we offer suggestions from an experienced criminal lawyer.
Unlawful intent to use a weapon requires evidence that rules out lawful use.
Illinois’s per se dangerous weapon statute is not a strict liability offense and blade length is the length of any non-handle portion of a knife.
Charges for violation of Illinois’s possession with intent statute must include details of the intent to use it unlawfully.
Rainer v. State
763 S.W.2d 615 (Tex. 1989)
The blade length restriction in Texas law references the cutting portion of the knife, not the sharpened edge.