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fslater

Assisted openers NJ legal?

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I don't know what NJ considers gravity opening or flipper in their vague description of knives that are illegal so I'm asking for others opinion/knowledge. Are assisted knives, the kind where the opening must be started by manual finger operation via a stud and then finish the opening with spring assist NJ legal?

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49 minutes ago, fslater said:

Are assisted knives, the kind where the opening must be started by manual finger operation via a stud and then finish the opening with spring assist NJ legal?

Yes.  However there is a "purpose" restriction - you cannot possess it to use it "unlawfully".

In practical terms, if you're stopped and a police officer sees the knife, and then asks why you have it, you cannot say "for self defense", because that's not a legal purpose for possession.

A "legal" answer is instead "for all purposes which are allowed under NJ Law" or "for my job", "opening boxes", "cutting tape" etc.

  • Agree 1

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36 minutes ago, DirtyDigz said:

Yes.  However there is a "purpose" restriction - you cannot possess it to use it "unlawfully".

In practical terms, if you're stopped and a police officer sees the knife, and then asks why you have it, you cannot say "for self defense", because that's not a legal purpose for possession.

A "legal" answer is instead "for all purposes which are allowed under NJ Law" or "for my job", "opening boxes", "cutting tape" etc.

Your saying that yes it falls into the explain yourself category answers my question.

I wouldn't try this... But according to N.J. Stat. § 2C:39-3-e wouldn't the same be true for a straight up switchblade?

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33 minutes ago, fslater said:

Your saying that yes it falls into the explain yourself category answers my question.

I wouldn't try this... But according to N.J. Stat. § 2C:39-3-e wouldn't the same be true for a straight up switchblade?

I thought you wanted a "straight and simple" answer, without getting into technicalities and nuance.  Apparently I was wrong.

Yes, All the "bad" things listed in 2C:39-3-e:

e.Certain weapons.  Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree.

are illegal to possess without a "explainable lawful purpose", so it's possible that you can possess them and propound some kind of lawful use ("I'm a collector", "It's my therapy switchblade, it soothes my anxiety") and not get arrested or prosecuted. 

However, I bet if you ask a random selection of NJ police officers if they'd arrest someone if they caught them in possession of a switchblade, you'd get a majority who would say "yes", regardless of what purported purpose someone gave, because they're a specifically named "prohibited" weapon.  Sure, you might prevail in the end, after tens of thousands in legal bills.  Is that still "winning"? Does that make carrying a switchblade advisable?

Assisted openers are not switchblades, and aren't specifically named in 2C:39-3-e, however they still fall under the "other weapons" clause of 2C:39-4-d:

d.Other weapons. Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.

And because "self defense" isn't a currently recognized lawful use of a weapon (I'm sure we'll get a post-Bruen lawsuit to attend to that, eventually), you could still get charged with illegal possession if you state that as why you're possessing it.

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On 2/10/2023 at 1:57 PM, DirtyDigz said:

Yes.  However there is a "purpose" restriction - you cannot possess it to use it "unlawfully".

In practical terms, if you're stopped and a police officer sees the knife, and then asks why you have it, you cannot say "for self defense", because that's not a legal purpose for possession.

A "legal" answer is instead "for all purposes which are allowed under NJ Law" or "for my job", "opening boxes", "cutting tape" etc.

Or remain silent…

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Another area where NJ law or at least practices permit the creation of a privileged class of person which is unconstitutional. The NJSP carry an assisted opening knife and I doubt that they ever have to explain it the way I would have to explain my acquired overseas spring-assisted model which I carry strictly in case I am called upon to cut a cake in an emergency.

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31 minutes ago, njJoniGuy said:

Wondering what effect the Bruen decision has on NJ's size limitation (0.75 oz) on Pepper Spray and similarly packaged defense products.

The same exact effect. Bruen IS about self defense. This changed everything not just firearms

 

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7 hours ago, GRIZ said:

Okay, many of us carry knives.  But few of us really know how to knife fight. This is one of those things.

Imo use a knife to defend yourself. It will be okay, no pursuit of prosecution, or a prosecutor in this state go after you.

Just a word of caution...Using a knife to defend yourself is classed as deadly force. Deadly force is only justified when defending against deadly force. Whether it's a gun or a knife, the use of force laws are the same. 

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On 11/25/2023 at 9:04 AM, Mr.Stu said:

Just a word of caution...Using a knife to defend yourself is classed as deadly force. Deadly force is only justified when defending against deadly force. Whether it's a gun or a knife, the use of force laws are the same. 

Oh yes.

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On 11/25/2023 at 1:40 AM, GRIZ said:

Okay, many of us carry knives.  But few of us really know how to knife fight. This is one of those things.

Imo use a knife to defend yourself. It will be okay, no pursuit of prosecution, or a prosecutor in this state go after you.

 

  • Haha 2

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