Académique Documents
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INTRODUCTION
Numerous laws exist in the United States times. The triangular, or occasionally rec- men’s knives were not designed to be
of America which provide that it is a crime tangular, cross section was necessary to weapons, despite the fact that they could be
to possess certain types of knives. These give the blade or stylus strength or rigidity. readily used as such and still be useful for
laws often provide that the crime has been A stiletto did not have a cutting edge.2 everyday common and lawful purposes.
committed upon the mere possession of a Rather, a stiletto was intended purely as a Over the years, there has been a tendency
knife of the prohibited type, and no proof of thrusting or stabbing instrument. The edge to apply the label “stiletto” to knives with a
criminal intent or incipient crime is of a stiletto blade was not suitable for slash- relatively flat or shallow wedge-shaped
required. Other prohibitions as to knives are ing or cutting, although the tip might be cross section, and which would have a
typically based on blade length and/or capable of inflicting a shallow wound if sharpened cutting edge capable of being
mechanical movement of the blade (for used in a raking manner. used for slicing. The label “stiletto” has also
example, a switchblade). The objective of the stiletto was to pro- been applied to a type or style of woman’s
It is the position of AKTI that knives are vide a weapon that could exploit the open- shoe. A large segment of the population is
inanimate objects, and remain so regardless ings or interstices of armor plate, or perhaps more likely to associate stiletto with a type
of various characteristics, such as length of pierce body armor composed of layers of of woman’s footwear than as a type of
blade, shape or style, the presence or leather and/or chain mail. A stiletto was a weapon. Moreover, a very small percentage
absence of a hand guard, the label or name pointer that could be used to stab. The of the population can be expected to have
that has been applied to the knife, etc. There stiletto was often used as a companion to any appreciation for the type of weapon
are no “good knives;” there are no “bad the sword, with the stiletto being held in the which came to be known in 16th century
knives.” non-dominant (typically the left) hand. The Italy as the stiletto.
This concept, (that it is the criminal, and stiletto was fitted with a cross guard so that In 2008, the U.S. Supreme Court held that
not the tool, that causes the crime), is long it could be used to parry the opponent’s the Second Amendment to the United States
established and well recognized in the his- sword. One could stab a watermelon with a Constitution guarantees an individual right
tory of our law and culture. For instance, in stiletto and easily push the blade complete- rather than a collective or militia-only right.3
the Torah it is stated: ly through the mid-section of the fruit. In other words, individuals or ordinary citi-
“The sword is not the cause of murder, However, one could not slice a watermelon zens have the right to keep and bear arms.
and there is no sin upon him who made it.” with a stiletto. Heller also established that for purposes of
Rambam, Commentary on Beresheis 4:23.
The labels of very commonly prohibited Vague laws fail to provide persons targeted by the
styles or types of knives, such as “dirk,” law or statute with guidance so that they may know
“dagger” or “stiletto,” had meaning several
hundred years ago. But the historic distinc- exactly what conduct is prohibited and so that they
tions have become largely meaningless due may adjust, or act, accordingly.
to, among other factors, advances in metals
technology; developments in weapons Advances in metallurgy have made pos- the Second Amendment arms was not con-
technology; and other cultural changes. sible relatively flat-bladed, but equally fined to “firearms” but rather within the
For instance, a style of knife, which came strong, “kitchen knives” that can accom- common 18th century understanding of that
to be known as the “stiletto,” was devel- plish the same offensive purpose of the word, “anything that a man wears for his
oped approximately 500 years ago. The stiletto. A knife that we would now use to defense, or takes into his hands or useth in
name “stiletto” derives from the Latin word slice sections of a watermelon, and which wrath to cast at or strike another.”
“stylus1.” These knives featured a relatively would be found in the typical kitchen, In 2010, the U.S. Supreme Court held
long blade in comparison to the triangular would also be suitable for thrusting through that the provisions of the Second
or rectangular cross section of the blade the melon. Similarly, a modern fisherman’s Amendment to the United States
which tapered to a point. Although these filet knife would also be effective for Constitution are incorporated into the
knives were made of iron or steel, the latter inflicting a stabbing wound, perhaps Fourteenth Amendment to the United States
being a derivative of iron, metals technolo- through 16th century body armor. These Constitution and apply to state and local
gy was in a rather primitive state in those typical, everyday kitchen knives and sports- governments as well.4 In other words, the
APPROVED KNIFE
DEFINITIONS
ability of state and/or local governments to what constitutes stiletto or dagger.
infringe or restrict the possession and carry- AKTI suggests that law-abiding citizens ARKANSAS TOOTHPICK – A fanci-
ing of arms, which includes knives, is also should be able to carry knives and cutting ful name for a large, straight-bladed knife.
limited by the Second Amendment to the tools without arbitrary and ineffective See “Bowie Knife” below.
United States Constitution. restrictions as to blade shape, style, length
The United States Constitution provides, or other such characteristics. Although it
and has been interpreted to require, that may be prudent to prohibit weapons of any BALLISTIC KNIFE – A device
laws must not be so vague that persons of type from being introduced into certain set- by which a blade becomes separat-
common intelligence must necessarily tings such as court facilities. ed from the handle and is pro-
guess at their meaning and might differ as AKTI further suggests that to the extent pelled or becomes a missile, utiliz-
to their application.5 Vague laws fail to pro- there are existing laws which prohibit the ing energy stored by some mecha-
vide persons targeted by the law or statute possession or carrying of certain types of nism within the device. A ballistic
with guidance so that they may know exact- knives, these laws must be construed nar- knife does not include a cross bow,
ly what conduct is prohibited and so that rowly and with deference to the United spear gun, or archery bow.
they may adjust, or act, accordingly. States Constitutional requirement of due Further, the term ballistic knife
Moreover, vague laws, by failing to provide process, as well as the right reserved to the does not include an implement
explicit standards for those who apply citizens by the United States Constitution described or labeled as a “throw-
them, “impermissibly delegate basic policy and the Constitutions of various states to ing knife” unless the blade of such
matters to policemen, judges, and juries for keep and bear arms. AKTI encourages throwing knife becomes separated
resolution on an ad hoc and subjective those involved in law enforcement and the from the handle during the intend-
basis, with the attendant dangers of arbi- administration of criminal justice to be ed and normal use of the device.
trary and discriminatory application.”6 guided by these definitions. People in these Comments: Among those states which
A vague law is especially problematic roles typically take an oath to uphold the currently prohibit “ballistic knives” are
where “the uncertainty induced by the United States, as well as the applicable Colorado, Florida, Georgia and Virginia.
statute threatens to inhibit the exercise of State Constitution. Examples of a practical ballistic knife are
constitutionally protected rights.”7 The unknown. It is not inconceivable, however,
Second Amendment to the United States It must be noted that although these that prohibitions as to ballistic knives might
Constitution creates a constitutional right to definitions are approved by AKTI, AKTI inappropriately be applied to a knife
keep and bear arms, which includes arms in cannot require any particular officer or designed to be thrown.
the classic traditional sense, meaning court to observe them. Accordingly, The distinguishing feature of a ballistic
weapons, along with a subset of arms AKTI cannot be responsible for any knife is that the blade can be launched or
referred to as “firearms.” adverse consequences deriving from the propelled as a projectile or missile separate
A common pattern in knife legislation misapplication or failure to apply these from the handle. The AKTI suggested rule
has been to prohibit the carrying of certain recommended definitions. of thumb is that if the blade is not separated
specified types of knives or weapons, such and propelled from the handle mechanical-
as a “stiletto” or “dagger,” without a defini- Various laws concerning knives ly, it is not a ballistic knife.
tion of the prohibited type. In a world or involve a blade length. However, there is A version of a ballistic knife was pro-
culture where the word “stiletto” has so an extremely wide variety of blade duced in limited quantities for the Soviet-
substantially deviated from its original shapes and handle shapes. In the absence era military. These devices utilized a blank
meaning, there is too much potential that a of an objective and standardized method firearm-type cartridge to propel the blade.
criminal conviction for possessing a “stilet- for determining blade length, there is the Other variations of propelled-blade
to” could be the result of an arbitrary and/or possibility of inconsistent enforcement. knives have been produced in limited quan-
discriminatory application or process of AKTI has developed a Protocol for tities utilizing spring action to separate and
law. An otherwise law-abiding citizen Measuring Knife Blade Length. propel the blade. The notion of a ballistic
should not be adjudged a criminal simply knife is more chimerical and fanciful than
because what may once have been a com- realistic or practical. AKTI suggests that it
monly recognized label is now widely mis- would be a misnomer to classify any such
understood. Similarly, an otherwise law- device as a knife.
abiding citizen should not be exposed to
arbitrary or discriminatory action by law
enforcement who may be applying an
expansive and very flexible definition of
EFFECTIVE CUTTING In the typical folding knife, the blade The slip joint design has been in use for
EDGE - An edge capable of per- swings or pivots in an arc of approximately well over a century and has the advantage of
forming ordinary, routine cutting 180° from the closed position (within the providing both bias toward closure and bias
tasks associated with activities handle) to the open position. Without some toward the fully open position. In short, it is
such as food preparation or food means of providing a bias or lock to the a time-tested, simple design that is reason-
service, or other common uses, closed position, the knife could swivel ably effective in keeping the blade in either
including but not limited to farm- open, or at least partially open, unexpected- the fully open or fully closed position.
ing, animal husbandry, garden- ly or unintendedly. (Figure 3) shows a type of knife fre-
ing, building trades, hunting, fis- There are a few folding knives in produc- quently referred to as the lock back. This
ging or any trade or crafts. tion which do not incorporate some sort of design utilizes the same type of bar spring
mechanical bias toward closure feature. to provide the bias toward opening, as well
See Appendix and Drawings that follow. An example of this type of knife is the as the bias toward closure. In that respect, it
Opinel knife, produced in France for over is similar to the slip joint design. It does
110 years. The blade is kept in the closed or have a design feature intended to enhance
folded position by a friction fit with the user safety by providing a positive lock
wooden handle piece. A rotating collar can mechanism to the fully open position. The
be turned to provide a mechanical lock lock back design utilizes a notch or mortise
when the blade is in the open position. at the base of the blade into which a tenon
1The Book of the Sword, Richard F. Burton, An old-fashioned "Straight Razor" is or projection of the back spring locks when
Shatto and Windus, London 1884.
another example of a folding knife-like the blade is pivoted to the fully open posi-
2Daggers & Fighting Knives of the Western device with no bias or other such mecha- tion. Closing of the knife requires the user
nism to hold it in either the closed, or for to depress the spring and release the lock.
World, Harold L. Peterson, Walker & Company,
New York, 1968, page 50. that matter, the open position. (See Figure 1) Another method of providing a bias to
3District of Columbia v Heller, 128 S Ct 2783 A common design for providing a spring- the closed position utilizes a leaf-type
(U S 2008).
loaded bias to both the closed and fully spring, which provides lateral pressure,
4McDonald, et al v City of Chicago, et a l., open position utilizes a bar spring, which rather than a back spring. This design is gen-
applies pressure, or a spring load, against erally referred to as the liner lock and is
130 S Ct 3020, (U S 2010).
5Smith v. Gogan, 415 US 5666 (1974). the base of the blade near the pivot point. attributed to knife designer Michael Walker,
This design is referred to as the "Slip Joint who developed this design in the 1970's.
6Garyned v. City of Rockford, 408 US 104
Knife." (See Figure 2) The direction of the The liner lock features a small depression
(1972). spring load is from the outer edge of the or detent on the blade near the pivot hole
7Colautti v. Franklin, 439 US 379 (1979).
blade toward the center of the pivot hole. When the blade is in the fully closed posi-
8The Complete Book of Knife Fighting, When the blade is in the fully open posi- tion, this detent is engaged by a ball partial-
William L. Cassidy, Paladin Press, 1975. tion, the force or load of the spring tends to ly embedded or set in the liner, which is
9Daggers & Fighting Knives of the Western keep the blade in that fully opened position. sandwiched between the blade and one side
World, Harold L. Peterson, Walker & Company, Folding or closing the knife requires a cer- of the handle when the knife is in the fold-
New York, 1968, page 60. tain amount of exertion to overcome that ed or closed position. The leaf spring is
10A swedge is typically beveled, as if to form bias and pivot the blade into the handle. anchored or fixed at the rear end of the han-
a cutting edge, but is not finished or ground to When the blade is in the fully closed dle. The lateral spring load of the liner
form an actual effective cutting edge. position (Figure 2C), the pressure of the pushes the ball into the detent and tends to
11Daggers & Fighting Knives of the Western back spring similarly tends to hold the keep the blade in the closed position.
World, Harold L. Peterson, Walter & Company, blade closed within the handle of the knife. Opening the blade requires sufficient
New York, 1968, page 67. Opening the blade requires a force to force to overcome the spring load, and by
1215 U.S.C Section 1241(b).
overcome the camming action created by camming action, force the ball against the
13House of Representatives, Subcommittee the eccentric tang or base end of the blade. load and out of the detent. As the blade
and Commerce and Finance Meeting of April For the first 45° (approximately) of pivot, swings or pivots in the arc toward the fully
17, 1958. there is a bias toward the closed position open position, the spring load continues to
1415 U.S.C Section 1244(5). After this 45-degree rotation, there is fric- exert pressure, and accordingly friction,
15 “…who walks into the classroom cool and tion resistance until the blade is pivoted in which must be overcome to move the blade.
slow, who calls the English teacher Daddy-O…” an arc of approximately 135°. At approxi- Once the blade is moved to the fully
Lines from a popular song: “Charlie Brown,” by mately that point the bias is often capable of open position, the spring-loaded liner
the Coasters, circa 1958-1959. moving the blade to the fully open position. moves laterally into a position which keeps
Folding Knife with Lock or Lock Back Folding Knife with Ball Detent
Figure 3 is a simple variation which utilizes a notch or mortise Typically, there is a small depression or detent on the blade near
at the back of the blade into which a tenon or projection of the the pivot hole. When the blade is in the fully closed position, this
spring locks when the blade is pivoted to the fully open position. detent is engaged by a ball partially embedded or set in the spring.
(See Figure 4)
Another method of providing a bias to the closed position and/or
resistance which must be overcome to manually open the blade of Opening the blade requires sufficient force to overcome the
a folding knife utilizes a spring load applied against the side of the spring load, and, by camming action, force the ball against the load
blade. and out of the detent. As the blade swings or pivots in the arc
toward the fully open position, the spring load continues to exert
pressure, and accordingly, friction, which must be overcome to
move the blade.
In Appreciation
A special thanks to Daniel C. Lawson, Esquire, of
Meyer, Darragh, Bucker, Bebenek & Eck, P.L.L.C,
Pittsburgh, PA, for his authorship and revisions of the
AKTI APPROVED KNIFE DEFINITIONS.