ESEE 6
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ESEE 6
Do you think that a ESEE 6 inside your belt would be considered a "ordinary hunting knife" by KRS? I have a CCDW , but just wondering. Love it Ssracer thanks.
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- justang1997
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Re: ESEE 6
The krs leaves room for interpretation there. Pay attention to 500.080 (b) where it says "readily capable".
b)
Any weapon from which a shot, readily capable of producing death or other
serious physical inj
ury, may be discharged;
(c)
Any knife other than an ordinary pocket knife or hunting knife;
The case law usually says a folding knife isn't readily capable yet a fixed blade is readily capable. A good lawyer would argue that a "ordinary" hunting knife is a folding knife.
b)
Any weapon from which a shot, readily capable of producing death or other
serious physical inj
ury, may be discharged;
(c)
Any knife other than an ordinary pocket knife or hunting knife;
The case law usually says a folding knife isn't readily capable yet a fixed blade is readily capable. A good lawyer would argue that a "ordinary" hunting knife is a folding knife.
- ssracer
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Re: ESEE 6
SourceThe gray area here are knives that are not ordinary hunting and pocket knives. Here is what case precedence says.
The case of Kennedy v. Commonwealth in 1976 found that any thing can be considered a deadly weapon if the person using it convinces the victim that the weapon is life threatening. Therefore, threatening someone’s life with a trainer knife (a trainer is a knife that has no blade) is illegal if the person who you threatened actually believed that the trainer was deadly.
Deadly weapons are only things that are weapons. The case of McCombs v. Commonwealth in 2006 found that a crowbar is not a weapon because the legislature intended for deadly weapons to be only things that are designed to be weapons and not things that also have a utility use.
However, the case of Stout v. Commonwealth found that a utility knife was a deadly weapon since it falls under the definition of a knife.
In other words, it's up to the judge, so be sure to use a good lawyer.
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