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Possession Of A Dangerous Weapon In King County Washington

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  • 01-04-2008, 01:12 AM
    Bugbrain_04
    Possession Of A Dangerous Weapon In King County Washington
    in april of 2005, I was charged with possession of a dangerous weapon for a knife with an edge on both sides of the blade. Kinda like a dagger, but shorter. I got it at a renaissance fair, and rather liked it. Needless to say, it was confiscated.

    The charge states that I knowingly possessed:

    - Any instrument or weapon of the kind usually known as a blackjack, slingshot, sand-club, metal knuckles, chako sticks, nunchuka, throwing stars, clubs, or other similar instruments which are designed or constructed to inflict bodily injury or property damage; or,

    - any spring blade knife, balisong knife or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement

    Contrary to RMC 9.24.025(1) and (2), and against the peace and dignity yadda yadda yadda.

    I don't see a description of my knife anywhere in there, do you? Do they consider it a "similar instrument" to a handful of weapons not at all similar to my knife? And it wasn't designed to cause bodily harm, it was designed as a costume piece that adhered to the Society for Creative Anachronisms' (SCA) rigorous standards.

    I want to know if I can get my knife back. Or I suppose if I could have, if it's already too late.

    on a side note, why is it legal to purchase these things if it's illegal to own them? I see butterfly knives for sale all the time at smoke shops.

    Thanks for the help.
  • 01-04-2008, 01:58 AM
    cdwjava
    Re: Possession Of A Dangerous Weapon In King County Washington
    Here is the FULL section:

    9.24.025 Dangerous weapons — Use, possession, concealing, sales, manufacture.
    (a) It is unlawful for a person knowingly to:

    (1) Manufacture, sell, possess, purchase or carry any instrument or weapon of the kind usually known as a blackjack, slingshot, sand-club, metal knuckles, chako sticks, nunchuka, throwing stars, clubs or other similar instruments which are designed or constructed to inflict bodily injury or property damage;

    (2) Manufacture, sell, possess, purchase or carry any spring blade knife, balisong knife or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement;

    (3) Furtively carry with intent to conceal any dagger, dirk, pistol or other dangerous weapon; or

    (4) Use any contrivance or device for suppressing the noise of any firearm.

    (b) Exemptions. Subsection (a) shall not apply to the following:

    (1) The possession of a nunchuka, throwing star or other martial arts weapon on the premises of a school which holds a business license and teaches the arts of self-defense;

    (2) The manufacture of a nunchuka, throwing star, or other martial arts weapon for sale to, or the sale of a nunchuka, throwing star, or other martial arts weapon to a school which holds a business license and teaches the arts of self-defense;

    (3) Use of batons or nunchukas authorized by the Redmond Police Department for use by law enforcement officers.

    (c) Penalty. Any person who violates any of the provisions of this section is guilty of a gross misdemeanor, and upon conviction thereof shall be punished as provided in subsection 9.01.050(B) of this title. (Ord. 1968 § 1, 1998; Ord. 1791 § 1, 1994; Ord. 1524 § 2, 1989).

    Note that section (3) covers concealed daggers. If you had been carrying your knife in a concealed fashion, or furtively with the intent to conceal it, then it would seem to qualify.

    It appears you can purchase and carry them, just cannot conceal it in any way.

    You might consider consulting an attorney who can then evaluate the totality of your circumstance at the time of contact and determine if you have a defense or not.

    - Carl
  • 01-04-2008, 10:07 AM
    Bugbrain_04
    Re: Possession Of A Dangerous Weapon In King County Washington
    That's right, I remember seeing section (3) when looking over the law with the public defense attorney, and we both found it odd that I was charged with sections (1) and (2), when (3) really did seem more applicable.

    Even so, it wasn't concealed. I had it sheathed and stuck in a mesh pocked on the side of my backpack, handle clearly visible.

    I'm not interested in going through all the hassle of a court proceeding, and I can't afford an attorney. Especially now that I'm going to college over 350 miles away, haha. I was just hoping there might be some easy way to get the knife back. Hell, I doubt they still even have it.
  • 01-05-2008, 01:13 PM
    cdwjava
    Re: Possession Of A Dangerous Weapon In King County Washington
    They'll keep the knife at LEAST until after any court proceedings.

    To prevail, you'll have to go to court. Otherwise, you can plead no contest, I presume, and pay the fine or do whatever else might be required for the offense.

    - Carl
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