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Holes in SB 140

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  • Holes in SB 140

    SB 140 would amend Ohio’s prohibition on carrying concealed weapons by adding the following language to R.C. § 2923.12: “(H) For purposes of this section, ‘deadly weapon’ or ‘weapon’ does not include any knife, razor, or cutting instrument if the instrument was not used as a weapon.”

    Currently, carrying a concealed knife is a felony under state law if it is “designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.” See R.C. § 2923.11(A) and R.C. § 2923.12(A)(1). SB 140 would exempt knives, razors or cutting instruments unless they are used as weapons.

    Under current law, as defined by caselaw, you can carry a non-scary looking knife as long as you don’t tell the cop that it is a weapon or use it as a weapon, and you are exempt from prosecution under R.C. § 2923.12 for carrying a concealed weapon and local knife laws. SB 140 would allow you to carry a scary looking knife to open your beef jerky, but not to defend yourself with. Brandish or use it in a self-defense situation and you are still going to jail for violating R.C. § 2923.12. So, if SB 140 passes, I will keep my knife in my pocket and use my 44 magnum for self-defense.

    SB 140 also does not effect local laws because local knife laws are not preempted by R.C. § 9.68. Only firearms are. I do not know of a city in Ohio that does not have criminal offenses for carrying knives.

    SB 140 would have meaning if it added knives to R.C. § 9.68 and exempted them under R.C. § 2923.11 if used as a weapon in a legally justifiable self-defense situation.
    "Laws that forbid the carrying of arms**disarm only those who [don't] commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than prevent homicides." - Thomas Jefferson.

  • #2
    I passed that along... I know we are communicating with Kniferights but I haven't seen any of those communications. If they had not considered any of this, they have been made aware of it now!

    Thanks Liberty...
    Hence it is, that democracies have ever been found incompatible with personal security or the rights of property; and have, in general, been as short in their lives as they have been violent in their deaths. James Madison, Federalist Paper No 10

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