Vol 10 Issue 3.Qxd

www.akti.org Official Publicationnews of the American Knife && Tool Institute,update Inc. Volume 10 Issue 3 2008 AKTI's South Carolina Pro-Knife Bill Becomes Law By David D. Kowalski, AKTI Communications Coordinator "We have a law," AKTI lobbyist the 34 Senators present (of 46 total) start- amended to read: … 'weapon' means Palmer Freeman announced late in the ed the process. They voted 33-1 to over- firearm (rifle, shotgun, pistol, or similar day on Wednesday, June 25, 2008. ride the veto. Two hours later, 105 device that propels a projectile through AKTI's bill S968 cleared its final hur- Representatives present (of 124 total) reg- the energy of an explosive), a blackjack, a dle when both houses of the South istered their collective voice with a 93-12 metal pipe or pole, or any other type of Carolina legislature voted to overturn the vote to overturn the veto. device, or object which may be used to veto of Governor Mark Sanford. A 2/3 The bill becomes law virtually immedi- inflict bodily injury or death. (Removes majority vote of members present in both ately. Here are the pertinent amended sec- the phrase … “knives with blades longer houses was required for the override. tions: than two inches”.) Since the bill originated in the Senate, Section 16-23-405 of the 1976 Code is Section 16-23-460 of the 1976 Code is amended to read: … (C) The provisions Does Heller Decision Apply to Knives? of this section also do not apply to rifles, By Daniel C. Lawson, Esquire shotguns, dirks, slingshots, metal knuck- les, knives, or razors unless they are used The landmark decision by the United century meaning is no different from the with the intent to commit a crime or in States Supreme Court in the case of meaning today. The 1773 edition of furtherance of a crime.” (AKTI added District of Columbia v. Heller has Samuel Johnson's dictionary defined “knives” to this list to reinforce removing brought the national "gun rights" debate 'arms' as 'weapons of offence, or armour the knife reference in 16-23-405.) to the forefront. Perhaps those of us in of defence.' 1 Dictionary of the English the knife community are disadvantaged Language 107 (4th ed.) (hereinafter by the fact that there is no national knife Johnson). Timothy Cunningham's impor- *********************** rights debate. In any event, the June tant 1771 legal dictionary defined 'arms' AKTI can now claim success 2008 Heller decision directly addressed as 'any thing that a man wears for his in every state where we the issue of whether the U.S. defence, or takes into his hands, or useth Constitution, and specifically the Second in wrath to cast at or strike another.' 1 A have introduced pro-knife Amendment thereto, preserves an indi- New and Complete Law Dictionary legislation. Conservatively, vidual right to keep and bear arms or, in (1771); see also N. Webster, American the alternative, some sort of license Dictionary of the English Language AKTI's legislative victories which exists only in concurrence with (1828) (reprinted 1989) (hereinafter have saved 25 million one's service in a militia. The anti-gun Webster) (similar). "The term was individual knife owners. advocates have long and loudly argued applied, then as now, to weapons that for the militia-only interpretation. were not specifically designed for mili- *********************** Fortunately, five of the nine Justices tary use and were not employed in a mil- The successful override effort was respected the Constitution and decided in itary capacity.” fueled by a major email campaign gener- favor of an individual right. The bottom line in the words of the ated by knife-related forum announce- It is of particular interest to knife own- Court is “the most natural reading of ments and direct emails from the AKTI ers that after affirming the individual 'keep arms' in the Second Amendment is communications office. As lobbyist right interpretation, which should have to 'have weapons.'” If knives are or can Freeman said, “Quite a few of the legisla- been unquestionable, the Heller decision be weapons, then we, the people, have a tors I spoke with and all of the staffers I went on to provide some further guid- right to keep and bear them. spoke with mentioned the flood of ance on what is included in the right to Knives are tools. The overwhelming emails, correspondence and calls they got arms. majority of people who carry knives do on this veto vote. Thanks for the great The Supreme Court attempted to clari- so for non-belligerent purposes. grassroots effort.” fy several words used in the Second However, the fact that a knife can also AKTI would like to thank all those Amendment. With respect to the descrip- be a weapon, or that a particular knife who took the time to send letters and tion or definition of what is intended by has features that might make it a more emails during this process that involved "Arms," the Court stated: "Before effective weapon, should not be a reason several committee meetings, votes, and addressing the verbs 'keep' and 'bear,' we for legal prohibition as to the keeping or full floor votes in both houses, plus the interpret their object: 'Arms.' The 18th- bearing of it. The U.S. Constitution pro- veto-override vote. Kowalski also heaped South Carolina Victory Heller Decision have a right to have weapons. Accordingly, the Heller decision sup- praise on the efforts of lobbyist Palmer vides that we have a right to have ports an argument that a state statute pro- Freeman. “Without Palmer getting face- weapons. The United States Supreme hibiting dirks or daggers may be consti- to-face with key decision-makers, this Court in the Heller case has ruled that tutionally defective. successful result would not have hap- laws to the contrary offend the It would seem that man's oldest tool is pened,” Kowalski said. Constitution. When the founding fathers neither especially dangerous nor unusual. AKTI's success in South Carolina con- constituted our government, they clearly Knives are common and have been with tinues a long line of legislative triumphs provided that the government would not us since the Pleistocene Era. Statutory for bills they introduced that began in be permitted to infringe on that right. classifications of some knives as offen- California in 2000, then Florida in 2003, The Heller decision should offer some sive weapons rather than defensive Arkansas in 2007, and now South support for the ongoing efforts of AKTI weapons may be arbitrary. Carolina in 2008. to invite a more enlightened approach to It is difficult to predict how the Courts “Your AKTI membership dollars go knife legislation and to obtain relief from and various state and local governments directly to these successful efforts to arbitrary and ill-conceived knife laws will react. Richard Heller was reportedly make knife carry less perilous in this across the country. the first person in line when the District country,” Kowalski concluded. “We can't However, we must remember that of Columbia started to accept registra- do this without lobbyists and lobbyists rights, even the tion applications in cost money. By the same token, lawmak- inalienable rights, July 2008. His appli- ers who get emails, letters and phone which are the sub- *********************** cation was denied, in calls on any issue know that voters are ject of the first The Heller decision does not part because watching.” Ten Amendments invalidate the myriad state Washington, D.C. These legislative victories, one state at to the U.S. had enacted new a time, are the only way to effectively Constitution, may and/or local laws regarding rules for gun owner- change knife laws in the U.S. Aside from be subject to some knives. Similarly, the Heller ship. So he has again the Federal Switchblade Act, there is no limitation. As to decision does not invalidate sued the city to chal- national knife standard (and several states the right to keep lenge their new rules. allow switchblade possession). and bear arms, the the Federal Switchblade Act. That will be AKTI has developed a list of states Heller case does *********************** the scenario in every where questionable or highly discre- acknowledge the state or city where tionary knife laws put millions of individ- long-recognized there are knife laws. The Supreme Court ual knife owners in jeopardy. While we ability of the state to enact some reason- ruled in the Heller case, but other law- are not quite ready to announce the next able restrictions. In particular, the Heller suits in individual states will determine state on our list, we have learned some Court notes the propriety of restricting if and how the case will apply. valuable lessons. “dangerous and unusual” weapons. All Americans have not universally 1) A bill must take a reasonable, The Heller decision does not invali- welcomed the Heller decision. It seems rational position. date the myriad state and/or local laws some are displeased that we have a right 2) Hiring the right lobbyist is criti- regarding knives. Similarly, the Heller to the tools of self-defense, including cal. decision does not invalidate the Federal members of the law enforcement and 3) Both lobbyists and lawmakers Switchblade Act. The Heller case does legislative communities. Unless you need grassroots support prior to key provide the basis for an argument that want to become the next test case, be votes. the Federal Switchblade Act is unconsti- forewarned about being armed. 4) Individual knife owners have a tutional. Courts have previously upheld legitimate reason to contact lawmakers in the constitutionality of the Switchblade *** any state where you live, have relatives Act on the grounds that a prohibition who carry knives, plan to visit for busi- against switchblades would not impair Daniel C.

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