Saturday, 25 April 2015

Your Questions About Stilettos In The Kitchen

Donna asks…

Can someone clarify the Iowa weapons laws?

As long as I obtain the Iowa nonprofessional weapons permit, would I be allowed to carry a knife with a blade of 12" on my person? If so, may it be concealed somehow?

Our pick of the answers:

Eight inches is the legal limit and here is the Iowa Law.}{ Iowa Knife Laws Question What is the name of your state? Iowa I am considering purchaseing a knife for outdoor use and am wondering about the legal issues involved. Could someone tell me exactly what all of this means? How long of a fixed knife can I carry? Can I carry a pocket knife in my pocket? Ect. Thank you. Here is the law- Iowa - Crime Control and Criminal Acts - Definitions. 702.7. Dangerous weapon. A "dangerous weapon" is any instrument or device designed primarily for use in inflicting death or injury upon a human being or animal... Dangerous weapons include, but are not limited to, any offensive weapon... Firearm, dagger, razor, stiletto, switchblade knife, or knife having a blade exceeding five inches in length. - 724.4. Carrying weapons. 1. Except as provided in this section, a person who goes armed with a dangerous weapon concealed on or about the person... Commits an aggravated misdemeanor. 2. A person who goes armed with a knife concealed on or about the person, if the person uses the knife in the commission of a crime, commits an aggravated misdemeanor. 3. A person who goes armed with a knife concealed on or about the person, if the person does not use the knife in the commission of a crime: a. If the knife has a blade exceeding eight inches in length, commits an aggravated misdemeanor. B. If the knife has a blade exceeding five inches in length but not exceeding eight inches in length, commits a serious misdemeanor. 4. Subsections 1 through 3 do not apply to any of the following: a. A person who goes armed with a dangerous weapon in the person's own dwelling or place of business... B-d. [officials] h. A person who carries a knife used in hunting or fishing, while actually engaged in lawful hunting or fishing. I. [valid permit] - 724.1. Offensive Weapons... 5. A ballistic knife. A ballistic knife is a knife with a detachable blade which is propelled by a spring-operated mechanism, elastic material, or compressed gas... Section 724.3. Any person... Who knowingly possesses an offensive weapon commits a class "D" felony... (Also see Section 724.4. Carrying weapons.) Iowa Case Law: - "Intent was essential element in determining whether defendant who was found in possession of ten-inch kitchen knife was guilty of crime of carrying a concealed weapon." (1974) - "Defendant, who was found carrying two pocketknives, one in pocket and one on chain around his neck under his shirt, could not be convicted of carrying concealed dangerous weapons without proof of intent to use knives as weapons." (1966) - "Intended illegal use of knife cannot be inferred from defendant's bad reputation or former convictions for assault." (1966) - "Actual intent of user is not the issue in deciding whether instrument or device is dangerous..." (1984)

Mandy asks…

Legality of carrying a fixed blade in Iowa?

I'd like to switch over from a folder to a fixed blade knife for EDC (every day carry) The knife I'd use is between 2-3'' long. I understand that as long as its under 5'' its fine without a permit but does this apply to fixed blade knives as well? Please backup your answer with proof. I'm honestly not worried about it being too long because my folder is legal and is longer.

Our pick of the answers:

Cut and paste from a reliable source: "Iowa - Crime Control and Criminal Acts - Definitions. 702.7. Dangerous weapon. A "dangerous weapon" is any instrument or device designed primarily for use in inflicting death or injury upon a human being or animal... Dangerous weapons include, but are not limited to, any offensive weapon... Firearm, dagger, razor, stiletto, switchblade knife, or knife having a blade exceeding five inches in length. - 724.4. Carrying weapons. 1. Except as provided in this section, a person who goes armed with a dangerous weapon concealed on or about the person... Commits an aggravated misdemeanor. 2. A person who goes armed with a knife concealed on or about the person, if the person uses the knife in the commission of a crime, commits an aggravated misdemeanor. 3. A person who goes armed with a knife concealed on or about the person, if the person does not use the knife in the commission of a crime: a. If the knife has a blade exceeding eight inches in length, commits an aggravated misdemeanor. B. If the knife has a blade exceeding five inches in length but not exceeding eight inches in length, commits a serious misdemeanor. 4. Subsections 1 through 3 do not apply to any of the following: a. A person who goes armed with a dangerous weapon in the person's own dwelling or place of business... B-d. [officials] h. A person who carries a knife used in hunting or fishing, while actually engaged in lawful hunting or fishing. I. [valid permit] - 724.1. Offensive Weapons... 5. A ballistic knife. A ballistic knife is a knife with a detachable blade which is propelled by a spring-operated mechanism, elastic material, or compressed gas... Section 724.3. Any person... Who knowingly possesses an offensive weapon commits a class "D" felony... (Also see Section 724.4. Carrying weapons.) Iowa Case Law: - "Intent was essential element in determining whether defendant who was found in possession of ten-inch kitchen knife was guilty of crime of carrying a concealed weapon." (1974) - "Defendant, who was found carrying two pocketknives, one in pocket and one on chain around his neck under his shirt, could not be convicted of carrying concealed dangerous weapons without proof of intent to use knives as weapons." (1966) - "Intended illegal use of knife cannot be inferred from defendant's bad reputation or former convictions for assault." (1966) - "Actual intent of user is not the issue in deciding whether instrument or device is dangerous..." (1984) http://www.knife-expert.com" So, essentially a knife with a blade over 5" is considered a dangerous weapons per Iowa law. However, one can cary a larger blade made for hunting/fishing while actually engaged in that activity. One cannot carry a blade not intended for hunting/fishing even if engaged in that activity (i.e. Carrying a katana while fly fishing and claiming it is your fillet knife). Also, any knife over five inches "concealed on or about the person" is illegal. So if you have a fixed blade knife with a six inch blade on your belt and your shirt covers your belt, you could be charged with a misdemeanor. Usually, if you are not engaged in the commission of a crime this would never come up, but you could still be charged. If you were ever pulled over or stopped for something and they patted you down, this would be trouble for you. Your best bet is to stick with a small folder for EDC. However, to be absolutely sure, contact your county sheriff's office or local police department and ask them. When it comes to possible legal consequences, never take anything from an anonymous guy on the web as 100% accurate. It's your tail that will be thrown in jail.

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