Is a spring assisted folding knife illegal to conceal in Wisconsin?
My boyfriend gave me a spring assisted folding knife (blade 3.25") and I never have used it. However, in a recent search of my bag an officer found it and gave me a ticket for possession of a switchblade. I've seen these types of knives sold in Sherpers and other hunting stores so my questions are..
1. Will I get charged with having a switchblade?
2. What will the penalty be (I have a squeaky clean record, not even a traffic violation)
3. Do I have any case in trying to fight this?
(I am 19 years old, live in the Waukesha County. Brookfield cops took the knife.)
(I know the knife laws from Wisconsin. I've tried looking this up extensively by myself. I want to know if I can make a dispute since it technically isn't a switchblade, but a folding knife. Hopefully from a WI officer..)
Here is the text for Wisconsin's law:
Whoever manufactures, sells or offers to sell, transports, purchases, possesses or goes armed with any knife having a blade which opens by pressing a button, spring or other device in the handle or by gravity or by a thrust or movement is guilty of a Class A misdemeanor.
Here is a link to Wisconsin's law on switchblades:
http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&jd=941.24
There seems to be room for argument because the knife is only assisted by the spring. Until this is decided by case law or legislature, this interpretation may vary between the District Attorney in each county. I would suggest you contact their office for clarification.
Additional details: I am an officer in Wisconsin. However, the District Attorney and/or City Attorney is ultimately responsible for interpreting the law outside the courtroom, and the judge is responsible inside. They both have substantial discretion, so the opinions can differ. If you got a ticket from a Brookfield officer, then it is probably for a local ordinance. Check the ordinance number here:
http://www.townofbrookfield.com/ordinances.html
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