Are Butterfly Knives Illegal in Oregon? A Comprehensive Guide

Butterfly knives, also known as balisongs, have long captured the fascination of knife enthusiasts due to their unique design and the skill required to wield them effectively. However, their legality varies significantly across jurisdictions, including the state of Oregon. This article delves into the intricacies of Oregon’s laws regarding butterfly knives, clarifying whether they are legal to own, carry, or use in specific scenarios. Drawing from reputable sources, this guide aims to provide a clear and detailed understanding of the subject. Follow: self-defensetools.com!

Table of Contents

What Is a Butterfly Knife?

A butterfly knife, or balisong, is a folding pocketknife with two handles that counter-rotate around the tang. When closed, the blade is concealed within grooves in the handles. These knives are commonly associated with flipping tricks and are popular among collectors and martial arts practitioners.

Despite their appeal, butterfly knives are often considered controversial due to their association with street crimes and their potential for swift deployment, which can lead to misconceptions about their purpose and legality.

Overview of Knife Laws in Oregon

Oregon is known for its relatively permissive stance on knife ownership compared to many other states. However, there are specific legal considerations regarding the type of knife, how it is carried, and where it is carried.

Key Definitions in Oregon Knife Law

Dirk and Dagger: Defined as knives designed primarily for stabbing.
Switchblade or Spring-Assisted Knives: Knives that can be opened with a button or other external mechanism.
Butterfly Knife (Balisong): Considered a type of gravity or centrifugal knife, as it can be opened through inertia or wrist action.

Under Oregon Revised Statutes (ORS) 166.240, certain knives are subject to restrictions on concealed carry, although ownership is generally not prohibited.

Are Butterfly Knives Legal to Own in Oregon?

In Oregon, it is legal to own a butterfly knife. There are no statewide prohibitions against possessing these knives in private or displaying them as part of a collection. However, ownership does not grant unrestricted rights to carry or use the knife, especially in public settings.

Concealed Carry of Butterfly Knives in Oregon

The legality of carrying a butterfly knife depends largely on whether the knife is carried openly or concealed.

Oregon’s Concealed Carry Law

Under ORS 166.240, it is illegal to carry concealed on one’s person any knife that can be opened by centrifugal force or has a blade that projects by force of a spring. This statute applies directly to butterfly knives, which can be opened with a flick of the wrist.

Carrying a butterfly knife in a concealed manner—such as in a pocket, bag, or under clothing—is considered a Class B misdemeanor in Oregon. Penalties may include fines, community service, or even jail time, depending on the circumstances and prior offenses.

Open Carry of Butterfly Knives

Oregon’s laws are more lenient regarding open carry. Carrying a butterfly knife openly, such as in a sheath on a belt or visibly in a bag, is generally permitted. However, there are important exceptions to this rule.

Restrictions on Open Carry

Public Buildings: Knives of any kind are prohibited in certain public spaces, including government buildings, schools, and courthouses.
Local Ordinances: Some cities and counties in Oregon may impose stricter regulations on knives, including butterfly knives. For example, Portland has more restrictive laws concerning weapons.

Before carrying a butterfly knife openly, it is advisable to review local ordinances to ensure compliance.

Legal Use of Butterfly Knives

While ownership and open carry are generally allowed, using a butterfly knife in a threatening or harmful manner can result in severe legal consequences. Oregon law prohibits:

Brandishing a Knife: Displaying a knife in a threatening way with the intent to intimidate or provoke.
Using a Knife in a Crime: Employing a knife during the commission of a crime can lead to enhanced penalties.

Exceptions and Special Considerations

Prohibited Persons

Certain individuals may be prohibited from owning or carrying butterfly knives, including:

Convicted Felons: Federal and state laws restrict weapon possession by individuals with felony convictions.
Minors: While there is no specific age restriction on knife ownership in Oregon, minors may face limitations on carrying knives in public.

Transportation of Butterfly Knives

Transporting a butterfly knife in a vehicle is subject to the same concealed carry restrictions. If the knife is stored in a way that conceals it—such as in a glove compartment or under a seat—it may be considered a violation of ORS 166.240.

To avoid legal issues, transport butterfly knives in a visible manner, such as in a case on the dashboard or in the trunk.

Case Law and Legal Precedents

Oregon courts have upheld the state’s concealed carry restrictions on butterfly knives. Notable cases include:

State v. Ramer: This case reaffirmed that butterfly knives fall under the category of centrifugal knives, making their concealed carry illegal.
State v. Harrison: The court emphasized the importance of intent and manner of use when determining legality in knife-related incidents.

These precedents highlight the need for caution and compliance with state laws.

Comparing Oregon’s Laws to Other States

Oregon’s knife laws are relatively permissive compared to states like California or New York, where butterfly knives are outright banned. However, they are stricter than states like Texas, which allow open and concealed carry of most knives without restrictions.

Practical Tips for Knife Enthusiasts in Oregon

Stay Informed: Laws can change, so regularly check for updates to state and local regulations.
Avoid Concealment: Carry butterfly knives openly to comply with Oregon law.
Check Local Ordinances: Ensure that you are aware of any city-specific rules, particularly in urban areas like Portland.
Use Responsibly: Avoid using butterfly knives in a manner that could be perceived as threatening or unlawful.
Consult Legal Experts: If you have questions about knife laws, seek advice from an attorney familiar with Oregon’s statutes.

Conclusion

In Oregon, butterfly knives are legal to own and carry openly, but concealed carry is prohibited under state law. Knife enthusiasts should be mindful of these restrictions and the potential for additional local regulations. By adhering to legal guidelines and using butterfly knives responsibly, individuals can enjoy these unique tools without encountering legal troubles.