Schrade Viper legality?

Schrade Viper legality?

This is a discussion on Schrade Viper legality? within the Defensive Knives & Other Weapons forums, part of the Defensive Carry Discussions category; So I really like knives, and once again I found myself shopping around for yet another knife. I then came across the Schrade Viper 4034 ...

Results 1 to 12 of 12

Thread: Schrade Viper legality?

  1. #1
    Member Array rugerdude12's Avatar
    Join Date
    May 2013
    Location
    ohio
    Posts
    202

    Schrade Viper legality?

    So I really like knives, and once again I found myself shopping around for yet another knife. I then came across the Schrade Viper 4034 OTF knife for $34. The knife is 3.5 inches long and is double edged with serrations. After reading some reviews, I was ready to jump on it before a little voice in my head whispered "legal carry?" and I realized I hadn't thought at all of that knife being legal in ohio for carry because of its double edge and length. I did a little research but couldn't find any hard info on the matter. So does anyone know if this knife can be carried legally in Ohio? if not, I will probably spend a little more dough for a Spyderco manix 2 instead.
    schrade.jpg
    "The best we can hope for concerning the people at large, is that they be properly armed."


  2. #2
    VIP Member Array matthew03's Avatar
    Join Date
    May 2011
    Location
    S.W. VA
    Posts
    2,066
    With OTF knives being somewhat finicky and less reliable than side folder autos, I don't know that I would go bargain basement price on an OTF. If I were to EDC an OTF, and that's a big if, it would be one of the more proven brands and then only for light duty. Even then I would have a back up blade to the OTF.

  3. #3
    Sponsor
    Array luvmy40's Avatar
    Join Date
    Mar 2007
    Location
    Youngstown, OH
    Posts
    1,866
    Ohio law is notoriously vague and open for interpretation by the LEO in each case when it comes to knives. I know that within the last two years there was wording in the ORC that prohibited carrying a "Dagger", "Push Knife", "Gravity Knife", "Switch Blade" and "Nunchuku", but I can't find it in the ORC web site today. There is still a specific prohibition on possessing these items for sale to other than LEO which implies that they may be considered "A Deadly Weapon Other Than a Handgun".

    Also keep in mind that your Ohio CCW does not cover edged weapons of any kind and that the state preemption is limited to laws concerning fire arms. This means that every little podunk burgh can limit edged weapons in any way they see fit.

    2923.12 Carrying concealed weapons.
    (A) No person shall knowingly carry or have, concealed on the person's person or concealed ready at hand, any of the following:

    (1) A deadly weapon other than a handgun;

    (2) A handgun other than a dangerous ordnance;

    (3) A dangerous ordnance

    ...
    2923.11 Weapons control definitions.

    As used in sections 2923.11 to 2923.24 of the Revised Code:

    (A) "Deadly weapon" means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon...
    T*A*N*S*T*A*A*F*L
    The best things in life are not free.
    They are paid for with the blood of brave men and women!
    M&P Forum
    Ohioans For Concealed Carry
    Holsters

  4. #4
    VIP Member Array dukalmighty's Avatar
    Join Date
    Feb 2008
    Location
    texas
    Posts
    15,179
    In Texas it would be Illegal,not sure about Ohio,but stillettos have a Bad Rap and only "Assassins" would carry one
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

  5. #5
    Administrator
    Array QKShooter's Avatar
    Join Date
    Dec 2004
    Location
    Off Of The X
    Posts
    35,922
    I would not carry that particular knife in Ohio.

    That is not a knife that an Ohio jury would conclude had any other useful purpose other than it being designed and carried as a deadly weapon.


    State v. Anderson (1981), 2 Ohio App. 3d 71 -- Even though an object such as a knife may be readily identifiable as a deadly weapon, the state must further prove that it was either (1) designed or specially adapted for use as a weapon, or (2) possessed, carried or used as a weapon.

    Cleveland v. Barnes (1984), 17 Ohio App. 3d 30 -- Whether or not a knife is a deadly weapon is a factual issue for the jury to determine. It is error to instruct that a knife is a deadly weapon per se.

    State v. Cathel (1998), 127 Ohio App. 3d 408 -- Evidence failed to show four inch folding knife was carried as a weapon. There is no presumption that a knife is carried as a deadly weapon, and nothing in the circumstances permitting such an inference. "Deerslayer" trade name indicates it is for use on deer, not humans, court noting even "007" marking was not enough to allow inference of use as weapon in another case. Also see State v. Sears (1980), 18 Ohio Ops. 3d 126.
    Liberty Over Tyranny Μολὼν λαβέ

  6. #6
    Senior Member Array Hatrix's Avatar
    Join Date
    May 2013
    Location
    Ohio
    Posts
    918
    The laws on knives here in Ohio are extremely vague and most times different in every city. For instance the town I live in, if you're carrying anything other than a butter knife you're in for trouble. I may be embellishing a bit, but you get the idea.

  7. #7
    VIP Member Array WrongRecroom's Avatar
    Join Date
    Oct 2013
    Location
    AZ moutain lands
    Posts
    4,772
    See for me if I lived in a state where the laws were vague and no state preemption I would stick with something like a spyerdco non assited knife . I have a couple and they open fast and they do not look like tactaial 'murder knives' plus most are neither auto or assisted opening .. . I have been reading OH laws Ohio Knife Laws? Ohio Knife Laws | KnifeUp and they are vague and without sate preemption you could end up in the wrong county and be in trouble .

    Think of it this way if your were a cop and found that on you what would you think .... I know that sound sucky but I tend to think that way

    Plus I have had otf knife do not buy cheep ones trust me on that . If you want a auto knife get a side auto knife or a high end auto knife with a good warranty .

  8. #8
    Member Array Mdauben's Avatar
    Join Date
    Oct 2012
    Location
    Alabama
    Posts
    207
    Quote Originally Posted by matthew03 View Post
    With OTF knives being somewhat finicky and less reliable than side folder autos, I don't know that I would go bargain basement price on an OTF.
    Quote Originally Posted by WrongRecroom View Post
    Plus I have had otf knife do not buy cheep ones trust me on that . If you want a auto knife get a side auto knife or a high end auto knife with a good warranty .
    Just a minor correction. The Schrade Viper OTF in not an auto. Its advertised as an A/O style knife. I do agree that a quality OTF auto is going to cost a lot more.

    Sent from my SAMSUNG-SGH-I337 using Tapatalk
    Mike

    “Arms in the hands of citizens may be used at individual discretion... in private self-defense.”
    John Adams (Americas 2nd US President)

  9. #9
    Senior Member Array Rotorflyr's Avatar
    Join Date
    May 2006
    Location
    Among the living
    Posts
    773
    I haven't seen the Viper in person, but in general the Schrade knives are decent to good quality (certainly not top tier though).

    As for legality, it's been noted that Ohio's laws regarding knives are vauge at best and may vary greatly from locality to locality.

    Having said that, I'll tell you something a LEO friend of mine once told me:
    "If you can show that the knife you are carrying has a 'utility' purpose (other then slicing/stabbing) you Usually will be in good shape"

    He went on to advise carrying something with a glass breaker tip and seatbelt cutter (because it's "useful" in case you get in to an "auto accident" )

    swk.JPG 71oAgNUtP4L._SL1500_.jpg
    When Guns Are Outlawed, Only Outlaws will have guns

    Just remember, When seconds count help is mere minutes away

    Also remember, When you go to trial by jury you are putting yourself into the hands of 12 people who weren't smart enough to get out of jury duty.

  10. #10
    Senior Member Array Hatrix's Avatar
    Join Date
    May 2013
    Location
    Ohio
    Posts
    918
    That's the bummer... as far as I know, locking blade knives are prohibited here, regardless of size or usefulness.

    I may be wrong, but I've heard that from more than a few people.

  11. #11
    Sponsor
    Array luvmy40's Avatar
    Join Date
    Mar 2007
    Location
    Youngstown, OH
    Posts
    1,866
    Never heard or read anything that specifically disallows locking blades in Ohio. It all boils down to opinion of whether the knife is a tool or a weapon. I'd argue that the locking blade is a requirement for safety on a tool that gets rough use daily.
    T*A*N*S*T*A*A*F*L
    The best things in life are not free.
    They are paid for with the blood of brave men and women!
    M&P Forum
    Ohioans For Concealed Carry
    Holsters

  12. #12
    Senior Member Array Rotorflyr's Avatar
    Join Date
    May 2006
    Location
    Among the living
    Posts
    773
    Here's an article on Ohio knife laws from June of this year, it is speaking to the laws on the State level, so remember local ordinances may (and likely will) differ.

    Ohio Knife Laws | KnifeUp
    When Guns Are Outlawed, Only Outlaws will have guns

    Just remember, When seconds count help is mere minutes away

    Also remember, When you go to trial by jury you are putting yourself into the hands of 12 people who weren't smart enough to get out of jury duty.

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

is the schrade viper legal

,
is the schrade viper legal in mo
,
schrade otf viper
,
schrade otf viper review
,

schrade viper

,
schrade viper 3 legal to carry
,

schrade viper 4034

,

schrade viper legal

,
schrade viper otf
,
schrade viper otf legal
,

schrade viper otf review

,

schrade viper review

Click on a term to search for related topics.