Does anyone know of a placei can check to see if butterfly knives are legal to carry in arkansas.
I found this by searching Google for Arkansas criminal statutes:5-73-120. Carrying a weapon.(a) A person commits the offense of carrying a weapon if he possesses a handgun, knife, or club on or about his person, in a vehicle occupied by him, or otherwise readily available for use with a purpose to employ it as a weapon against a person. (b) As used in this section, unless the context otherwise requires: (1) "Handgun" means any firearm with a barrel length of less than twelve inches (12") that is designed, made, or adapted to be fired with one (1) hand; (2) "Knife" means any bladed hand instrument that is capable of inflicting serious physical injury or death by cutting or stabbing. It includes a dirk, sword or spear in a cane, razor, ice pick, and a throwing star, switchblade, and butterfly knife; and (3) "Club" means any instrument that is specially designed, made, or adapted for the purpose of inflicting serious physical injury or death by striking, including a blackjack, billie, and sap. (c) It is a defense to a prosecution under this section that at the time of the act of carrying a weapon: (1) The person is in his or her own dwelling, place of business, or on property in which he or she has a possessory or proprietary interest; (2) The person is a law enforcement officer, prison guard, or member of the armed forces acting in the course and scope of his or her official duties; (3) The person is assisting a law enforcement officer, prison guard, or member of the armed forces acting in the course and scope of official duties pursuant to the direction or request of the law enforcement officer, prison guard, or member of the armed forces; (4) The person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon; (5) The person is a licensed security guard acting in the course and scope of his or her duties; (6) The person is hunting game with a handgun which may be hunted with a handgun under rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun; (7) The person is a certified law enforcement officer; or (8) The person is in a motor vehicle and the person has a license to carry a concealed weapon pursuant to § 5-73-301 et seq. (d)(1) Any person who carries a weapon into an establishment that sells alcoholic beverages shall be deemed guilty of a misdemeanor and subject to a fine of not more than two thousand five hundred dollars ($2,500) or imprisonment for not more than one (1) year, or both. (2) Otherwise, carrying a weapon is a Class A misdemeanor. History. Acts 1975, No. 696, § 1; 1981, No. 813, § 1; A.S.A. 1947, § 41-3151; Acts 1987, No. 266, § 1; 1987, No. 556, § 1; 1987, No. 734, § 1; 1995, No. 832, § 1; 2003, No. 1267, § 2.
"with a purpose to employ it as a weapon against a person."
I'd be curious to see how their courts have interpreted that.
Some statutes construe mere possession as intent to use. In New York, possession of a firearm in an automobile creates a rebuttable presumption of intent to use.
A presumptionm can be rebuttable or irrebuttable. A rebuttable presumption means, in the absence of evidence either way, the intent is presumed. There is a burden to show some evidence of lack of intent. At that point, the burden shifts to the prosecution to put forth evidence of intent.
If the defense shows no intent-related evidence, then intent is considered proven.