It is the position of AKTI that the label “dirk” is too vague and cannot be satisfactorily defined with sufficient precision. Accordingly, any law which provides an offense has been committed by one who possesses or carries a dirk or dirk knife is constitutionally defective.
Comments on Dirks
Various states, including California (see comments for Dagger), Connecticut, Maine, Ohio, Georgia, New Mexico, Minnesota and Idaho prohibit dirks.
A modicum of research will reveal that what is now understood to be the “classic” or historically correct example of a “dirk” developed in mid-17th century Scotland. (9) This type of knife generally had one cutting edge with perhaps an opposing “swedge” (10) near the tip. The English government passed “Disarming Acts” in 1716 and 1725 in response to Scottish uprisings. These Acts focused on, among other things, Scottish swords and dirks. After another Scottish uprising in 1745-1746, the government outlawed kilts, clan tartans and other indicia of Scottish culture. It may be that there is a historical “anti-dirk” bias in Anglo-American law.
In the first half of the 19th century, a type of short sword, labeled the “navel dirk,” began to appear.(11) The naval dirk seems to have been more ceremonial than practical and was issued to or carried by mid-shipmen or young officers in training. This short sword was abandoned as the 19th century came to a close. In any event, the naval dirk bears almost no resemblance to the Scottish dirk which developed 200 years earlier. It is mentioned here to show that labels are often adopted or applied to different types of knives.
In any event, a type of knife that generally has one cutting edge, and perhaps an opposing swedge near the tip, could be almost anything. Absent the use of traditional Scottish handle materials or decorative touches, essentially any knife could come within the definition of dirk. This prohibition affords far too much leeway for inconsistent law enforcement and/or the inconsistent administration of justice.
I found some of these on google images.
Here is Prince Charles being presented with one of Rab Gordon's exquisite dirks. He looks very pleased with it. |
No comments:
Post a Comment