Since when did carrying a pocket knife become criminal?

Wednesday, November 16, 2011

Whether the result is expulsion or not, I am rather appalled at the thought that simply possessing a folding pocket knife of any size at a school or school function could result in expulsion hearings in our public schools.

Perhaps I'm shocked and disgusted because I carried a pocket knife everywhere, including school, since I was about the second or third grade. I might have carried one sooner. I just can't remember back that far. I did not carry it as a weapon or with any criminal intent. It was just a very handy tool to have with me.

It's not that I'm in favor of students carrying pocket knives to school; I'm not. But should it be criminal if a student has one with no malicious intent? Should a student face expulsion hearings and a likely oneyear expulsion and permanent mark on his record if he or she slips up and forgets to empty pockets or purse before attending a football game or sporting event?

It seems we've gone from the days when having a weapon did not make one acriminal unless it was used criminally to the present time when even possessing anything which could possibly be used as a weapon is criminal regardless of use or intent.

I looked up state law on the matter and found that it was changed a short time back. While there used to be a length limit on knife blades which could be carried in one's pocket or purse without it being a violation of the law, now carrying any knife (defined as "any bladed hand instrument that is capable of inflicting serious physical injury or death by cutting or stabbing" - Arkansas Code 5-73-120) could be considered carrying a weapon. And it doesn't take a long blade to qualify.

The statute says: "A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to employ the handgun, knife, or club as a weapon against a person."

Though the statute language requires intent to use a knife as a weapon, sad to say, just carrying a knife - even a small pocket knife - is apparently now assumed to be with the purpose of using it "as a weapon against a person."

From what I have read, school districts are required by the state to have a weapons policy in place. The superintendent is even required to recommend the expulsion of any student possessing a weapon on school grounds or at a school activity, though some latitude is given to the superintendent and school board on a case-by-case basis. Districts are required to report any such expulsions to the state, and any school district not complying with state board mandates runs the risk of losing all state funding - perhaps state funding should be considered a coercive weapon.

Of course, the question arises: If a student is in violation for carrying a pocket knife to a school or school function, can parents and relatives be arrested if they fail to remove a pocket knife from their purse or pocket before attending a school sporting event or concert?

And, if we are to assume anything capable of causing great bodily harm is a weapon, where do we stop? I carry a tool box in my car with screw drivers, pliers, wrenches and wire cutters.Having it with me has come in handy a number of times along the road. Sometimes, I may even have a hammer or power drill in the trunk, depending on whether I've needed them for something recently. I don't intend to use them for weapons anymore than I ever intended to use a pocket knife as a weapon, but some of them could be much more effective weapons than a pocket knife.

What of the many pieces of equipment already at the schools? I'm thinking of items like baseball bats, weight bars, discus, shot, scissors, paper cutters, kitchen utensils, cleaning chemicals and an almost endless list of other items.To be honest with you, even a cheap ball-point pen or pencil can be a deadly weapon. Should we ban pens and pencils from schools? In the parking lot there are cars - probably the deadliest of all - gasoline, radiator fluid, tire irons and who knows what else. Shall we assume that possession of anything capable of use as a weapon is carrying a weapon?

The belt I use to hold up my trousers could be used as a weapon. Do I need to trade it in for suspenders? Perhaps suspenders, too, could also be used in a crime. What's a fellow to do? It's also become a crime to walk around at school with my pants too low.

Back in the days when I was in law enforcement, I was privileged (required by subpoena) a time or two to testify in federal court. That was quite an experience for a rural county cop. I knew not to wear my duty weapon and left my pocket knife in the car. At the metal detector, I had to surrender my work pager and remove my belt because of its metal buckle. My duty boots, unknown to me, apparently had some metal in the shank, so I had to remove them and have them checked before I could be admitted to testify.

Were we all safer inside? I don't think so. There were plenty of items which could have been used as weapons should anyone have entered the building with criminal intent. Even the armed guards - retired and well-aged police officers with revolvers bulging under their sport coats - looked incapable of fending off a bad guy's gun grab. Personally, I felt a lot safer in the rough neighborhood outside the courthouse than I did inside the building.

In my reading on the subject of pocket knives in school, I was unpleasantly surprised to read comments posted on a news article in which a primary school student picked up a closed pocket knife to give it to his father and was whisked off to school by his mother before he couldturn over the knife to his dad. Other students rummaging through his backpack while the students were left unattended in the classroom by the teacher found the pocket knife and were looking at it. The student was suspended and faced expulsion though there was no intent to bring the knife to school or use it as a weapon. From what I read, the teacher who left her class unattended was not suspended or disciplined. Nor were the boys who rummaged through another student's backpack while he was away. Yet, in the comments, many believed suspension and even expulsion were justified and suggested the mom be held accountable for not searching her son's backpack each day before loading him on the school bus.

It would seem that we have taken to punishing the innocent rather than the guilty and, perhaps, it is because we don't punish the guilty that we are forced to punish the innocent. In the end, school is no more of a safe place today than it ever was. All the new laws and policies just haven't curbed those with criminal intent. And criminal intent, it seems, is still on the rise.

Randy Moll is the managing editor of the Westside Eagle Observer. He may be reached by email at rmoll@ nwaonline.com.

Opinion, Pages 6 on 11/16/2011