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I assume that you are referring to instances where possession of the knife in question would in itself not be illegal, which will depend on the type of knife and the jurisdiction. Possessing one for illegal purposes would seem to suggest that there is a purpose behind carrying it which would be to carry out a crime. The crime itself wouldn't be the issue then, for instance if you stabbed someone with it then it would be the stabbing you'd be charged with and not the knife possession.

So what we end up with is that carrying the knife would either be legal or illegal, and if it's illegal than that in itself would be criminal. Otherwise, it would be the intent or act that would be breaking the law.

This would be similar to carrying around a Baseball bat, where there are legitimate purposes for this, playing baseball for instance, and there are purposes where it's being used as a weapon. So if you threaten someone with one, you have committed the crime of assault, and you wouldn't normally be charged with the additional offense of carrying the bat, in the same way you could be charged with illegal possession of a gun in addition if that were your weapon of choice.

So it's only when the item itself is illegal that this matters, although in the end its the specific use of the item that will be related to the crime, so if it's for unlawful purposes, everything unlawful about the event will be applicable.

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12y ago

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