I believe that’s a bit longer than the ‘4.5″ closed’ mentioned in the Statute. And third, it is certainly possible that the Supreme Court will wade back into the […]. There is no permit to carry concealed knives or machetes or shotguns or ice picks. North Carolina is a common law state. Absolutely. A baton should be fine as long as it's not concealed, but I think it's be up to the individual cop and the reason you gave for carrying it. Of course, if anyone has experience litigating related issues or is aware of additional state or local provisions that should be mentioned above, please let me know or post a comment. North Carolina. So my question is am I allowed to carry a kukri for self-defense? The most recent case is State v. Murillo, __ P.3d __, 2015 WL 170053 (N.M. Ct. App. I agree with your statement, I am currently a Criminal Justice major in NC and even my instructors say laws like that are at our discretion to enforce. My question is this, I have a fixed-blade hunting knife with a 4-1/4 inch blade, can I legally open carry this in North Carolina? Thanks for this clarification. Haha. BladeForums has ZERO TOLERANCE for extremism or calls of violence. It is better to just carry a narrow bladed pocket knife for that. Brass knuckles are legal in some states but might be considered a concealed carry weapon. A person who is opposed to politics as a whole and is concerned more for the general populace can be just as sure to call in a concern as anyone who have a particular political backing. People without a permit may carry an unloaded handgun … S. 14-269.2 prohibits the possession of any “bowie knife, dirk, dagger,” “switchblade knife,” or “any sharp-pointed or edged instrument” other than instructional supplies on educational property. Could litigation about knife laws arise in North Carolina? We request your assistance dealing with this as we do not want to see the site shut down due to violent threats. Seeing as it’s now 2019 can you tell me if this is still the case? I once asked a man who had a holstered blade on his hip, what the legal carry of knives were for N.C. Though it is legal to openly carry a weapon (guns and knives) in public (within reason you know not into banks and schools) I would have to assume that carrying a machete would be different. The government can carry their weapons in the courthouse, it is the common citizenry that is forbidden to do so. Open carry appears to be OK. S. 14-269.2 prohibits the possession of any “bowie knife, dirk, dagger,” “switchblade knife,” or “any sharp-pointed or edged instrument” other than instructional supplies on educational property. It states that a blade over 4 inches Is illegal to conceal. ). Unfortunately, there can be only one… Forget your Highlander fantasy. My question has to do with a “pocket knife” (no spring action) on a belt buckle. I have a fixed blade that’s overall blade length is 6.125″ with a cutting edge measuring 5.75″. Every state has it’s own unusual or unique laws, but North Carolina seems to win the prize for some of the strangest laws, and strangest penalties. Hand guns require a permit to carry. No, it is not legal to carry a sword in the state of Colorado. […] may recall a number of prior posts about Second Amendment case law. Just possessing got a pass (officer discretion) because I, like the majority of law enforcement officers, felt that the application any other way of the statute was unconstitutional and that it would be in violation of our oaths to press them. As of September 1, 2017, it is legal to carry a knife with a blade longer than 5.5 inches in many places in Texas. variation in law dependent on location in the state? Applying intermediate scrutiny, the court found that the provision “bans only a small subset of knives, which are themselves a peripheral subset of arms typically used for self-defense.” Further, it found that the prohibition addresses the serious problem of the use of such weapons for criminal activity. But not only is it legal to openly … … However, it’s a Class I felony in North Carolina to carry guns onto educational property, and the punishment becomes even steeper if you discharge a firearm (a Class F felony). I hope this is in the right area but I have been wondering, I live in North Carolina and you can open carry a handgun but is it legal to open carry a sword. A baton should be fine as long as it's not concealed, but I think it's be up to the individual cop and the reason you gave for carrying it. North Carolina is another one of the larger states in the US, stretching all the way from the Atlantic to the Blue Ridge Mountains. Open carry of a sword in NC is only socially acceptable when it is used as a means of enforcing a marriage contract between two soon-to-be parents, and only … It has been remarked that a double-barrel gun, or any other gun, cannot in this country come under the description of "unusual weapons," for there is scarcely a … Concealed dirks, daggers, bowie knives, slung shots, metallic knuckles, razors, or any other deadly weapons intentionally and knowingly is unlawful as well as strictly illegal in North Carolina. I know you couldn’t wear it on school grounds or into a courthouse. So it is illegal to carry a switchblade or a fixed-blade knife in your pocket in North Carolina. But yes, if a legal gardian is with you, it is perfectly legal to carry it from the store to the car--no one would ever buy a sword if he had to leave it IN the store, and even cops know this. i would like to know aswell i have a1.5 foot knife that i would like to carry, In the immortal words of Crocodile Dundee, “A knife? The main point is that it is not reasonable for people to become ” terrorized ” by the mere sight of a weapon, of any type, unless the weapon is being displayed in a threatening manner indicating the intent to cause harm or alarm. In this state it is not legal to carry a blade longer than 3 inches. Law enforcement officers would be happier to just limit the illegality to actions WITH a knife rather than just simply possessing one. It’s easy to get out fast and is shown, so under state law that would be legal to carry or would it not? In New Mexico, a functional sword would meet the definition of a deadly weapon (see NMSA 30-1-12), which is illegal to carry or have close at hand in public (see NMSA C30 S30-7-1), unless you have a concealed handgun license - which allows you to carry deadly weapons in addition to a concealed handgun (NMSA C30 S30-7-2). North Carolina is a common law state. This rule applys to state owned/run property, our state parks are a good example of this. But let a regular citizen film and the uninformed will get riled up. You are, after all, carrying around a hidden blade! You should be able to derive your answer from the NC Statutes cited above. concealed. The law bans the carry of “other dangerous or deadly weapon usually employed in the attack on or defense of a person.” Also the statutory wording for “dirk” means specifically the shape of the blade. Cameras are at stores, on the streets…everywhere. Entirely legal except for people with certain mental health conditions (again, check local law); no restrictions on open/conceal carry but if it is proven you are/were intending to commit a crime, carrying becomes a felony charge: New Mexico: Illegal: New York: Illegal: North Carolina: Legal to own, NOT to conceal carry: North Dakota Know The Laws Governing Pocket Knives in South Carolina Before Buying. I know that I limited my charging that particular statute to being in conjunction with assaults. Wake County Sheriff Donnie Harrison said, for example, that visible sidearms wouldn't be allowed at a similar rally in North Carolina. When Gerald Otis Evans was arrested last week, accused of pulling a knife on first responders, he was charged with being a felon in possession of a weapon. I’m not aware of a case decided under that statute concerning the status of knives, but case law generally provides that “[t]he definition of a deadly weapon clearly encompasses a wide variety of knives.”. Our statutes regulating knives include: There are local regulations of knives as well. Why people think that they can pick and choose which entities can record them is a puzzle. If it comes wrapped in clear plastic (like many do)you're good to go, just put it in a store bag as well. Federal knife law only applies those traveling from one to state to another, entering federal property (e.g. Only thing you can legally carry concealed within NC off of your own property is a pistol, pepper spray, or a pocket knife that is within what passes for a "legal definition" here. And it doesn’t say it’s legal. I’m a knife dealer and I sell Stilettos and Out the front knives. I don’t know if that was true or not, but I just got a folding knife and made sure it fit my hand, just in case. I’m curious what files or interpretations officers of the law would give on a count by count basis. I don’t know about internationally, but it’s mostly up to state regulation in the States. That’s not a knife.” (unsheathes impressive Bowie knife) “THIS is a knife.”, I would love to know the answer to this if someone has told you. So can someone state page and paragraph whether or not I am allowed to Carry my 15.5 inch blade on my waist in NC. Just ask the store to wrap it up corectly. That you William for the clarification on that using the knife clip meaning that the knife is no longer considered being concealed. All 50 states have their own knife law, and many of the local jurisdictions within a state will oftentimes have their own, more regulated knife laws as well. (2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner. I wanted to make sure I would not be breaking any laws. plus what would you need a machete in public for it takes too long to unsheath it for defence. On the field, swing it at baseball, not a weapon. --(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person. S. 14-315 prohibits giving or selling any “bowie knife” or “dirk” to a minor. Switchblades used to be illegal to carry in concealment until the law was repealed in 2017. A dirk is ANY knife that is sharpened on both sides of the blade including folding pocket knives. Jan. 21, 2015), holding that the New Mexico statute prohibiting possession of a switchblade knife did not violate the state or federal constitutions. For example, G.S. In North Carolina, if a weapon is in the trunk of a car, it is a legal carry as you cannot access it. a military base), or live in Washington DC. I carry mine that way. Product Recommendations. Asked on 2/09/12, 6:49 pm. Interesting that Scalia in DC v Heller specifically mentions Dirks being commonly carried when the Second Amendment was codified. The court specifically declined to follow State v. Delgado, 692 P.2d 610 (Or. As a NC law enforcement officer I would like to point out that a knife carried in your pocket by way of using its attached pocket clip causes the knife to no longer be “concealed”. No the maximum carry size is 4.5 in and plus why would you need to carry a sword??? It is illogical to figure the present lawless Gov. In operation since 1998, BladeForums.com has led the industry since Day 1. I live in charlotte, NC and I’m wondering if I’m legally allowed to carry this. Swords – California. If the public were to set the standards for what is allowed no one would have any rights in liberal areas. Maybe because he is trained and proficient with one and feels comfortable with one as his EDC. Violations of the concealed carry law can result in fines of $1,000-$3,000, confiscation of the weapon, and jail time of up to one year. When this states that no spring loaded projectile knife is allowed, I assume that throwing knives(depending on the knife) do not apply to this. 2014) (“[W]e hold that as applied in this case, Seattle’s prohibition on carrying a fixed-blade knife in public [in this case, a kitchen knife in the defendant’s pocket] did not violate [the defendant’s] federal constitutional right to bear arms.”). Until a few years ago, most Legislators never even considered creating laws specifically pertaining to swords, other than sword canes, which are concealed weapons. North Carolina defines a pocketknife as a small, folding knife, designed to fit in pocket or purse, which cannot be opened by a spring or an explosive or throwing motion. It is exactly the question I needed an answer to. Thankfully we have the majority of our law enforcement officers who ARE competent and quite capable of negating such onerous laws in the performance of their duties. They have weak blades and open a can of legal issues. Few outright bans exist on knife types, and you can expect North Carolina knife laws to largely apply to practical concerns for the safety of children, police and civil servants. It is legal to own a switchblade, balisong, bowie, dirk, dagger, stabbing knife, stiletto, or disguised knife. While you may legislate them, you certainly can’t force us to enforce the unconstitutional ones. Do you have a legal definition reference? But, if one was present (by the aggravator) during an assault then I will charge him. North Dakota allows open carry of long guns without a permit. I think it should be a misdemeanor to steal a candy bar and a felony to kill a person, but I’m not sure I think it should be a class H felony to steal $1,000 worth of grease. The only exceptions are the restrictions concerning carrying on school property and the (often appealed) intent to go armed. The statute that you’re referring to was concerning concealed carry. Is that even a thing? What would a M9 bayonet be considered? Other recent cases about knives include State v. DiCiccio, 105 A.3d 165 (Conn. 2014) (holding that knives and batons are “arms” within the scope of the Second Amendment and that a state statute prohibiting the transportation of such weapons between residences impermissibly infringes the right to possess them), and City of Seattle v. Evans, 327 P.3d 1303 (Wash. Ct. App. However, you can be charged under the common law principles of terrorizing the public if your possession of such weapon is causing concern to other citizens. Please explain and prove your point with accurate information. Nope. Most items can be considered to be Deadly Weapons, depending on the use of the item. Generally, it’s a Class 1 misdemeanor to carry weapons to these places (unless you have a concealed carry permit, in which case it’s a Class 2 misdemeanor). Thank you for your time. At least that is what I have been told is how it should happen. Since 2014, open carry of all types of knives of any length has been lawful under Tennessee law. Many statutes address deadly weapons generally and likely apply to most knives. Don’t bother with walking stick swords. In Oregon, switchblades fall under the category of “pocketknife” and are legal to conceal carry. My question is what is the open carry law,if any, of a fixed blade knife for a convicted felon no longer on probation or parole in North Carolina? If a liberal sees you carrying the same weapon and calls it in then you are breaking the law and can be charged for terrorizing the public. They get the same discrimination. prevents emasculation . “Arms” means weapons. Knives are the same, in my opinion. Generally, it’s a Class 1 misdemeanor to carry weapons to these places (unless you have a concealed carry permit, in which case it’s a Class 2 misdemeanor). We’re stubborn that way. Therefore if you are responsibly open carrying your 15″ blade among conservatives who couldn’t care less you are not breaking the law. South Carolina Knife Laws. That said, there are some limitations on the types of knives that one can carry in North Carolina. California Knife Laws. We can always discuss the legal merits of the question. In Georgia, when I was living there, the trunk of a car is the same as your house. Flashlights can be used to do more than flash light. When people loose the ability to use common sense, we all loose in the end. The reality is that law enforcement officers don’t pay much heed to those particular charges unless they are relevant to a violent incident that has occurred. Restrictions are made on concealed carry. This website purports to contain a partial list of such ordinances. Knives are arms. Wouldn’t that mean instead of a concealed carry it would automatically become an open carry. Bowies are legal. Every state has it’s own unusual or unique laws, but North Carolina seems to win the prize for some of the strangest laws, and strangest penalties. Not only can you own a sword in California without any kind of license, but you can also carry it openly without a license. Another reason many of us think that the lawmakers have lost their mind. In North Carolina, the open carry law is more complicated. In fact, it is illegal to carry any knife if you are behaving in a way that might be seen as threatening. Any knife outside of those 3 is legal to conceal carry. Just because someone does not approve of what they are seeing or is unusually fearful of objects not being used in a threatening manner does not mean they can expect an arrest. A childhood toy can be misused and be considered a weapon, like a baseball bat. 1984), which struck down Oregon’s switchblade ban under the state constitution’s right to bear arms. I haven’t checked it for accuracy. So, a 3″ knife is legal and a 3 1/8″ in one’s pocket is a felony I guess? In the street, swinging at other people’s head, a deadly weapon. Please see this thread here in Tech Support: https://www.bladeforums.com/threads/bladeforums-has-a-zero-tolerance-policy-towards-threats-of-violence-extremism-be-warned.1769537/, http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.html, (You must log in or sign up to reply here. I find most laws regarding the carriage of knives to be devoid of common sense. I’m not sure I understand why “liberal vs conservative” is a factor in that. Section 103 prohibits the possession or sale of any ‘switchblade knife’ within the city. Bubba Stik Blackthorn Irish Walking Stick Flashlights – Best Inconspicuous Self Defense Weapon. I agree with Tim on that one. Basically, knife-carry laws are unrestricted when it comes to open carry. In regards to open carry it is theoretically allowed as there are no statutes prohibiting it. I strongly encourage you to follow the advice of Mr. Weeden and Mr. Rosmarin, and to refrain from carrying a sword for self-defense purposes. If you Goggle the word “dirk knife” you do not see any folding knives. A knife used to rob or assault someone, a deadly weapon. Blade length limits apply to concealed carry. But guns aren’t the only “arms” sometimes carried for self-defense, and there have been several recent cases about the status of knives under the federal Constitution and state constitutions. (I think. Appearing in a public place, armed with a firearm, may be an affray at common law depending on the circumstances. However, it’s a Class I felony in North Carolina to carry guns onto educational property, and the punishment becomes even steeper if you discharge a firearm (a Class F felony). Is there any place that lists what constitutes concealed vs not? These limitations primarily apply to the concealed carry of a knife, with most being allowed for open carry, with exceptions. If there is a sign forbidding them then you can’t posses it on that property, a good example of this is a courthouse where it is illegal to have any weapons at all. There are clear legal distinctions about the right to carry guns in North Carolina. Common law. North Carolina knife laws can be complicated, but are largely permissive. I recently lost my library priveliges , I had a small stake , the officer figured it constituted a threat to stability , a shame. Any law enforcement officer with more than a year on the street has the realization that some of our laws were not made by competent constitutionally minded legislators and have their genesis in self-serving kowtowing by said legislator(s). It is illegal to carry daggers, stilettos, and knives designed for harming others. Also would it be legal to open carry it? Lol, Wondering if someone can help me I am going to be doing a show in Fayetteville NC this weekend. Bear in mind that, while sword canes make fun and cool canes for women and men, they are not always safe or legal to carry. So it is illegal to bring a pocket knife to school in North Carolina. Open carry advocates have long experience in having the police called on them by trembling pantywaist gun haters just because they are legally carrying their weapons. The blade folds in like a regular pocket knife, but does this constitute as an ordinary pocket knife? So what Im getting from all this is I can own any size or shape blade I want and it doesn’t have any laws or restrictions unless I take it into public and that’s when the laws take affect. Not saying I would do this, but lets put it to a what if scenario. I’m from Pennsylvania and we are allowed to sell them as collectables and at no time do I tell folks to carry them as a weapon. Cool, right? It is legal to carry any of these knives in the open. Swords are considered a bladed weapon along with knives. Keep in mind that Concealed Carry Hand Permit covers only handguns. Switchblades, dirks, daggers, stilettos, ballistic knives, dual-edge blades, and brass knuckles with built-in blades are all illegal to carry openly or in concealment. Is it legal to wear, since it is in plane view on the belt? Those interested in further reading might check out David B. Kopel et al., Knives and the Second Amendment, 47 U. Mich. J. L. Reform 167 (2013) (arguing that knives are protected by the Second Amendment and that “[p]rohibitions on carrying knives in general, or of particular knives [such as switchblades], are unconstitutional”). Common law. It is legal to carry any knife in the open. He told me that as long as the blade is the length of your palm catty-corner, then it’s legal carry. http://www.handgunlaw.us/documents/USKnife2.pdf Legal age a child can quit school in NC? Trying to distill it down to party lines isn’t really answering the question. Appearing in a public place, armed with a firearm, may be an affray at common law depending on the circumstances. I’ve looked everywhere and it doesn’t say it’s illegal. People who film in public are often harassed by police at the behest of people who cannot comprehend that they have no reasonable expectation of privacy in public. Only thing you can legally carry concealed within NC off of your own property is a pistol, pepper spray, or a pocket knife that is within what passes for a "legal definition" here. Before buying a pocket knife in any state in the USA, you need to know before hand whether owning one is legal or illegal in your state and what are the laws, rules or regulations governing these knives. And although the history of this handsome tool is quite impressive-it was a fashion favorite in the 18th and 19th centuries-society has changed dramatically since those times. Perhaps one could argue that some such regulations are preempted by state law, but I’m not aware of any cases on that issue. Probably not as Tennessee allows concealed loaded guns -gosh I love America! Dirks, bowie knives, machetes, ballistic knives, and throwing knives are all illegal to carry in concealment. The state permits the ownership and carrying rights of a wide range of knives. Is this correct? People who are not aware of this law can defend himself if he can prove that … Famous North Carolina(UNCCH grad) Robert Ruark had a chapter in his enormously popular book “The Old Man and the Boy” named “Same Knife, Different Boy.” Written in 1953 it lamented that knives and guns to some people are merely tools, which some of us use every day in certain parts of the year. Accessibility: Report a Digital Access Issue, S. 14-269, which prohibits the concealed carrying of any “bowie knife, dirk, dagger,” or “other deadly weapon of like kind.” The statute doesn’t apply to an “ordinary pocket knife carried in a closed position.” In. However, there are places (listed above) where you cannot carry a knife, concealed or open carry. In California, any fixed blade must be sheathed.
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