colbyjack223
Well-Known Member
Trying to dig up a liable source on the NC knife laws. There may be a there on here already. If so please direct me to that thread so I won't waste yall's time. Thanks in advanced.
Knife Laws
- Thread starter colbyjack223
- Start date
- Replies 20
- Views 1,091
Yes, we do. Pretty much anything other that a pocket "folder " that encloses the tip and has a blade length under so many inches is "illegal" to carry concealed. Sheath knives, etc, are technically illegal to conceal.
There is no legal limit on the length of a blade.
Jeppo
Bold inspired solutions for America 😂
Staff member
2A Bourbon Hound 2024
2A Bourbon Hound OG
Benefactor
Life Member
Supporting Member
Multi-Factor Enabled
For sure yes.
The kind that looks like this, "sold" at gun shows, is definitely considered a knife. However, as long as you keep it enclosed and sealed in the factory sheath, you're good to conceal it.
Last edited:
Partially true. There doesn't seem to be any state wide rule on length which has left it up to municipalities which creates a patchwork quilt of regulations.
For some reason I was thinking 14-269 specified an overall length requirement. Instead I think there may be some case law on the topic.
We have case law about what a pocket knife is too. IIRC that is where some of the 3" blade limits come from.
Just skimming this looks like it covers most of it.
http://www.knifeup.com/north-carolina-knife-laws/
These guys have some of the city codes listed.
http://www.handgunlaw.us/documents/USKnife2.pdf
Check these out: First is the official laws NCGS 14-269, subchapter 9, article 35
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_14/Article_35.pdf
There is 18 pages of the laws concerning concealed weapons, both firearms and knives.
The following is a good site from UNC Law School covering a variety of subjects, such as:
https://nccriminallaw.sog.unc.edu/knives-and-the-right-to-bear-arms/
There’s been a great deal of litigation recently about firearms and the Second Amendment. 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.
The most recent case is State v. Murillo, __ P.3d __, 2015 WL 170053 (N.M. Ct. App. Jan. 21, 2015), holding that the New Mexico statute prohibiting possession of a switchblade knife did not violate the state or federal constitutions. 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. The court specifically declined to follow State v. Delgado, 692 P.2d 610 (Or. 1984), which struck down Oregon’s switchblade ban under the state constitution’s right to bear arms.
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. 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.”).
Could litigation about knife laws arise in North Carolina? Absolutely. Our statutes regulating knives include:
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_14/Article_35.pdf
There is 18 pages of the laws concerning concealed weapons, both firearms and knives.
The following is a good site from UNC Law School covering a variety of subjects, such as:
https://nccriminallaw.sog.unc.edu/knives-and-the-right-to-bear-arms/
There’s been a great deal of litigation recently about firearms and the Second Amendment. 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.
The most recent case is State v. Murillo, __ P.3d __, 2015 WL 170053 (N.M. Ct. App. Jan. 21, 2015), holding that the New Mexico statute prohibiting possession of a switchblade knife did not violate the state or federal constitutions. 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. The court specifically declined to follow State v. Delgado, 692 P.2d 610 (Or. 1984), which struck down Oregon’s switchblade ban under the state constitution’s right to bear arms.
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. 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.”).
Could litigation about knife laws arise in North Carolina? Absolutely. Our statutes regulating knives include:
- 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 Matter of Dale B., 96 N.C. App. 375 (1989), the court ruled that a knife that was “about four and one-half inches in overall length, when folded,” was an ordinary pocket knife. However, the exception doesn’t cover switchblades, i.e., knives that that may be “opened by a throwing, explosive, or spring action.” So it is illegal to carry a switchblade or a fixed-blade knife in your pocket in North Carolina. 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. So it is illegal to bring a pocket knife to school in North Carolina.
- S. 14-269.6 prohibits the possession of “any spring-loaded projectile knife.”
- S. 14-315 prohibits giving or selling any “bowie knife” or “dirk” to a minor.
- Many statutes address deadly weapons generally and likely apply to most knives. For example, G.S. 14-269.4 prohibits carrying “openly or concealed, any deadly weapon” in courthouses and in certain state buildings. 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.” State v. Sturdivant, 304 N.C. 293 (1981). See also State v. Walker, 204 N.C. App. 431 (2010) (concluding that a three-inch knife was a deadly weapon).
Based on what I am reading, this (or any other auto-knife) seems illegal to carry in NC?
http://www.benchmade.com/automatic-knives/3300bk-1701.html
@thrillhill ?
http://www.benchmade.com/automatic-knives/3300bk-1701.html
@thrillhill ?
thrillhill
Assistant TO The Regional Manager
Staff member
Charter Life Member
Benefactor
Sponsor
Vendor
Multi-Factor Enabled
I'm no knife law expert by any stretch.
I just sell em.
And we sell a LOT of those Infidel style knives.
Mainly because we are over $100 cheaper than the lowest price internet vendors. But also because we are somewhat close to Ft. Bragg.
But yeah, it comes up in conversation a pretty frequently, and yes, that is my understanding of the law. From what I understand (but I am open to being wrong here) today in NC you can buy an automatic, you can own an automatic, but unless you are some form of military or first responder, and are in the course of exercising your duties, you can not carry an automatic opening knife.
I am not here as a vendor or staff member to suggest you "break the law", but, I carry whatever I feel like carrying that day.
In much the same fashion as my mom carried a .357 in her purse before we had a CCH program.
In much the same fashion as everyone I knew growing up had a handgun under the seat of their truck.
And in much the same fashion as I tried to break some of our old "blue laws" regarding sexual behavior as a teenager.
In other words, from my experience, it's generally one of those things you get charged with after you do something else larger in scale to violate the law.
If I have to go to a courthouse or something like that where I may have to empty my pockets I plan ahead to leave WHATEVER knife I might have in the vehicle.
Our knife laws are rather antiquated. Some states have recently responded to calls to update them, and several have recently decriminalized automatic openers. It would be nice if it happened here as well. But I am not holding my breath. The "knife lobby" is smaller than the gun lobby, and plus, hardly anyone cares, including your average LEO. I've been a "weapons geek" for a long time, and I don't know anyone who has been charged without some other issue being the "main problem" (ie, fighting the cops at the DUI checkpoint, domestic, assault, etc)
I think the key is it's illegal to conceal an automatic knife. I don't know for sure but I think you could win a case if the knife was clipped to a pocket. Even though the knife was mostly concealed there are so many people that carry with pocket clips that they would be hard pressed to say that they didn't know that was a knife.
when I read more closely it did seem that open carry was legal.
Is a belt case (think leatherman case) concealed? what if I stitch the word knife on it! LOL
No more than a flap holster is for a gun. If the police can readily identify that you have the weapon it would be hard to make a case for concealed. (Not to say that there's not one who might try if you piss them off.)
since when have switch blades been legal in NC?
Always. The law only addresses the concealment of said weapons.
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_14/Article_35.html
and where one can not be possessed.
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.2.html
@J R Green so you can conceal them as long as they aren't in prohibited areas?
No, read the first link.
Jeppo
Bold inspired solutions for America 😂
Staff member
2A Bourbon Hound 2024
2A Bourbon Hound OG
Benefactor
Life Member
Supporting Member
Multi-Factor Enabled