Kershaw knives in NC

[rabblerabble101]

Today I went to Bass Pro Shop to look for a knife to replace my kershaw speed safe (they are not allowed on campus from what I have been told)...while I was looking at the knives and talking with the salesperson at Bass Pro, he told me that it was illegal to carry a kershaw speed safe in the state of North Carolina.

I asked him if they were illegal then why did Bass Pro sell them? He replied that you aren't allowed to carry one, but you can keep it at the house and use it and not get in any trouble.

Anyways, I guess the point of this post is to ask anyone from North Carolina (specifically Charlotte), are the Kershaw knives illegal to carry?

 

[Nikdfish]

In the concealed weapons statute you can find the following language:

"- 14-269 (excerpts). Carrying concealed weapons. (a) It shall be
unlawful for any person, except when on his own premises,
willfully and intentionally to carry concealed about his
person any bowie knife, dirk, dagger... razor... or other
deadly weapon of like kind. This section does not apply to
an ordinary pocket knife carried in a closed position. As
used in this section, "ordinary pocket knife" means a
small knife, designed for carrying in a pocket or purse,
which has its cutting edge and point entirely enclosed by
its handle, and that may not be opened by a throwing,
explosive, or spring action...
-14-269.2... (d) It shall be a misdemeanor for any person to
possess or carry, whether openly or concealed, any...
bowie knife, dirk, dagger... switchblade knife... "

The term switchblade is not defined here, but in another statute it is defined as "A knife containing a blade that opens
automatically by the release of a spring or a similar contrivance". Common usage would be that it refers to an "automatic" knife that opens when a blade under tension is released by a button or switch.

There is some wiggle room for assisted opening blades, since they require some degree of manual blade movement before the torsion bar kicks in to move them into their locked position ...

If the vendor thought carry of speed safe blades was illegal because they were considered "switchblades", then it would seem that even simple possession would also be illegal.

disclaimer ... I am not an attorney and make no claim of expertise.

Nick

 

[model49]

I had a couple of the Kershaw assisted opening knives and sold them because of this ambiguous law.

I know I could have carried them on my own property - but what's the point?

I was afraid I might get caught accidentally carrying one and it would affect my ability to keep my CHL in NC.

This is a stupid law. I know several law enforcement officers who carry switchblades on duty.

They told me they would probably enforce this law according to the attitude of the person that was carrying the knife.

In Charlotte, I'd rather be safe than sorry. Don't screw up and get caught doing something that might affect you in the future.

m49

 

[Green Lantern]

I don't see why you couldn't OWN one - but like model49 says, what's the point?

NC knife laws are incredibly stupid. That's why everyone who carries a knife should join Doug Ritter's "Knife Rights" group! http://www.kniferights.org/

To help other states avoid duplicating NC's insanity, and hopefully to eventually fix our draconian knife-carry laws.

"Essential tools, essential RIGHTS!"

 

[hso]

The guy at Bass Pro was mistaken (possibly told this silliness by a ill-informed manager who was told by an ill-informed LEO).

N. Carolina is one of the odd states that allow carry of a switchblade (real switchblade) as long as it is not concealed (i.e. In a sheath.).

As to assisted openers, while portions of the NC law are not explicit on what a switchblade is, the section on school carry defines a switchblade as one that opens automatically (not by partially opening the knife as in an assist).

(d) This section does not apply to an ordinary pocket knife
carried in a closed position. As used in this section, "ordinary
pocket knife" means a small knife, designed for carrying in a
pocket or purse, that has its cutting edge and point entirely
enclosed by its handle, and that may not be opened by a
throwing, explosive, or spring action.

(3) Switchblade knife. - A knife containing a blade
that opens automatically by the release of a spring
or a similar contrivance.

 

[Green Lantern]

hso - what about the section of the CCW law quoted earlier, where it said it was unlawful to carry anything but your basic folder either OPENLY or concealed?

(I was actually thinking that things like fixed-blade hunting knives could be carried *openly* - but never have put it to the test! )

 

[hso]

§ 14‑269.2. Weapons on campus or other educational property, is the educational property section of the law addressing what you may not carry on school/college grounds and does not apply anywhere else (think of it as the restriction of CCW in a school as opposed to elsewhere).

 

[Green Lantern]

AH! Thanks.

 

[LAR-15]

Open carry of knives in NC is 100% legal. This includes any legal knife. Ballistic projectile knives are illegal in NC and have been since 1986 or so.

Automatics are legal.

CONCEALED carry of knives in NC is virtually illegal. I believe the law allows the carry of some small knives but that statute is vague.

Open carry your knives and your are gtg.

Just don't ever carry them concealed until the law is changed.

Contact your legislators and help change the law.

This past session there was a bill that would have made concealed carry of a machete a felony.

I sent a bunch of emails to legislators on this stupid bill and most agreed with me. The bill was dumb and machetes have lawful uses.

BTW it is ALREADY ILLEGAL to carry a machete concealed in NC anyway under the current statute.

This bill would have specifically spelled that out but it was killed.

 

[Green Lantern]

Hmmm. Usually I keep my knife clipped to a pocket. Thus, it's not truly "concealed" in the truest sense of the word.

I've no desire to be a test case, but I wonder if that would qualify as open carrying?

 

[hso]

GL,

If you want to make sure I'd carry in a belt sheath.

 

[cmw2212]

I keep my Kershaw clipped thru one of my belt loops with my shirt tucked in. It is not concealed and is easily reached.

 

[moongroove]

wow, I didn't know it was a crime to carry knives.

I own several knives of different kinds. 3 of mine are handmade, and I also have what looks like a pocket knife, but if you hit a switch it automatically folds out. I don't think its a traditional switchblade but dont know for certain. I bought it at a garage sale and it needed someone to take care of it. It doesn't open all the way out. I've tried several things to loosen it up so it would open all the way out, but it sort of stops about 3/4 of the way. But its not bad for the 50 cents i paid for it.

i use my machete in the kitchen and in the backyard for clearing out the scrub...

I have never thought about the law in terms of whats legal and whats not. I only use my knives at my home in my own space. However, from the sound of it, it sounds like if I decided to wear my machette on my belt and go out to the grocery store, that i would get in trouble.

i'm not sure how one would carry a machette concealed....

 

[hso]

but if you hit a switch it automatically folds out. I don't think its a traditional switchblade but dont know for certain.

It's a switchblade. Any knife that opens by pushing something in/on any part other than the blade is a switchblade. The reason it doesn't open all the way is that the kick spring is probably shot. It's replaceable.

 

[moongroove]

Thanks for the advice. I'll try to find a kickspring...

 

[hso]

Check with Pioneer Valley Knife and Tool or Knifekits.com. You can remove the spring and take it to any machine shop that knows how to heat treat and have it annealed and retreated.