Legality of Benchmade "Optimizer" in NC

[Frandy]

April 6 UPDATE:
I guess that I should have searched better. I'll simply open carry.

http://www.thehighroad.org/showthread.php?t=296773&highlight=Kershaw+knives






I just purchased a Benchmade 670 Apparition, my first "automatic" knife of any kind.
http://www.benchmade.com/products/product_detail.aspx?model=670

It dawned on me that according to NC law for concealed carry, I've got myself an illegal knife. Here is a reference to the law (bold text is mine):
http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf

Specifically exempted from the requirements of this law are ordinary pocket knives carried in a closed position. An ordinary pocket knife is defined as being "a small knife, that is designed to be carried in a pocket or purse, which has its cutting edge and point entirely enclosed by its handle. The knife must not be capable of being opened by a throwing, explosive, or spring action." N.C. Gen. Stat. § 14-269

I can't image a "spring-assisted" knife would be allowed in NC, given the law I've cited. For now, I've removed the Optimizer, because there is no way I want to jeopardize losing my NC handgun carry permit. Can someone else from NC confirm what I am writing here?

Thanks!

 

[rnr4me]

Technically most jurisdictions don't define an Assisted Opening knife as an auto. Typically, they have to have a button on the handle to make it an auto. This is why the AO's are sold in most places.

But as written it would seem that a AO might not be legal. But there's been many threads about how a LEO would handle the situation. The general consensus is that if you're not causing trouble w/ it, it shouldn't be a problem. But also, there are individuals who would give you a hassel just because it's the law.

BTW, I've got 2 Apparitions and I love them. Great steel, and I like the blade ergonomics. Good choice on a knife. But yeah I guess you could keep the tortion bar off and it'd stay a manual opener. It's an option.....

 

[OMGWTFBBQ]

Well, it's not opened SOLELY by spring action, which may or may not make it legal(would depend on the case law, of which there doesn't seem to be much of when it comes to knives). Unless you give the cop a reason to make it into an issue, I doubt they would.

 

[TimboKhan]

I've said it once or a million times before, but it bears repeating.

If you don't act like a crook, your never going to have to worry about this law. Unless your an obvious lunatic, gangbanger or general shady character, most cops could care less if you carry a knife, and they most certainly aren't going to spot it and hassle you about it. I am not advocating breaking your state laws, but I am saying that you probably are worrying yourself over nothing.

 

[Frandy]

Well, it isn't that I'm worried, though my original post might easily convey that I am. I just want to know.

So, on another forum I was told to go to the local Wally mart to see if they are selling Kershaw assisted knives. I went, and they are. I even checked them out to see if they open similarly. They do.

Now I'm definitely not worried about it.

Frandy

 

[hso]

opened by a throwing, explosive, or spring action

You don't open the knife by spring action because you have to open it manually with the thumb stud and then, and only then, does the spring engage to carry the blade to the lock position.

That critical phrase "opened by" is why assisted openers are not switchblades.

Also, you should include all the law when you want to discuss it. In NC the fact that switchblades are prohibited for concealed carry and not open carry is very important. NC switchblade fans carry them in a belt sheath to avoid the concealed carry restriction.

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...

 

[Frandy]

deleted

 

[clemsonu0219]

Under NC law... there is NO privilege for concealed carry of ANYTHING but handgun. Any switchblade or knife that REQUIRES a throwing action cannot be carried.

 

[Frandy]

deleted