Open carry of blades in arizona.

Status
Not open for further replies.

GoLambo

Member
Joined
Nov 7, 2003
Messages
37
Location
Mesa Arizona
Atfer disscussing with Oleg about one of my run-ins with the police a couple of months ago, I've deceided to bring it up here (as it's semi gun related, or at least carry related) in the hopes someone can shed light on the legalities of openly carrying in Arizona.

The story starts as so. Around 5 months ago I decided I would try openly carrying a Machete on my belt in Mesa to test the waters of public reaction (I was also and still am using it to clear brush in my yard). I had walked from my house to walmart, into walmart, and in general just around the neighoorhood with not so much as a hastle or a second look. Later that day a friend had called me up asking if I had wanted to hang out with him and some friends overnight and help him with his shift at Dunkin Dounts. Being 19 years old in todays socity im quite used to pulling all nighters so I figured what the hell, besides, it would be more experience to see how people reacted deeper into town. From 1am to 6am I sat and had iced coffee, chatted with the late night regulars, and filled serveral hundred dounts (those machines are FUN, even though I'm pretty sure the whole shebang was against company policy, I don't think they would argue with free help. At least the manager didn't).

At 6AM I finnished up helping said friend and went outside to sit by the parking lot curb to wait for him to get off his shift. At about 7am I noticed a police crusier pulling up into the parking lot, I waved and he pulled up to about 50 feet away, and did not park in the lines. I knew something was up. He exited the vehicle and demanded that I remove my weapon, lay it on the ground and walk to the other side of the curb. Not really ready to argue the point I did as I was told and put my hands in the air. He searched me and my friends for more weapons and had us sit on the curb. About a minute later 4 more cars showed up and the questioned started flying.

"Why do you need that?", "You should leave that kind of thing to the police", etc. I asked one officer why all this was happing, and they wouldnt reveal who, what, or why they where called in. According to another of the officers, what I was doing was perfectly legal as my weapon was not concealed, however it was frowend uppon. After running ID's on everyone there, they told me that if they ever saw me carrying that "thing" again, they would stop me just as they had that day. And then they sent me on my way.

So my question is this. Can the police stop you for simply having a weapon on your person? Is having a weapon probable cause? And how should I have handled the police in this situation? Is open carry ever worth it? I'm 19, so right now I cannot get a CCW, I CAN however, open carry a pistol. I've been debating this for a while because of a lot of bad things i've seen happen in my life, and a lot of narrowly averted situations. But if im going to get stopped by the cops every day, is it really going to be worth it?
 
I've seen people openly carrying swords down in Tempe, but not Mesa. Personally, I prefer to stick to guns. ;-)

Those police were, basically, full of it, wasting your time, theirs, and taxpayer money. Where in Mesa was this? I've never been bothered when I've carried openly down there, but, yeah, I wasn't packing a machete.

If I ever get bothered by the police about my legally openly carried weapon, the first thing I'm going to do--besides attempt to stop myself from being greatly irritated and giving them a real piece of my mind--is to ask the officer if they're familiar with ARS 13-3102, which states explicitly that what I'm doing is legal. It seems like the cops already knew that, but didn't care. (And with comments like "you should leave that to the police", I would have probably laughed, said, "Oh, reaaaaaaally", and started rambling off Supreme Court cases. I can deal with being hassled, being hassled and adding snide "we're the police and thusly gods among men" comments is going to get me twitchy.) I honestly don't know about the legality of their search and warrant check, particularly since it extended to your friends--who weren't carrying, I take it?--instead of just you.

I've been openly carrying in Arizona for about 8 months straight now, all the time, and I've passed by hundreds and hundreds of cops. I just nod, say hello, they return the greeting and leave me be. And I tend to do this on places like Mill Avenue on a Saturday night, but due to the actions of some other open carriers before me, the Tempe police tend to "know their place" more than the Mesa ones do, it seems, when it comes to such things.

Personally, I'd continue carrying. I'm of the opinion that open carry is actually superior in a lot of situations anyways in the tactical sense. If the police want to hassle you... well, let them. You might even be able to file a harassment lawsuit. I know there was a biker I read about on here who was pulled over because he carried openly and looked scary--you looks might have something to do with it, what do you look like/dress like?--and they ran a check on his firearm every time. He finally put his foot down, and said he didn't want to surrender his weapon, and, well, they couldn't do anything about it, apparently, and let him go.
 
I think it was your age

Unfortunately. I think cops are probably more likley to stop younger people.
I was a bit nervous when I visited Phoenix 2 yrs ago and open carried my full sized glock,other then one dirty look in an upscale Scotsdale store no one blinked,but I am a reasonable dressed old guy-badguys in SF allways think cop when they see me. Please read this thread !
http://www.thehighroad.org/showthread.php?s=&threadid=83630&highlight=open+AND+carry
the above thread contains vital info for you read it and grin!
 
Personaly, I've vowed to never step foot on Mill Av again without a gun. I've had a LOT of history with the millrats, but that's a story for another day. I assume the reason Tempe cops "know their place" is because of all the crud they have to put up with from these people.

For the life of me I cant remember exactly where that Dunken Dounts was, although I know it was miles south of where ive (Horne and Mckellips) in what seemed to be a pretty normal part of town. One of my friends had a small knife on him but thats it. Everyone else was just sitting around trying to keep the ants away from their dounts. Also, I dress faily normal. I pretty much regulate my wear to clean white t shirts with maybe an overshirt (though not that day as not to confused the nature of it's concealment even though it obviously hangs down to my knee) and blue jeens. Long fine blonde hair and a moustace, no tatoos or anything "scary". So I can't really say why I was singled out.
 
Heh, no. But they did give me the runaround about why they chose to bug ME. One of the cops keept saying they got "reports" but wouldnt tell me what in the hell those "reports" where. Where they reporting a lost puppy, what the weather forcast was for tomarrow? Unless im mistaken they have to have a REASON to pull me aside and pat my ass...

Then again, maybe that WAS the reason. :eek:
 
I just finished reading a FindLaw review of the Hiibel case. If the reviewer was correct (he is an attorney, but unless two attorneys can see different sides to every law there would be no income for attorneys), before an officer can detain a person there must be a reasonable suspician of criminal activity. Calls, complaints or whatever notwithstanding, if open carry (or handguns or machetes) is legal in Arizona, it stands to reason that there CANNOT be ANY suspicion, reasonable or unreasonable, or criminal activity, at least not on the basis that there's a machete swinging on your belt.

The cops were out of line. This one falls right in line with the MVPel case in NH and the Fish-or-Man case in Washington. Even if dispatch received a "MAN WITH MACHETE!" call, the appropriate response would have been to drive by, confirm that indeed there is a man with a machete, sitting on the sidewalk drinking coffee with is friends and not violating any laws, and to drive on.
 
off fascist,are you sure?

However you are limited to only carrying a blade of 5.5inches or less here in Texas.

I thought that was concealed carry of folding knives not open carry of fixed blade.
I am sure many hunters in the great state of Texas are wearing big knives open carry to the forest to hunt
 
I thought that was concealed carry of folding knives not open carry of fixed blade.
I am sure many hunters in the great state of Texas are wearing big knives open carry to the forest to hunt

Apparently its okay if its for hunting or something similar.

Let me give you the links for where I found the info, there is more stuff there but I'm just going to post the relevent parts.

http://www.bakers-legal-pages.com/pc/4601.htm
http://www.bakers-legal-pages.com/pc/4602.htm

Sec. 46.01. DEFINITIONS. In this chapter:
~ ~ (6) "Illegal knife" means a:
~ ~ ~ (A) knife with a blade over five and one-half inches;
~ ~ ~ (B) hand instrument designed to cut or stab another by being thrown;
~ ~ ~ (C) dagger, including but not limited to a dirk, stilletto, and poniard;
~ ~ ~ (D) bowie knife;
~ ~ ~ (E) sword; or
~ ~ ~ (F) spear.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
(a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.

So normally carrying a knife larger than 5.5 inches is a crime. However you have this too.

~ (b) It is a defense to prosecution under this section that the actor was, at the time of the commission of the offense:
~ ~ (4) engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or was directly en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity;
 
I've seen people walk down streets in Las Vegas with a sheathed long blade strapped on and I did ask an officer about it. He told me that it is legal here (as is open carry of a handgun or long gun) and that he personally would probably stop and have a discussion with anyone doing so to satisfy his curiosity as to the who, why, where in the name of "Public Safety". Once he "KNEW" the story, it would go in a report and should he chance upon the same individual again, now knowing that Mr Open Carry was a known resident with no nefarious background history, he'd note when and where he again saw him... but that's about it, unless a crime or disturbance of some type was called in describing Mr. Open Carry as being near the scene of said crime or disturbance.

He did say that anyone openly carrying a gun would more than likely be stopped by every officer on that shift for the same purposes and would be discouraged from doing so in city/county public areas.
He noted that Boulder City, N. Las Vegas and Henderson have laws on the books that prohibit such activity and the city and county limit their "No carry" policies to the gaming areas (Casinos).

So think of it as a happy meeting with your local popo, getting to know you, getting to know all about you and harbor no ill thoughts towards them as they are just guys and gals like you or me trying to identify the white hats from the black hatted bad guys as they go about their jobs, Protecting... Serving... in Partnership with the Community.

Also, put yourself in their shoes for an hour or so and ask yourself what you would do in such an instance. Wouldn't it be a bad day for all if they saw you, didn't do anything and later learned that some guy had played Rwanda Hack Job on a busload of Nuns and Orphans with a machete.

Hyperbole? Stranger things have happened in the past.

I mean, if it saves just one busload of Nuns and Orphans... ;)
 
I fully support your right and freedom to carry a machete or a hoe or hedge trimmers or whatever gardening implements you want to carry, however it'd probably be hard to defend in court if you used it in self-defense as jurors would probably be shocked and puzzled to know you were carrying around a machete and they'd probably lean towards you being a troublemaker. I'd carry a normal folding or fixed-blade knife and OC spray before I'd carry around a machete. Those are just more practical and intuitive for defense anyway IMO. Actually if you're old enough to legally open-carry a pistol then why choose a machete?!

Other than that this thread just makes me imagine some scenario on COPS where they stop some retarded guy on the street who's carrying around his machete and wearing a cape. I'm not saying you're retarded...that's just what my cynical imagintation came up with. :evil:


brad cook
 
Maybe because I can not yet afford a pistol? Prioritys, you know. Gotta eat before you shoot. ;) I remember wearing a towl and clothespins around my neck as a child, but thats about it...
 
For heaven's sake! . . . . .

Get out your phone book and a note pad and start making calls!

1. The chief of police, to report being threatened by police officers, who said that because they frowned on what you were doing, they would continue to harrass you if they see you doing this lawful act again.

2. The mayor. Same as above.

3. Your city councilman or woman.

4. Any media you can contact.

5. The city ombudsman.

6. Internal affairs at the police department.

7. Any citizen's review commitee/board which reviews police actions.

Otherwise, you are letting them get away with it.

At 19, you are old enough to be getting shot at in Iraq. You are also old enough to not put up with bullies. Do your duty. Get on the phone.
 
Personaly, I've vowed to never step foot on Mill Av again without a gun. I've had a LOT of history with the millrats, but that's a story for another day. I assume the reason Tempe cops "know their place" is because of all the crud they have to put up with from these people.

Actually, they know their place because people like AZRickD and others in the past have challenged them on it when they've exceeded their authority. The Millrats don't mean jack, it's not like they can afford a lawyer or even have the know-how to oppose the law. There used to be signs down on Mill prohibiting the carry of firearms, which was a direct and blatant violation of our preemption statutes. Folks carried, said, "Go ahead and bust me, if you dare", signs came out because Tempe had utterly no authority to post them--their attempt to forbid carry on Mill was illegal itself!

I'm typically carrying all the time anyways, but whenever I go down there, I'm most definitely doing so--openly. I've see the police ignore too many fistfights and folks down on the ground getting kicked, etc. Considering the swarms of folks in blue uniforms, it should be an amazingly safe place, but, hahaha, well, the cops don't do jack besides pull over people randomly and roust homeless guys.

He did say that anyone openly carrying a gun would more than likely be stopped by every officer on that shift for the same purposes and would be discouraged from doing so in city/county public areas.

Boo hoo, shut up or arrest me. I hate it whenever I see police "discouraging" people from lawful activity.

At 19, you are old enough to be getting shot at in Iraq. You are also old enough to not put up with bullies. Do your duty. Get on the phone.

Listen to Tom Gresham... you were harassed, no doubt about it.
 
4. Any media you can contact.

Do you really think the media is going to run with a story about the police "harrassing" some nice machete carrier?! :rolleyes:

Let's be a little realistic here fellas, I'm all for self defense, CCW, open carry and all that, but carrying a machete is just a bit out there if you ask me. Like pointed out before it's gonna be very hard to define a machete as practical defensive weapon. Either get a good folding knife, a cheap pistol, or a can of OC if money is a concern.

As for the people saying the police should just drive by and not say anything that would go right against what their job is. Police officers are employed to keep the peace, and if I saw someone with a machete strapped to his leg you're damn right I'd stop and talk to him to make sure he had all his marbles. How am I supposed to know he's not some nutcase that's just waiting to hack up anyone who walks passed him? It's not like it's common to see someone walking around with a machete on their hip!

GoLambo even states:
I decided I would try openly carrying a Machete on my belt in Mesa to test the waters of public reaction

Well if you're doing something you KNOW is uncommon to test public reaction....why would you be surprised when you get one?

Edit to add: I've lived in Arizona before and I open carried my 1911 the whole time I was there so I'm not some anti-open carry/self defense guy.
 
Dbl0Kevin, do you realize that that kind of attitude is exactly why our rights are dissapearing? If you were one of my state legislators, and determined enough, you could easily convince others that anyone carrying a machete is "just a bit out there", therefore that right needs not exist. Exercised often or not, our rights are worth defending no matter what opinions people may have of them. The slippery slope to this is "carrying a gun is a little out there". In 50 years time it is possible that less people will feel the need to carry a handgun. But just because, in that scenario, it is less common - does not mean the right should not exist...think about it.

Also I think I'd have alot easier time defending myself against or scaring away multiple attackers weilding a machete than I would with some 4-5" blade. Practical is a relative term.
 
O2Kevin:

Now you've done it - You're a braver man then me, trying to pull that "common sense" trick. Why can't us JBTs understand that it is critical to life, liberty and the pursuit of happiness that people cruise WallyWorld with a machete? Who knows, a potted Norfolk Pine may fall across the aisle and force us to hack our way to freedom.

Of course, some would say that "we need to carry our guns because we saw a guy in the store with a machete and God knows what kind of fruitloop he was." "I called the cops, but they won't do anything, the bastards, they should haul the dude in for a psych eval. We need open carry to keep the mad brush clearers at bay." Then the knife lobby will propose the Million Machete March.....

G- I would hazard a guess that if you stroll thru anybodies little slice-o-heaven with a machete and are'nt covered with kudzu people are gonna wonder why a rubber tapper from the Amazon basin is in frozen foods stocking up on burritos. It may be "legal", but that dont make it "right." Of course, that's just my opinion and apparently my views are about as credible as Stalin's, or Barney the Dinosaur's.
 
Why can't us JBTs understand that it is critical to life, liberty and the pursuit of happiness that people cruise WallyWorld with a machete? Who knows, a potted Norfolk Pine may fall across the aisle and force us to hack our way to freedom.

That just about made me spit my drink all over the screen. hahaha :D

Akurat, I understand your reasoning of not wanting your rights to dissappear, but do you really think that someone walking around with a machete on their belt is remotely normal? If you were walking through the supermarket and saw some guy walking around with a machete are you telling me you wouldn't think anything of it and pay him no mind whatsoever? As I said before I lived in AZ, and I saw plenty of people carrying guns, some even with some fixed blade knives.....but a machete that's pushin it a bit.

Now I'm not saying that it should be illegal to carry a machete.......god forbid I'd be labeled a closet anti. But if you choose to do so you should not be surprised when you get weird looks and have the police stop to talk to you when they see you.

Think of it this way......if I'm on duty and I drive right by a guy with a machete and don't say anything, then a few minutes later he starts hacking people up......who do you think is going to be blamed for not stopping him? I could see the media reports now "Officer soandso drove right by the machete wielding man and didn't even bother to stop."

So if you want to excercise your rights and make a statement......fine. But when making a statement don't be shocked and complain when you get some attention.
 
I've open-carried a 7" Cold Steel and SOG several times, although the 5" blades are easier to sit in a car with. Never bothered by the gendarme.

Also, on the machette angle, one time when our HMO lost a contract on grounds keeping, we had some thorny branches grow at the bases of several dozen trees around the neigborhood. I took my machette and a few hours of my time slicing off the offending vegetation in and around and even outside the neighborhood. No gendarme.

Rick
 
I hate to come jumping to my own defense again, but god forbid someone walk around with a gardening implement. What if I was on my way to trim some hedges? If you saw someone walking around with shears would you expect him to go on a rampage? I hardly see how a machete can strike so much more fear in some of you then a gun.

And if someone really wanted to go on a rampage, im pretty sure they'ed make use of a better weapon.
 
I hardly see how a machete can strike so much more fear in some of you then a gun.

Read what I said. Guns are quite commonly carried by people for self defense. Just about everyone here, that has the legal ability to, carries a firearm for self defense. How many carry machetes? The fact is that law enforcement is trained to spot situations that are abnormal and investigate them to keep order and safety....it's call pro-active police work. I would have to say that someone walking around a Dunkin Donuts with a machete would qualify as abnormal.

As to your "gardening impliment" claim. First off I don't know any gardens near a Dunkin Donuts. Secondly I've NEVER seen anyone walk around a DD, wally world or anything of the like with a shovel, a hoe, or a rake hanging from their belt since most people leave their tools at home. Finally let's call a spade a spade. A machete is not a "gardening impliment". My grandfather is a gardener and he doesn't even OWN a machete. I have never gone out in the garden and picked tomatoes, peppers ect. with a machete. Most people who are legitimately using a machete in the woods or whatnot would prudently leave it at home or in the car if they decided to stop off at Dunkin Donuts to grab a bite.

I know you're gonna fight till the death saying that "It's my right to carry a machete under the law and by god i'm gonna do it." Well that's fine go right ahead. If you want to make some political statement that's just fine....I'm all for political statements. But with statements come consequences. Everyone who has bucked a trend to make a statement has done so knowing full well there could be adverse reactions....that's what a political statement is about. But it's my JOB as a police officer to make sure the public is safe. And if i see someone in a Dunkin Donuts with a machete strapped to his belt you can be darn sure I'm gonna stop and check it out.

Call me a JBT if you like, but I'll be able to sleep at night knowing I didn't just go on by and let a number of people get hacked up by some machete wielding nutcase.
 
Last edited:
"...carrying a machete is just a bit out there..."

You think?

Did anybody seriously think he wouldn't be asked about it?

What's next, shoulder mounted catapults? Crossbows with flaming bolts?

Call me JBT. It's okay, it's my name.
 
Status
Not open for further replies.
Back
Top