Knife Laws Archives - A Straight Arrow

Am I Allowed to Carry a Samurai Sword All Over the World (policy / legaly)

Dan Lee Williams — Thu, 28 May 2020 16:48:49 +0000

Do you know that there are several different ways you can carry your Japanese swords all over the word legally? A typical style of carrying your katana is the buke-zukuri in which a sword is carried with its edge up and the sheath inserted into the sash.

The Samurai Katana Swords made in https://www.samuraiswordsmith.com/ are usually carried while inside a sheath and tucked perfectly in the samurai’s belt. Initially, the Japanese words were carried while the blade turned down since it proved to be most comfortable for any armored samurai to bring their long swords or to pull out while mounted. The samurai’s bulked armor made it quite difficult for anyone to pull the sword from the samurai’s body without them realizing it. When unarmored, samurai will carry their sword while the sword blade is facing upward since this would make it possible to pull it very quickly and strike their target very easily. In such a situation, the samurai would draw the sword and slide the sheath downward at ninety degrees and then pull it out of its sash with the left hand. On their right side, the samurai will grip the hilt, thus enabling them to slide the sheath back to its initial position.

What are some of the potential issues involving international sword laws?

Besides, there are various occasions in which carrying a Japanese sword can fall under a cultural performance, religious functions, martial art, or a sporting activity? For instance, in devout Sikhs, some laws prevent the public from wearing a Kirpan (small sheathed sword) is considered as your cultural right or excluding a religious performance. Moreover, those who delight in fencing may also wish to move around with a foil, an épée, or saber will be considered an illegal activity despite having them sheathed. Others will opt for martial art weapons that may resemble a sword, and thus it is recommended to store such blades at your recreation location where you practice. Note that while it can be legal to carry your Katana swords in public in some instances, it is typically illegal to take swords in public places, according to many nations. Remember, in case you get caught unaware and face weapon charges, and you should consider speaking with your criminal defense attorney immediately.

Many nations worldwide will allow people to walk around while carrying the Samurais swords; as long as it is done, the person is ready to adhere to the set rules and laws just like those for those willing to carry guns.

However, if you want to fantasize loitering around with your Japanese swords like a modern time Ronin, you might need to consider several legal tips at first.

Can you consider the Samurais swords like a big knife?

It is important to note that swords come in various sizes and shapes, and most of them are considered blade weapons within many international laws. Remember, like other shorter knives, swords are typically categorized as blade weapons and thus fall under the state laws that restrict carrying of such weapons of specific lengths. However, some states have laws that permit the carrying of swords of various lengths depending on if the blade has been sheathed. For example, consider the following states laws concerning the carrying of your swords.

For instance, in California, anything with a fixed blade such as the Samurais sword should be worn at all times a plain display. Besides, wearing sheathed knives openly is not considered as an illegal conceal of a weapon. However, moving around with a cane sword in the city, you can attract misdemeanor charges. Other places like Texas, all knives blades extended more than 5.5 inches are considered illegal knives, and this means most Samurais swords will fall under this category. Still, carrying Japanese swords for ceremonies and historical demonstrations are regarded as legal particularity if the sword has conspired a significant gear during the ceremony performance.

Possession of cane swords in New York is considered a misdemeanor, but it will be considered a criminal act if it’s a sword carrier. Note that most nations have similar injunctions about moving around with a bladed weapon in public, although if you can pack your sword in a checked luggage and follow then all rules, you can carry your sword with you.

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Virginia State Knife Laws

Dan Lee Williams — Sat, 08 Oct 2016 11:29:27 +0000

A thorough review of the laws which govern knives in the Commonwealth of Virginia needs to start with the state’s constitution. The Virginia Constitution guarantees the right to bear arms in section 13 of article one. The language is broadly similar to that used in the Constitution of the United States, mentioning the importance of a well-regulated militia in its first line. Like many other state constitutions, Virginia’s goes slightly further in taking up a clear stand against standing armies.

Digging deeper into statutory law illuminates the detailed provisions made for the legal treatment of knives. Most of the applicable statutes are in Title 18.2, the section on Crimes And Offenses.

Knife Bans

According to section 18.2-311, it is illegal to possess, sell, transfer, or give away switchblades or ballistic knives.

There are certain specified types of knives that fall under Virginia’s ban on concealed weapons. Carrying a concealed weapon is considered a Class one misdemeanor. The relevant statutes mention bowie knives, dirks, ballistic knives, machetes, and razors without defining these terms. The additional qualification that the law applies to weapons of “like kinds” is not helpful.

Virginia’s statutes are at least fairly clear in defining concealment. A concealed weapon is, in the opinion of the Commonwealth of Virginia, one which is “hidden from common observation.” This does not require complete invisibility, and section 18.2-308 A specifies that this term covers weapons which are observable when the true nature of the weapon is disguised in some fashion.

As noted above, Virginia’s code leaves the definition of a knife in concealed weapons cases very ambiguous. In practice, this decision rests with the fact finder in a case. This is the judge in bench trials; in jury trials, the responsibility rests with the jury. (See Delcid v. Commonwealth of Virginia, 526 S.E.2d 273 (2000))

Ultimately, most legal scholars would characterize the relevant terms in the Virginia code to be far too fluid and subjective for practical use. The case most often cited for precedent in these matters is Farrakhan v. Commonwealth of Virginia, 639 S.E.2d 227, which was heard by Virginia’s Supreme Court in 2007.

According to the Supreme Courts statements, a conviction for carrying a concealed weapon can be obtained if the item in question clearly corresponds to any of the items mentioned in section 18.2-308A. “Weapons” which are not explicitly addressed by that section need to pass a two-stage process of identification. First, the item must be positively identified as a weapon. Second, the fact finder must decide whether or not it falls under the broad scope of the “weapon of like kind” clause.

The Supreme Court held in the Farrakhan case that an item which is commonly understood to be a weapon or one which is designed for fighting purposes passes the first part of the identification test.

The subjectivity of the second part of the test can be clearly demonstrated by examining the ruling issued in the case of Gilliam v. Commonwealth of Virginia, 642 S.E.2d 774 (2007). Mr. Gilliam was convicted of possessing a prohibited weapon after the court established that his tanto-style knife was similar enough to a “bowie knife” to fall within the purview of the “like kind” clause. A picture of the knife in question is a part of the published opinion on the Gilliam case. Most people who are intimately familiar with combat knives would hesitate to draw any similarities between the knife pictured and a bowie knife.

Due to the uncertainties described above, carrying a knife in a manner that could be considered “concealed” needs to be evaluated with great care. The Commonwealth has no laws against carrying any type of knife openly. There is also a statute (section 18-2-282-.1) that establishes it to be a crime to “brandish” machetes or other weapons with more than 12 inches of exposed blade if the act is intended to intimidate.

Statewide Preemption

Virginia does not have a statewide preemption law that could be applied to knives.

Schools

Possessing a knife on school grounds qualifies as a Class 1 misdemeanor unless it is a folding pocket knife with a blade shorter than three inches.

Key Knife Dimensions

As above, folding pocket knives with blades longer than three inches are prohibited in schools.

This information that is presented as a brief description of the laws and not as any kind of legal advice. aStraightArrow will not and cannot be a legal service provider. The use of the site does not create any sort of client/lawyer relationship. The knife laws are interpreted differently by prosecuting attorneys, enforcement officers, and judges. aStraightArrow suggests you consult legal counsel for further guidance.

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Vermont State Knife Laws

Dan Lee Williams — Sat, 08 Oct 2016 11:29:21 +0000

Generally, it’s not illegal to carry or possess knives in the State of Vermont. However, there is a statute in the state that specifies that carrying dangerous weapons, whether openly or concealed with criminal intent is prohibited. 13 V.S.A. § 4003 Vermont law prohibits the possession or sale of a “switchblade knife” with a blade of three inches or more in length. 13 V.S.A. § 4013

§ 4013. Zip guns; switchblades A person who possesses, sells or offers for sale a weapon commonly known as a zip gun, or a weapon commonly known as a switchblade knife, the blade of which is three inches or more in length, shall be imprisoned not more than 90 days or fined not more than $100.00 or both.

Statewide Preemption:

None.

Minors:

It is prohibited to furnish or sell firearms and other dangerous weapons to minors under 16 years of age. 13 V.S.A. § 4007.

Schools:

On school property, buses and school buildings it is prohibited to possess dangerous weapons. 13 V.S.A. § 4004.

Critical Dimensions:

3 ” is the length of a blade which is prohibited for switchblade knives.

Concealed Carry:

Not prohibited.

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Utah State Knife Laws

Dan Lee Williams — Sat, 08 Oct 2016 11:29:15 +0000

Under Utah’s State Constitution, an individual has the right to keep and bear arms. Their purpose must be for the defense and security of family, self, and others. The Constitution also reads that the state legislature has some authority in determining the definition of the lawful use of arms. The Utah constitution leaves it to the State Legislature to define the proper use of weapons. This includes the definitions of concealed carry, a dangerous weapon, and intent. Additionally, the Constitution defines where a dangerous weapon may be carried and how it is to be used. These laws have been upheld by the Utah Court of Appeals.

Under U.C.A., 1953, Utah Constitution Art 1 §6, individuals have the right to keep and bear arms. These must be used for the defense and security of family, self, or others. They can also be used to protect property or to serve the state. These rights cannot be infringed upon, however, the definition of the lawful use of arms is to be defined by the State Legislature. The Legislature holds the right to define which weapons shall be deemed dangerous and who may use such a weapon under Utah law.

Title 76 of the Utah Criminal Code regulates the use of knives, edged tools, edged knives, and edged arms.

Exclusions:

No type of knife is excluded from these protections under Utah law.

Selling Or Transferring Knives

There are no laws governing the sale or transfer of knives under Utah law.

Carrying or Concealing a Weapon

Under Utah law, citizens are prohibited from carrying a concealed weapon.

There are exceptions to this rule under Section 76-10-503 of the Utah constitution, found in Subsections (2), (3), and (4). Basically, anyone carrying a concealed weapon, including an unloaded firearm, is guilty of a Class B misdemeanor. The weapon must be immediately accessible and not in a case. This does not include weapons in a citizen’s residence, on their property, or their own vehicle. The legal statute is §76-10-504(1).

The term “concealed dangerous weapon” is defined by statute under Utah law.

§ 76-10-501(3)(a) defines a concealed weapon as a dangerous weapon that is hidden, covered or secreted so that others would not be aware it existed. It must also be readily accessible and able to be used.

Utah statutes also clearly define dangerous weapon.

Under Utah law, a dangerous weapon is one which is intended to cause serious bodily injury or death. Utah statute § 76-10-501(6)(a)(b) provides certain factors in determining if a weapon is to be considered dangerous. These are the type of weapon, the type of wound produces, how the weapon is meant to be used, and how it can be used.

The Utah Court of Appeals in Salt Lake City v. Miles found that a 3 1/2 bladed folding knife with a thumb stud could be considered a dangerous weapon under then current Utah law. The facts of this case found that an individual became verbally abused when stopped from boarding a light rail train. This individual threatened the supervisor and/or train operator at the scene. Even though the individual did not use the knife, the Court found it was not necessary for the individual to use the knife with criminal intent. The issue was the if the knife could be used for such a purpose.

There are no noted Critical dimensions.

Under § 53-5-a-102, § 10-8-47.5 and § 17-50-332, there are certain statewide preemptions.

School Provisions

Under Utah statute, §76-10-505-5, no private individual shall bring a dangerous weapon onto school grounds. This includes all schools, public and private, elementary through post-graduate.

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Texas State Knife Laws

Dan Lee Williams — Sat, 08 Oct 2016 11:29:13 +0000

You can find more details about regulations regarding knives in article 1, § 23 of the Texas State Constitution. This state recognizes the right to keep and bear arms but there are some laws that exist to help reduce crime.

The state of Texas does not forbid any kind of knives. In the past, individuals could not own a switchblade knife but this law changed on September 1st, 2013. The law of the state of Texas still includes a definition of the term “switchblade”.

There is a definition of the term “switchblade” in the Texas Penal Code (§ 46.01 (11)). The penal code defines “switchblade” as any knife with a blade that can be retracted, closed or folded. The blade is closed, folded or retracted into the handle of the knife and it is released when pressure is applied to an opening device such as a button on the handle of the knife. The term “switchblade” also includes knives with a blade that is folded or retracted into the handle and that is released with gravity or with centrifugal force. The term “switchblade” is not used to refer to knives that include a detent, a spring or other similar mechanisms that are designed to create a bias when closing the knife. If there is a need to use the hand, wrist or arm to apply pressure and overcome the bias to open or close the knife, the knife is not a switchblade knife.

Since this definition talks about knives that can be opened with gravity or with centrifugal force, gravity knives are included in this definition. The law changed in 2013 to allow switchblades, which means gravity knives are also allowed.

This definition states that there is a difference between switchblade knives and knives with a mechanism that is operated manually. This means that pocket knives and other similar knives are not considered as switchblades.

Concealment is not forbidden because the Texas constitution allows individuals to conceal carry weapons as long as it is legal for them to own the weapon. It is legal to carry a concealed knife unless the knife is considered as illegal.

There are a few requirements a person has to meet in order to be legally able to carry a weapon. Handguns illegal knives and clubs can only be carried on private property or inside of a vehicle or watercraft. It is legal to carry a handgun, illegal knife or club on the way to the vehicle or the watercraft.

The Texas Constitution has more details on unlawful weapons in § 46.02:

– A knife is considered as illegal if the blade is longer than five and a half inches.
– Items that can cut or stub by being thrown are not legal.
– Dirks, stilettos, poniards and other daggers are not legal.
– Bowie knives are not allowed.
– Swords and spears are also forbidden.

These illegal knives cannot be carried by an individual. However, this is a statutory definition. Some of the terms used are outdated, such as dagger, stiletto, bowie knife or dirk. Any item sold as a dagger, bowie knife or dirk would, therefore, be illegal in Texas. There is one objective standard used to determine if a knife is legal or not. Anything with a blade longer than five and a half inches is not legal to carry. Knife owners need to be careful with the knife they choose to carry. The length of the blade is an important factor, but owners also need to avoid knives with blade designs that could be considered as illegal.

The five and a half inch rule is the standard used to determine if a knife is legal.

Under § 46.06, illegal knives cannot be transferred to minors.

No weapons are allowed in schools, which are weapons free zones under § 46.03.

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Tennessee State Knife Laws

Dan Lee Williams — Sat, 08 Oct 2016 11:29:09 +0000

The Constitution of the USA state of Tennessee has specific knife laws that need to be acknowledged by all individuals owning or bearing knives. The Constitution within this area states that all citizens of Tennessee, USA have a civil right to keep and bear arms as regulated by the legislation to wearing arms with an intent for crime prevention.

While citizens of Tennessee do have the civil right to keep and bear arms for defense, it is noted that the State Legislature has the power to regulate the wearing of arms according to TN Const. Article 1 & 26. The Tennessee state legislation regarding the use of knives may be found at Title 39 (Criminal Offenses) with the particular focus on Part 13 (Weapons).

Forbidden:
According to Tennesse law, there are no prohibited or forbidden knives. As of July 1, 2014, the prohibition of a Tennessee switchblade knife was repealed.

Carrying and Concealment:
Tennessee legislation does not distinguish between concealment or openly carrying of weapons. Carrying and concealment are not an issue in this state.

(a)(1) Any individual who commits an offense carrying a weapon with the intent to use the firearm or knife with a blade exceeding four inches.
(d)(1) Any individual who commits an offense with possession of a deadly weapon other than an armed firearm and an intent to commit a dangerous act as identified in S. 39-17-1324.
(d)(2) Any individual who commits an offense with possession of a deadly weapon and intention to commit a dangerous act or evade an offense as identified by S. 39-17-1324.
(e)(1) An exception to the application of subsection (a) an individual is authorized to bear a handgun according to S. 39-17-1351 to S. 39-17-1307.

For an offense to be identified as a criminal offense it is necessary for the individual committing the act to have the intent to go armed. The level of the cases dealing with this issue must involve firearms. A knife carried and utilized for routine acts will be approached with the conservative approach and for an offense to be identified the knife must exceed four inches in length. Statutory defenses for illegal carrying or possession of arms is quoted above.

(a) A defense to the application of S. 39-17-1307 identifies the carrying/possession of a weapon if: (2) the individual has the authorization to carry/possess the firearm according to S. 39-17-1315 or S. 39-17-1351. (3) The offense or carrying/possession of arms can be defended if held/acted at: (A) the place of residence; (B) the place of business; (C) premises; (4) according to lawful hunting, trapping, fishing, camping, shooting activities. S. 39-17-1308.

Critical Dimensions:
Not applicable.

Statewide Preemption:
Yes with regards to arms, firearm ammunition and knives.

Educational Facilities:
Carrying weapons on school property is considered a legal offense with the exception of knives under four inches.

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South Dakota State Knife Laws

Dan Lee Williams — Sat, 08 Oct 2016 11:27:30 +0000

The state of South Carolina is a knife-friendly jurisdiction. However, there are numerous cities that have restrictive ordinances.

In South Carolina, there are no statewide prohibitions in regards to knives. The state’s law defining weapons was amended in 2008. They did this by eliminating a certain provision that stated that a knife that had a blade two inches long or longer was considered a weapon.

Concealment
The state has a concealed deadly weapon law. It excludes razors, knives, and dirks. However, those are not excluded if they are used to commit a criminal act or if they are used with criminal intent.

If a person who carried a deadly weapon used to inflict personal injury is guilty of a misdemeanor, then they have to forfeit their weapon to the county or in a municipal court if they are convicted. They also face a fine of nothing less than two hundred dollars, but no more than five hundred dollars. They also face jail time that ranges from no less than thirty days to no more than ninety days.

The provisions do not apply to slingshots, rifles, shotguns, knives or razors unless those items were used with intent to commit a crime or in the advancement of a crime. Specific prohibition for knives with blades two inches or longer are set in place. There is also a general prohibition as to any other kind of weapon.

Schools
There’s no specific prohibition for knives with blades over two inches. This goes for a general prohibition of any other kind of weapon. Also, there is no statewide preemption, and the critical dimensions are two inches.

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New York State Knife Laws

Dan Lee Williams — Sat, 08 Oct 2016 11:23:53 +0000

CAUTION – We are advising New York State residents and travelers in the state, and especially in New York City, to be very cautious with your knives. In order to protect yourself effectively, it is best to not have your knife ever showing (not even its clip). Also, to be conservative, you should only carry a knife within a legal environment and a knife that you are sure is legal.

Retailer Alert – For any retailers out there, if law enforcement has contacted you regarding the knives you sell, don’t make a deal with them.

New York State has a very complex and verbose law on “Firearms and Other Dangerous Weapons.” It is in the New York State Penal Law, Article 265. Within New York city’s metropolitan area, these laws are enforced proactively. Great caution and care should be used when choosing a knife if you are traveling to live within the Empire State. The Firearms and Other Dangerous Weapons laws, Article 265 has a definitional section which has five definitions for specific edged weapons or knives, including the following:

Article 265 Definitions.

As used in article 265 as well as article 400, the following terms shall include and mean:

(4) Switchblade knife refers to any knife that has a blade that automatically opens by hand when pressure is applied to a spring, button or another type of device on the knife’s handle.

(5) Gravity knife refers to any knife with a blade that is released from the sheath or handle through either applying centrifugal force or the force of gravity which, when it is released, get locked into place by means of a lever, spring, button or another type of device.

5-a. A Pilum ballistic knife is any knife with a blade that can be protected through the handle by hand when pressure is applied to a spring, lever, button or another type of device in the knife’s handle.

5-b. A metal knuckle knife is a weapon that, when it is closed, is unable to function as metal knuckles set or as a knife. However, when it is open, it can function as a knife as well as a set of metal knuckles.

13. A Cane Sword is a swagger stick or cane that has a blade concealed inside of it that can be used as a stiletto or sword.

Simply possessing any of these five described knives is a crime without any regard to unlawful intent. In addition, it is a crime as well to possess certain other knives, including a stiletto, dirk, dagger and/or “dangerous knife” – with none being defined – and with lawful intent.

Article 265.01 Criminal possession of a weapon in the fourth degree

An individual is found guilty of criminal possession of a weapon in the fourth degree in the following circumstances:

(1) She or he possesses any Kung Fu star, shuriken wrist-brace type slugshot or slingshot, sandclub, sand bag, chuka stick, metal knuckles, plastic knuckles, bludgeon, blackjack, billy, cane sword, metal knuckle knife, pilum ballistic knife, switchblade knife, gravity knife, electronic stun gun, electronic dark gun or any firearm; or

(2) He or she possesses any imitation pistol, stiletto, razor, dirk, dangerous knife dagger or any other deadly or dangerous weapon or instrument with intent for unlawfully using the same against another; or

In simple language, it is a crime to possess a gravity knife of switchblade without intent. It is not a crime to possess a stiletto, dirk or dagger without intent, with respect to Article 265.01 at least. However, Article 265.15, which is entitled Presumptions of Possession, Unlawful Intent, and Defacement, does state that possessing certain knives offers presumptive evidence of intent for using the same against another unlawfully.

4. The possession by any individual of any stiletto, dirk, dagger or any dangerous knife or any other substance, appliance, instrument or weapon that has been adapted, made or designed for use as a weapon primarily, is considered to be presumptive evidence of intent to use the same against another unlawfully. Article 260.15(4).

In section 265.1(2) of the New York Weapons Statute, it states that one may possess a stiletto, dirk, dangerous knife or dagger, as long as the individual has no intent of using the same unlawfully against one another. However, in a related section, it provides that if an individual possesses this type of knife, possessing it is presumptive evidence that the person has unlawful intent. So in effect, the possessor, who is otherwise innocent, must present evidence that either overcomes or rebuts this presumption.

The problem is complicated even further by the fact that although razor, dirk, and dagger may offer some minimal guidance in terms of what needs to be avoided, when it comes to “dangerous knife,” that it could mean practically anything.

Judicial guidelines have been established by New York’s Court of Appeals in terms of what exactly constitutes a dangerous knife. First of all, it can be any knife, which through its design or any other characteristics, is intended to be primarily used as a weapon. Second, of all, it can be a common utilitarian utensil that has to be converted into a weapon. Third, it can be an unmodified utilitarian knife or one that has not been designed to be a weapon, but through the context of activity and/or reason of the circumstances of the possession. For instance, in this case re Jamie D., 59 N.Y., 2d 589 (1983) it was determined that a steak knife was a dangerous weapon.

A dissenting judge observed that in regards to the dangerous knife that the terms was so undefined as to be nearly beyond salvage through judicial construction due to all knives being dangerous.

Despite the dissent, the standard test for New York appears to be re Jamie D. in terms of whether a specific knife or another similar utensil might be ruled to be a “dangerous knife.” For thirty years this has endured. The test is applied by the fact finder, whether it is a judge or jury.

Applying the law is no less problematic when it comes to “gravity knife,” which is statutorily defined. A gravity knife, as a practical matter, can be any knife that folds and that can be kinetically opened.

In addition, under New York law it is reasonable suspicion simply seeing then end of a knife that is clipped onto a pocket, that the person is in possession of an unlawful gravity knife. In the opinion of the case People v. Brannon, 16 N.Y. 3d 596 (2011), a situation was described that involved a police officer observing an individual, who stated that he was the head of a knife sticking out of the person’s pocket. He explained further that over his four-year police officer career that he had made around three arrests that involved gravity knives.

There wasn’t any indication that this particular police officer’s experience with gravity knives, was atypical or somehow unique. If this was a typical officer, then seventy-five arrests a year is the norm for a New York state police officer. Unfortunately, anecdotal reports suggest that in New York City’s metropolitan area, prosecutions and arrests for possessing a gravity knife are very common.

Minors:
Individuals under sixteen years of age are forbidden to possess a dangerous knife. Article 265.05

Schools:
Weapons may not be possessed while on school grounds. Article 265.06

Majority Cities that have a Knife Ordinance:
New York City

Critical Dimensions
Under the New York City Ordinance, there is a four-inch maximum blade length

Concealed Carry:
Both unconcealed and concealed are applied equally under New York Weapons Law

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South Carolina State Knife Laws

Dan Lee Williams — Sat, 08 Oct 2016 11:20:07 +0000

The state of South Carolina is a knife-friendly jurisdiction. However, there are numerous cities that have restrictive ordinances.

In South Carolina, there are no statewide prohibitions in regards to knives.

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Rhode Island State Knife Laws

Dan Lee Williams — Sat, 08 Oct 2016 11:19:50 +0000

The law regarding the use of knives in Rhode Island can be found under Title 11 (Criminal Offenses), as well as some specifics relating to knives under Chapter 47 (Weapons). There is a list of weapons which are forbidden under the law of Rhode Island, but there are no knives that are included in the list of forbidden items.

Concealing knives:

It is not permitted for anyone to carry a knife that has a blade of longer than three inches, concealed upon their person. There are some specifically prescribed types of knife that may never be carried, regardless of the length of their blade.

It is not permitted to carry a dagger, crossbow, sword in a cane, dirk, bowie knife, stiletto or other similar weapons, with intent to use it unlawfully against a person.

It is not permitted to carry, concealed, any of the above blades, weapons, or a knife or razor where the blade is longer than three inches or any other type of weapon where from point to handle the blade is longer than three inches, concealed upon your person.

It is permissible to carry, unconcealed, a blade or knife – including a dirk, dagger, stiletto, or bowie knife, with a blade that is longer than three inches, assuming that there is no intent to use it unlawfully, and assuming that the knife is visible.

The size of Knife:

It is not permitted to transfer a knife with a blade of more than three inches to a minor or allow a minor to carry such a blade.

There is no statewide pre-emption. Schools are considered to be weapon-free zones.

Minors are not allowed to purchase a dagger, stiletto, dirk, bowie knife, or any knife with a blade that is longer than three inches, without written permission from their parent or guardian.

Please note that this is intended to offer a simple overview of the law, but should not be treated as legal advice. The information provided here may be subject to change and may be interpreted differently by lawyers, judges and law enforcement. Consult a legal professional if you need more detailed guidance.

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Pennsylvania State Knife Laws

Dan Lee Williams — Sat, 08 Oct 2016 11:19:33 +0000

In September of 1776, Pennsylvania’s first Constitution was ratified. Today, aspects of the first article and the Preamble of that constitution are still in effect.

It reads like this: That the general, as well as the great and essential principles which are of liberty and of free government, may be recognized and seen as unalterably established. We Hereby Declare That:

1. Inherent rights of mankind

All men are born free and equal. All men are independent and have specific inherent and indefeasible rights including enjoying as well as defending life, liberty, acquiring, possessing and even protecting property and reputation and the right to pursue their own happiness.

This Constitution also allows that citizens have the right to bear arms and it shall not be questioned.

21. Right To Bear Arms

Citizens have the right to bear arms in defense for themselves, it shall not be a question of the State.

In historical context, This law in the Pennsylvania Constitution was slightly ratified just 3 months prior to the Conventional Army, which, under the command of George Washington who would cross the Delaware River going from Pennsylvania to New Jersey where they would overpower the forces of then King George II in Trenton. Just 15 years prior to the first of ten amendments, also referred to as the Bill of Rights for the US Constitution which was ratified 1791.

Pennsylvania law regulations in regards to knives are found on Title 18 and specifically § 908, which he also captioned as Prohibited And Offensive Weapons.

Perhaps by outlawing specific “offensive” weapons, the legislature for Pennsylvania meant to stay within specific limits to the State of the Constitution. The prohibited knife or edged weapons per Pennsylvania are those that are “daggers, knife, razors or any cutting instrument of which the blade is opened or exposed in any way that is automatic via a switch, a button that is pushed or any spring mechanism.”

(a) Offense defined: Any person who commits a misdemeanor in the first degree unless they are authorized by law, making repairs, selling or in any other way dealing in or using any of the above-mentioned weapons. (b) Exceptions: (1) It’s a defense per this section for any defendant to prove, beyond a preponderance of the evidence. that he or she possessed or dealt with said weapons as a curator or in any dramatic performance excepting a bomb, a grenade or incendiary device. Anyone who complied with the National Firearms Act (26 USC § 5801 et seq.) Or if they were briefly in possession of it as having found it or taken it from an aggressive person under specific negative or intentionally negative circumstances or in the event that it may have been used unlawfully.

In the construction of the constitution, there are many sentences in question. Sentences such as “blade of which is exposed automatically” are often modified and qualify as daggers, knives, razors and any instrument that can cut.

Per The Superior Court Of Pennsylvania, in intermediate appellate court, a knife that must be opened to be exposed or that which is opened via a “flick of the wrist” doesn’t come within the prohibition. In Commonwealth Vs. Ashford, 397 A.2d 420 of 1979, it was predating the 2009 Amendment to the Specific Federal Switchblade Act and also to “bias toward closure” which wording was adopted in the Federal Statute and by the number of states in which the “assisted opening” laws are viewed.

Transfer/Sales

This same prohibition, in regards to the possession of any offensive weapons, also applies to sales and transfers therein. This also includes captioned sales or lease of such weapons and explosives.

Provided therein § 6302.

Any sales or leasing of such weapons and explosives (a) defined offense: anyone who is guilty of misdemeanors in the first degree should they sell, trade or transfer any such weapon to anyone who is under the age of 18. This includes cartridges and gunpowder as well as other dangerous substances.

In Pennsylvania Superior Court, it’s held that even a “penknife” that has a three-inch blade, is a “deadly” weapon for reasons of the statute. Thus, for all practical purposes, sales or any transfers to minors, “deadly weapons” are much more restrictive than previous categories.

Concealed Weapons/Carrying

Concealed weapons aren’t a factor. There aren’t any restrictions regarding knives or concealing or unconcealed such items.

Critical Dimensions:

None known

Statewide Preemption:

None

Schools:

All weapons are prohibited on school property per 18.PA. C.S.A.§ 912.

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Oregon State Knife Laws

Dan Lee Williams — Sat, 08 Oct 2016 11:18:50 +0000

The state of Oregon allows people to keep firearms arms to defend themselves. This is something that is provided for the state constitution. At the same time, while civilians can keep a weapon the military are mandated to be “kept in strict subordination” to civilians.

The right to bear arms has been upheld by the state Supreme Court in a case where it struck down the state’s prohibition on switchblades in 1984 in the case of the State versus Delgado.

Details on Oregon’s law for possessing and carrying knives and other edged weapons are found at Title 16, Chapter 166 titled Possession and Use Of Weapons.

The sections state that there are no prohibited or forbidden knives in the state, and there are no restrictions on their sale. However, concealing a weapon is prohibited.

“Concealed”, in this case, refers to a knife with a blade that swings or projects into position through a spring or by the use of force, including metal knuckles, slungshot, ice pick, dagger, dirk, or any similar instrument which have been known to inflict damage to persons or property. Anyone caught carrying any of those weapons can be charged with Class B misdemeanor.

The state of Oregon has a well-implemented scheme regarding the possession firearms and other dangerous weapons inside public buildings and court facilities. Weapons have Oregon has a well-developed scheme regarding possession of firearms or dangerous weapons in public buildings or court facilities. Weapons, in this case, means dirks, daggers, ice picks, slingshots, metal knuckles and other similar instruments, including knives that are not pocket knives.

Because there are pocket knives that spring into action through the force of a spring or centrifugal force, it is presumed that some pocket knives are included in the ban.

The state does not go into detail on the dimension of the knives that are prohibited in public buildings.

The laws governing the sale and use of firearms in the state are covered by statewide preemption, meaning that all related laws passed at the city level are superseded by state law. This means that ordinances that come in direct conflict with the state law on weapons and firearms become invalid. However, this statewide preemption is not applicable to knives, and local governments can pass their own laws on the matter.

There is a statewide ban on bringing knives to school, though.

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North Carolina State Knife Laws

Dan Lee Williams — Sat, 08 Oct 2016 11:16:43 +0000

Under the law of North Carolina, Ballistic knives, as well as any spring-loaded projectile knives are prohibited. You are not allowed to possess, sell, give, loan, manufacture or transport any devices of this nature.

It is prohibited to possess and sell any spring-loaded projectile knives. § 14-269.6.

On and after the date of October 1, 1986, it will be illegal for anyone, this includes law enforcement officers of the State, or of any of the counties, cities or towns to possess, sell, hold for sale, offer for sale, loan, give, transport, deliver, manufacture or be armed with any kind of ballistic knife, spring-loaded projectile knife, or a weapon that is in any way similar. Unless for evidentiary, educational or training purposes, it may be lawful for a law enforcement agency to have such weapons in their possession.

Carrying in a Concealed Manner

There is an exception found in the concealed carry law for “an ordinary pocket knife”. What is specifically included is any dirk, bowie knife, dagger or razor, this by implication mean all knives with the exception of “ordinary” knives.

Carrying Weapons Which Are Concealed § 14-269

It is against the law for anyone to intentionally and willfully carry concealed on their person any dirk, slung shot, metallic knuckles, shuriken, bowie knife, dagger, loaded cane, razor, stun gun or any deadly weapon which is similar, the exception would be if the person is on their property.

(b1) The prosecution will use this as a defense under this section:

The weapon is not an actual firearm
The defendant was in the middle of, or on the way from or to, an activity that legitimately required the use of the weapon.
The defendant was in possession of the weapon for uses that are legitimate; and
The weapon was not used or attempted to be used by the defendant in an illegal manner. It is the defendant’s responsibility to provide this defense.

(d) The ordinary pocket knife being carried in a closed position does not apply in this section. In this section the “ordinary pocket knife” is used to signify a small knife which is designed to be carried in a purse or pocket, the point and cutting edge is completely covered by the handle, it cannot be opened by an explosive, throwing or spring action.

In essence, this statute implies weapons which are not firearms, it is, in fact, a defense that is affirmative and on the defendant to prove.

The weapon was in their possession for legitimate purposes;
A connection, albeit temporal between the defendant and that legitimate reason;
That the weapon was not used or attempted to be used in an illegal manner.

There is an issue with the third element being as “proof of a negative” is required. A viable option that is not restricted would be open carry.

Under-aged Individuals:

I)t is illegal to furnish or sell a “dirk” or a “bowie knife” to a minor. § 14-315. It is also illegal to encourage, cause or aid a minor with the possession of any kind of knife or instruments that are edged r sharp pointed on school grounds. 14-269.2 (e)

Schools:

There may be no open or concealed possession of knives on school grounds. § 14-269.2 (d)

No critical dimensions noted.

This information that is presented as a brief description of the laws and not as any kind of legal advice. aStraightArrow.net will not and cannot be a legal service provider. The use of the site does not create any sort of client/lawyer relationship. The knife laws are interpreted differently by prosecuting attorneys, enforcement officers, and judges. aStraightArrow.net suggests you consult legal counsel for further guidance.

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New Mexico State Knife Laws

Dan Lee Williams — Sat, 08 Oct 2016 11:15:27 +0000

Citizens have the right to keep and to bear arms and this right is recognized and preserved by the Constitution of the State of New Mexico. A preemption exists regarding municipal ordinances that affect the right to possess and to bear arms in this state.

Citizens can keep and bear arms for defense and for security purposes and no laws can limit this right in the state of New Mexico. However, carrying concealed weapons is not allowed. If an incident involves the right to keep and to bear arms, things will be handled by the state and not by a municipality or a county.

What Does The New Mexico Constitution Say About The Right To Bear Arms (Art. 2, § 6)?

Chapter 30, more specifically Article 7, deal with weapons and knives in the state of New Mexico.

Possessing a switchblade is forbidden. Butterfly knives are included in this category. See State v. Riddall, 811 P.2d 576 (1991) for more details on butterfly knives and other types of knives.

Manufacturers and sellers cannot display, sell or give a switchblade. It is forbidden to manufacture this type of knife in the state. This also includes butterfly knives.

Even though possessing and carrying a weapon is permitted, concealment is not. Conceal carrying a deadly weapon is not allowed.

Individuals cannot carry a deadly weapon in a concealed manner. This applies to firearms and to other types of deadly weapons. There are exceptions:

– People can conceal carry deadly weapons as long as they are on private property.
– Conceal carry is allowed if someone is inside of their private vehicle and if the weapon is carried to protect the person or their property.
– Peace officers can conceal carry deadly weapons. They need to be certified under the Law Enforcement Training Act [29-7-1 NMSA 1978].
– A peace officer can conceal carry a deadly weapon if they follow the rules of the law enforcement agency they are currently working for. They need to complete a course of firearms instruction. The course has to be offered by a certified instructor or offered by the New Mexico law enforcement academy.
– The department of public safety can issue valid concealed handgun licenses under the provision of the Concealed Handgun Carry Act [ 29-19-1 NMSA 1978].

Deadly weapons are statutorily defined under 30-7-2.

The term “deadly weapon” is used to refer to firearms regardless of whether they are loaded or not. A weapon that can be used to cause serious harm or death is considered as a “deadly weapon”. This applies to knives, daggers, switchblade knives, poniards, dirk knives, butcher knives, bowie knives, brass knuckles and other similar weapons that can cut or be used to thrust. The definition includes sword canes and other canes with a sharp end. Slung shots, slingshots, bludgeons and other similar weapons that can inflict serious wounds are included in the definition of “deadly weapon”.

The New Mexico law includes a list of the different types of knives considered as deadly weapons under 30-1-12.
This list includes:
– switchblade knives.
– poniards.
– butcher knives.
– daggers.
– bowie knives.
– dirk knives.
– sword canes.
– sharp pointed canes.

The definition of “deadly weapon” is broad and a judge or a jury can determine that an item is a deadly weapon if it can be used to cause dangerous thrusts or cuts. The 2009 case between the New Mexico Supreme Court and Nick R. is a good example of this. This case involvedNic R, a 16-year-old student how had a job at a family-owned furniture store. All the employees of this business carried pocketknives for the purpose of opening boxes. Nick R. brought the pocket knife with him to school. The knife was never opened and there were no indications that the knife was carried with the intent to cause threats to for criminal activities. Children’s Court brought charges against the defendant after the incident. The pocketknife was considered as a deadly weapon by the Children’s Court. The decision was appealed after the verdict of the Children’s Court. The New Mexico Court of Appeals decided to validate the decision taken by the Children’s Court since the pocketknife could be considered as a deadly weapon from a legal point of view. The New Mexico Supreme Court looked at the state’s law in a more thorough manner, including previous cases with statutory weapon restrictions. The decision of the Court of Appeals was reversed and the case went back to the Children’s Court. A jury was to determine whether or not the pocketknife could be considered as a deadly weapon. This case does not establish the fact that a pocketknife cannot be considered as a deadly weapon but it establishes that defendants have the right to have a jury decide if an item can be considered as a deadly weapon. This is something that needs to be determined on a case by case basis.

There are no critical dimensions regarding New Mexico laws on weapons.

There is a statewide preemption.

Under 30-7 2.1, deadly weapons are prohibited on school property. See the case of State v. Nick R. for more detailed on a case that involved a pocket knife on school grounds.

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New Hampshire State Knife Laws

Dan Lee Williams — Sat, 08 Oct 2016 11:15:22 +0000

New Hampshire happens to be one of the most tolerant states in the entire United States. There was a prohibition that applies to switchblade knives that got repealed back in 2010. New Hampshire does not have any general prohibitions in regards to carrying, possession or ownership of knives. There is also statewide preemption in New Hampshire. There are also no local or municipal ordinances that could restrict either knife possession or ownership.

New Hampshire Rev. Stat. § 159:26

Ammunition, Firearms, and Knives: Authority Of New Hampshire

I. In regards to the extent that is consistent with federal laws, the state of New Hampshire will have authority as well as jurisdiction of the purchase, sale, use, ownership, possession licensing, transportation, taxation, permitting, or any other matter that pertains to firearms, components of firearms, ammunition, any firearms supplies or knives in the state. With the exception of being specifically provided by the statute itself, no regulation or ordinance of any political subdivision can regulate the sale, ownership, purchase, use, transportation, possession, licensing, taxation, permitting, or any other matter that pertains to the firearms, their components, the ammunition or the firearms supplies in the state. Nothing provided in this section will be construed as having an impact on a political subdivision and their right to adopt any zoning ordinances for the sole purpose of regulating knives or firearms businesses in the same manner as any other businesses or to take any further action allowed under the RSA 207:59.

II. Upon the valid date of this section, any and all municipal regulations and ordinances that are not authorized under paragraph I that is relative to the sale, ownership, purchase, use, possession, licensing, transportation, taxation, permitting or any other matter that pertains to firearms, firearm components, or the ammunition and firearms supplies or knives will be null and void.

Minors:

New Hampshire does not have any laws in regards to the transfer or sales of knives to minors. However, it does prohibit the sale of bb guns and/or paintball guns to minors.

Concealed Carry:

N/A

Statewide Preemption:

Yes.

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