Concealed carry

[dkb45]

I looked and looked, and I cannot find a cut and dry definition of what concealed carry is. To my understanding it is when the knife (not talking about guns for bladeforums) is not visible, like waist band carry. From what I have seen a pocket clip makes it technically open carry, because it is visible that you have something. That said, what makes a knife, and a folder specifically, concealed carry?

 

[Cadillac86]

Concealed Carry = Hidden
Open Carry = Out in the open.

If it is covered up by an outer layer, it is concealed.

 

[willrise]

As far as Firearms, here in IL, at least 51% or greater of the firearm must be concealed

 

[powernoodle]

what makes a knife, and a folder specifically, concealed carry?

There is probably no objective answer to this. The correct answer is that it depends on what your jurisdiction's statutes, regulations and case law say. And they probably do not define the word "concealed". So practically speaking, it is up to the subjective determination of a police officer, prosecutor and jury. It is advisable to become intimately familiar with the law of your jurisdiction, and comply with it in every respect. Aside from being completely deferential to the police, complying with every aspect of the law is your best bet. That's all one can really do if the legislature has not defined what "concealed" means.

 

[Ecchi-Spud]

Mind you, I'm not a legal expert. But I suspect that carrying a knife where only the clip is exposed would STILL be considered "concealed carry." Part of that reasoning is that a pocket clip can be used for just about anything (a pen, a flashlight, a knife, . . . I've even seen a Glock w/ a clip attached).

 

[devieduran]

thanks for the info i think it was legal except you bring it into an airport

 

[A-MAC]

In Florida a folding knife is not considered a concealed weapon unless the blade is > 4" long.

 

[RamZar]

In Los Angeles they go with the phrase "in plain view" for a folder with a 3" blade. So, you can carry a folder with a 3" or less blade and any portion of it including the clip could be showing. If you want to carry a folder with a blade length greater than 3 inches you can't have any part of it showing. You could drop it in the pocket or clip it but making sure that some garment covers it completely.

 

[Eric@DLT]

Sounds like there are many answers to the question and the best being check your state and local laws. Also remember if you want to know about a law ask a lawyer not a cop. Even cops can give you bad advice with the best of intentions.

 

[sabre cat]

Sounds like there are many answers to the question and the best being check your state and local laws. Also remember if you want to know about a law ask a lawyer not a cop. Even cops can give you bad advice with the best of intentions.

This.:thumbup:

I have ask more than one LEO about knife laws in my state a have gotten a different answer each time.

 

[Charr]

It actually changes slightly from one state to another, and some states do not objectively or explicitly define the term "concealed", likely in order to keep the law intentionally vague (whether that is good or bad depends I suppose), but the following is something I found from one specific state's legislature:

62.1-04-01. Definition of concealed. A firearm or dangerous weapon is concealed if it is carried in such a manner as to not be discernible by the ordinary observation of a passerby. There is no requirement that there be absolute invisibility of the firearm or dangerous weapon, merely that it not be ordinarily discernible. A firearm or dangerous weapon is considered concealed if it is not secured, and is worn under clothing or carried in a bundle that is held or carried by the individual, or transported in a vehicle under the individual's control or direction and available to the individual, including beneath the seat or in a glove compartment. A firearm or dangerous weapon is not considered concealed if it is:

Carried in a belt holster which is wholly or substantially visible or carried in a case designed for carrying a firearm or dangerous weapon and which is wholly or substantially visible;

Locked in a closed trunk or luggage compartment of a motor vehicle;

Carried in the field while lawfully engaged in hunting, trapping, or target shooting, whether visible or not; or

Carried by any person permitted by law to possess a handgun unloaded and in a secure wrapper from the place of purchase to that person's home or place of business, or to a place of repair, or back from those locations.

A bow and arrow, an unloaded rifle or shotgun, or an unloaded weapon that will expel, or is readily capable of expelling, a projectile by the action of a spring, compressed air, or compressed gas including any such weapon commonly referred to as a BB gun, air rifle, or CO 2 gun, while carried in a motor vehicle.

Thankfully, in Kansas (where I live right now), there are no restrictions on carrying a knife of any kind, size, type, etc., whether it is concealed or not.

 

[FordRanger]

In Florida a folding knife is not considered a concealed weapon unless the blade is > 4" long.

Is there a specific law stating this? I have looked, trying to figure it out for myself, and while I have seen it said before, The laws I have read do not specify an inch. Some cities have a specific inch limit, and every LEO I have asked says if its a folding knife that fits in your pocket, they really don't care. They're pretty much clueless on knife laws. Something tells me a CS Rajah wouldn't be treated that way though..

 

[John_0917]

In Texas, we don't define it in terms of knives since state law makes no distinction on what you can carry openly versus concealed, it's up to 5.5" and single edged no matter how you carry it.

As far as guns, it is essentially defined as not being in plain view on one's person or vehicle (we can carry a gun concealed in a vehicle without a permit as long as you aren't a prohibited person or gang member). This is soon to be a bit dated though, since open carry legalization of handguns is about 98% of the way to becoming law (passed by both chamber, just needs reconciliation and signature). If (when) this becomes law, it will be lawful (with a permit) to carry a handgun in plain view on one's person in a belt or shoulder holster.

Generally, most places consider something "concealed" if no part of it can be seen exposed, including a clip.

 

[John_0917]

In Florida a folding knife is not considered a concealed weapon unless the blade is > 4" long.

That is not correct, and neither is the belief that having a CWFL exempts one from arrest for carrying a blade longer than 4" or carrying an auto. Florida law allows for carry of a "common pocket knife" up to 4" blade length. Unfortunately, they don't define "common pocket knife" and case law on the topic has mixed opinions.

 

[RevDevil]

Off to Knife Laws we go.
Noodle is probably right, you have not found a cut and dry answer because there isn't one. Each country, state, county, city, town, efc has their own basic nterpretation of a general law.

 

[killgar]

The penal code is often vague when it comes to what constitutes a "concealed" knife or weapon. If you are lucky, your local laws will be specific enough to provide a clear guideline.

As mentioned already, laws can vary from place to place.

When the law is vague, there will be a lot of room for interpretation. The cops who stop you on the street may have their own interpretation. And if they choose to arrest you, then a prosecutor who receives the case will make their interpretation. If the prosecutor decides to charge you with a crime, a judge will make their interpretation. And if the judge decides to let the charges proceed, then a jury will make their interpretation.

Never expect a prosecutor to make an interpretation of the law that is favorable to you, that's not the business they are in. They are in the business of prosecuting people and getting convictions. And weapons convictions look really good on a prosecutors record.

And don't expect judges to throw out any charges. I've had several attorneys in my employment and they all said that judges hardly ever throw out charges.

Here is some advice for dealing with law enforcement-

1. Find your local knife laws. Find the knife laws that relate to you and the knives you carry. Print out those laws and carry them with you. Although there are no guarantees, it is possible to use those printouts to convince cops on the street that you are following the law. I know of instances where this has happened. Cops don't always know the letter of the law, and when they read the law for themselves, they will sometimes correct their mistake. Also, when you demonstrate that you know the law, bad cops will sometimes be less inclined to try and screw you and "confiscate" your knife by claiming that it's illegal. Again, no guarantees, but it sometimes does work.

2. Never argue with the cops. If you are going to explain the law to cops do it calmly and politely. You don't want to be insistent or argumentative like you are trying to tell them their job. If they want to take your knife, do not resist in any way.

3. Ask to speak to the officers supervisor. There is always a senior officer driving around supervising the other officers. This senior officer is more likely to know the law and less likely to make a mistake or try to screw you.

4. If things go badly, and your knife is confiscated, ask for a receipt, the officers name and ID number, and what department they are from. Write down the license number of their car. Take a picture of them with your phone after they have gotten in their car (don't make it obvious). Write down the exact time and place the encounter happened. Then take all of this to the department and file a complaint. Hire an attorney if necessary.

5. When in doubt about the law, consult an attorney.

6. If you are in doubt about the law, and if the law is vague, err on the side of caution. If jail or confiscation are things you want to avoid, go the extra mile to be on the right side of the law. Don't assume that a visible pocket clip constitutes open-carry. If the law says that you must carry your knife openly, use a belt sheath. Or, if the law says that you must carry the knife concealed, don't use the clip and carry it deep-pocket.

 

[druid189]

Generally speaking, concealed means [in part from the entire article]:

Concealed weapons are weapons, especially handguns, which are kept hidden on one's person, or under one's control. Carrying a concealed weapon is illegal in most states unless the party with the weapon is a law enforcement officer or has a permit to carry a concealed weapon.

http://definitions.uslegal.com/c/concealed-weapons/

Read the rest of the article for more information