Define Concealed Carry and Weapon

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keygenkid

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Feb 21, 2011
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I live in Ontario Canada but any input is appreciated. If my knife is clip to my pocket does it count as concealed carry. The shiny silver clip is very visible and so is a bit of the end of the handle.

Also how does the law define a weapon. I remember hearing something like "anything designed or intended to hurt something". If I intended my knife as a tool could they say it was designed as a weapon because it was made to cut things.

Lastly how do they prove my intentions were to use it as a weapon. Do I need to say "I have it for self defense" or commit a crime with it for them to prove it's a weapon or do they automatically assume it's a weapon and I have to prove it's not.

More info: I carry a tenacious but in the near future it will be a Spyderco military. In Canada there are prohibited weapon such as balisongs, switchblades, brass knuckles etc. We have no blade length restriction. We can't own a prohibited weapon at all. We can own things like a baton, because they are not prohibited but we can't carry them. We can't carry any weapon at all. You can get by if you are say going to martial arts practice and you need a baton but other then that there is not much excuses. In the criminal code it says something like "any one who carries a weapon concealed commits an offense". I am mainly wondering if pocket clip counts as concealed carry and if they can say my knife I'd a weapon because it has a large belly or something.
 
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If you're carrying a tool, concealed becomes irrelevant - not a weapon. But design also plays a part here, e.g. a Daniel Defense folder probably wouldn't be considered a tool by LE.

If you say it's for self-defense, it's considered a weapon regardless of design.

What knife do you carry?
 
a concealed weapon is just that. can be a knife, gun, prybar, sock full of quartes, etc. what you need to pay attention to in your area is blade length and blade deployment restrictions. If the law lets you carry up to 4 inches that mean 4 1/64 is now considered and illegal weapon, put it in your pocket you now have a concealed weapons charge whether or not its for cutting tomatoes or fighting gang bangers. same goes with how the blade is deployed. Cops dont care if you SAY its a tool. I dont know canada laws or pretend to know all american laws for that matter, but i know in PA concelaed weapon starts at 4 inches, but a fixed blade in a sheath on my belt has no limit. my guess is there feel safer with the guy willing to show the world what he is packing then someone trying to hide it?
 
Here's the skinny. Look at the definition for dangerous weapon. It will be defined in a written law. Then you will also find a definition for concealed. Usually the law reads the any means to disguise, hide, or make any item unidentifiable by visual observation.
 
1) As Mr. Xx stated, you should rely on the statutory law. Become intimately familiar with it, and abide by it.

2) even as to those matter addressed by statute, law enforcement may not know or understand the law. So a police officer's personality, demeanor, etc., along with your courtesy and deference (butt kissing) to his authority will be as determinative as anything.

As for me, I know well the concealed deadly weapons law in my jurisdiction, and I abide by it. Though I will at all times be courteous to law enforcement, I will not bend over and grab my ankles for them either. I'm willing to risk arrest, as long as I know that my conduct is lawful. And that knowledge is based on fully understanding the law.
 
I carry a tenacious but in the near future it will be a Spyderco military. In Canada there are prohibited weapon such as balisongs, switchblades, brass knuckles etc. We have no blade length restriction. We can't own a prohibited weapon at all. We can own things like a baton, because they are not prohibited but we can't carry them. We can't carry any weapon at all. You can get by if you are say going to martial arts practice and you need a baton but other then that there is not much excuses. In the criminal code it says something like "any one who carries a weapon concealed commits an offense". I am mainly wondering if pocket clip counts as concealed carry and if they can say my knife I'd a weapon because it has a large belly or something.
 
Canadian courts have already ruled that a pocket knife is not necessarily a weapon.
However...
If the designer says it's designed as a weapon, then it's a weapon.
Emerson SAYS his knives are designed as weapons, so that means they can be classified as weapons (regardless of your bagel cutting intentions).
The Spyderco Civilian comes with a tag saying it was designed as a defensive weapon, and that utility use voids the warranty. Guess what? That means it's a weapon.

Just because it has a belly and is designed to cut does NOT mean it's a weapon...it usually means it's designed as a TOOL for cutting things.:)

Blade length does not autoamtically translate into weapon status, but knives over 4" of blade length in the city have a better chance of being considered a weapon. It might not, but it makes it somewhat more likely. A knife of 3-4" is generally pretty much a safe pocket-knife or sheath knife length for the city. In the woods, carry a flippin sword if you like...it's all good.:)

If it's called "Death-dealer 2000" or CQC-whatever, then leaving it at home might be wise.

As far as I know, if you can see the clip it ain't concealed, to answer the other question.
 
Depends on where you live, but generally concealed carry means just that.... concealed. If you have any parts of it visible, it is not concealed. So if your local knife law states that your blade length requires it to be concealed, you are violating the law by having the clip visible.
 
The Logical One said:
Depends on where you live, but generally concealed carry means just that.... concealed. If you have any parts of it visible, it is not concealed. So if your local knife law states that your blade length requires it to be concealed, you are violating the law by having the clip visible.
Click to expand...

There are no regional variations in Canadian knife laws.
There are some cities which mandate concealed carry (like Calgary), but that's a by-law which only carries a fine.
It's simpler in that regard to staying out of jail in Canada.:)
 
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