Fixed blade carry in NC?

S

seniordep2010

Joined
Oct 25, 2009
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So this is my first post and I have a question.
Now that it is hunting season I've been carrying my 3.5 inch fixed blade knife with a gut hook instead of my EDC Winchester 2.5 inch folding pocket knife. Now me being out in the woods alot I have the fixed blade strapped to my belt while putting up stands or clearing brush or whatever.
But sometimes I forget I have it and run to Wal-Mart or the gas station with the knife still on my belt partially covered by my shirt or coat, is this legal in North Carolina? Is either a fixed blade knife in open carry or concealed carry legal in public?
-Thanks
 
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It doesn't explicitly say in NC law that all fixed blades are considered weapons.

Article 35, Title § 14‑269 says:
It shall be unlawful for any person willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises.
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"Bowie knife" is not defined in law. It is sometimes incorrectly applied to all fixed blades, but not necessarily. Daggers/dirks usually mean double-edged. However, § 14‑269 continues by saying:

It is a defense to a prosecution under this section that:
(1) The weapon was not a firearm;
(2) The defendant was engaged in, or on the way to or from, an activity in which he legitimately used the weapon;
(3) The defendant possessed the weapon for that legitimate use; and
(4) The defendant did not use or attempt to use the weapon for an illegal purpose.
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Based on your description of your purpose and activities, and in the absence of some kind of city ordinance to the contrary, it would seem to be legal to me based on the criteria provided.

Source: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.html
 
Being a native north carolinians it is a big no to fixed blades on you (except in the woods) I was given a long chewing out by a policeman for a schrade sharpfinger. I know it dose not make alot of sence to me but thats just the way it is. I would love to carry a small fixed blade as an edc but until the law changes I stick to my folding blades.
 
Hmmmm I see, I guess I should just stick to my folders until I find out for sure. Maybe some others will chime in. Thanks for the help!
 
I talked with a policeman about this (I'm in NC). He said the laws are pretty vague (as seen above) and it is that way so it's open to the officer or court to decide, depending where you were and what you were doing. He said he only charges people with fixed blades (concealed or not) if a. the person is already being charged with another crime, b. he believes to have reason that they might be planning to harm someone with it, or c. they piss him off.

Technically it's illegal to walk across the street with a butter knife in your pocket to let your neighbor borrow, but you won't get arrested for that.

I have my Becker Necker and really don't wear it much around my neck like I thought I would after I read (and thought) about it. It's not worth the risk when I can carry my Spyderco's (3.5" closed maximum)

But now that I re-read your original post, if your knife is only 3.5 inches I seriously doubt you would ever get charged. The pocketknife law is so the blade won't be longer than 3.5 so your's is actually shorter than many pocketknives can be.


Edit: another post says, "caselaw has ruled folding knives with blades as large as 4.5" to be legal when carried concealed." That helps me out...brb going to measure my bk11 :)
 
bigrob911 said:
Being a native north carolinians it is a big no to fixed blades on you (except in the woods) I was given a long chewing out by a policeman for a schrade sharpfinger. I know it dose not make alot of sence to me but thats just the way it is. I would love to carry a small fixed blade as an edc but until the law changes I stick to my folding blades.
Click to expand...

As a long time NC hunter, I can tell you a police butt chewing does not mean the officer knew what he or she was talking about. I open carry and often find the police do not know the law and must be SHOWN politely the error of their ways.
 
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