Although state law incorporates a three and a half inch blade limit in the definition of "knife" applicable to the concealed weapon statute, the overall definition is sufficiently broad as to encompass virtually any type of knife, with any blade length. While your legal analysis is interesting and well worded, it is no where near comprehensive. When determining legality one must not just look at the written law, but the application of such law. The law-abiding citizen should be aware that individuals have been prosecuted, and convicted, for carrying concealed knives with blade lengths as short as 3 inches. NOT 3.5. Still think your 3.5 inch knife is fine to carry in Nebraska? In State v. Pierson a man was convicted for the concealed carry of 3.5 inch knives and they were not used in a fight (as you suggested would be necessary). And those were folding knives. Want to try a fixed blade? I think not.
Note, I didn't say that it was impossible for you to end up in court for carrying a knife under 3.5". What I said, and what the law states, is that if you are carrying a concealed knife over 3.5", then the fact of the knife being considered a "knife" (and thus a deadly weapon) is a given. If the knife is under 3.5", the prosecution bears the burden of proving that the instrument is a dangerous instrument capable of inflicting serious harm. Only after they prove that point of fact can they actually go after you for carrying a deadly weapon.
I also have to state that the legal analysis is not completely my own. The same general basis of it was given to me by a Douglas County deputy sheriff that I know, who is also a knife collector, as his interpretation of the law. I've also seen other (non-lawyers) come to similar conclusions. Of course, that doesn't in any way mean that a district attorney, judge, or jury is guaranteed to agree.
Also remember that in our litigious society, people have ended up in court for hundreds of asinine things, and lost. It's unfortunate, but it happens all too often. I'm pretty sure you could find a similar case for basically every state in the country.
I'd actually be very curious to read about the case you referenced. Do you have a case number? A quick search didn't find anything looked to match.
In fact, Omaha, the place you say you've been carrying has expressly forbidden the carry of concealed weapons. Just because you've been carrying and have not been arrested in no way makes it okay.
Please note, this thread is not exclusively, or even specifically, about concealed weapons. The fixed blade knife that I carry most frequently is worn on my belt in plain sight.
And as I stated before, you do not want to be a test case for someone else to read about. Nebraska has a historically awful legal history regarding weapon carry. Yes, you probably could carry your knife every day of your life and never be pulled over or arrested. At the same time you very well could be pulled over or arrested and get a concealed weapon conviction.
No, I don't want to be a test case. And I understand that there is a risk, even if it's
extremely small. However, I believe that if I use common sense, then the odds are strongly in my favor of not having problems. I don't break the law regularly, so I have few run-ins with police. When I do have to deal with them, I make it a point to always be calm, polite, straightforward, and honest.
You decide the risk you want to take.
Yep, that is correct. I consider the usefulness of carrying a knife worth the small risk.
I have a friend who's a former deputy sheriff, and I've discussed it with him quite a bit, along with some of the other current and former officers I've met through him. Most law enforcement officers aren't "out to get people", and if you are polite and use your head, the chances of them making the leap to arresting you for carrying a small knife without provocation is very slim. It's not non-existent, but it's small enough that I'm okay with it.
I do keep a copy of the knife related statutes in my car, though, in the unlikely case that the matter comes up with a law enforcement officer who hasn't memorized the letter of the law regarding knives. ;-)
