Help with Ohio's knife laws

K

Kyle B.

Joined
Jul 14, 2008
Messages
117
Hi everyone. I really hate to have my first post be asking for help... but I need it. I've read up on Ohio's knife laws, but I'm really not good with legal mumbo-jumbo, or anything with 26-letter words and roman neumerals I've never even seen before, for that matter.

Here's the written law (vague as hell, naturally):

http://pweb.netcom.com/~brlevine/oh.txt

And here's my question:

I'm a law-abiding 28 year old with a spotless record. Is it specifically prohibited by the state to carry a 3" bladed (7" overall) fixed blade knife concealed in a belt holster?

Also, if it is illegal, does anyone know what the penalty for forgetting the law is? I'm guessing just a slap on the wrist, not a felony or even any real jail time unless in a courthouse, etc, right? I really, really do hate to break the law, hence the spotless record, but I can't take my concealed carry sidearm everywhere, and protecting myself and my family is worth a night in jail, you know what I mean? And I guess it's not like there's any real way to get caught, unless I do something really stupid....

Anyway, thanks a lot for the help.

Cheers,
KB
 
Kyle B. said:
And here's my question:

I'm a law-abiding 28 year old with a spotless record. Is it specifically prohibited by the state to carry a 3" bladed (7" overall) fixed blade knife concealed in a belt holster?
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not that i can see.

Also, if it is illegal, does anyone know what the penalty for forgetting the law is? I'm guessing just a slap on the wrist, not a felony or even any real jail time unless in a courthouse, etc, right? I really, really do hate to break the law, hence the spotless record, but I can't take my concealed carry sidearm everywhere, and protecting myself and my family is worth a night in jail, you know what I mean? And I guess it's not like there's any real way to get caught, unless I do something really stupid....

Anyway, thanks a lot for the help.

Cheers,
KB
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it appears a first violation of the concealed weapons section is a misdemeanor. you could receive a citation or be booked in to jail, depending on how the local pd operates.

also keep in mind that most cities/counties have their own codes and ordinances. i only read the state law which you linked.

you dont have to do something stupid, necessarily, to get caught carrying illegally. you just have to get searched to get caught.
 
Thanks a lot for looking over that for me.

MORIMOTOM said:
You just have to get searched to get caught.
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Very true.

I don't drink and drive, and I'll make sure to leave the knife at home when I go to a baseball game, the courthouse or to work (I'm a teacher, so I kind of have to), and if I ever get pulled over for speeding I'll throw it in the glove box just to be sure. Hell, if I get pulled out of the car and searched they can't arrest me for carrying a sheath, can they? :rolleyes: Glad to hear it's just a misdemeanor, too.

Thanks a lot!
KB
 
your ohio laws are pretty basic, if that is all the sections that apply to weapons/knives.

the fact that specific blade lengths and knife types are not specified (excepting autos) leads me to believe there is little concern from law makers or law enforcement regarding concealed carry.

the "deadly weapons" description also implies (to me) that the knife in question would have been brandished or used in conjunction with another crime, and not a reference to the knife "in and of itself".



and regarding your work, typically there is an exemption for lawful use during the course of employment. would it be difficult to articulate your knife carry as it relates to your teaching? im sure your administration would also need to approve, but just because you are on school grounds does not necessarily mean you have to leave it in the car.
 
MORIMOTOM said:
not that i can see.



it appears a first violation of the concealed weapons section is a misdemeanor. you could receive a citation or be booked in to jail, depending on how the local pd operates.

also keep in mind that most cities/counties have their own codes and ordinances. i only read the state law which you linked.

you dont have to do something stupid, necessarily, to get caught carrying illegally. you just have to get searched to get caught.
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The LEO would need "probable cause" to search you. If the search was illegal, all evidence would be thrown out in court, sinking the case, because it would be known as "fruit of the poisonous tree". Keep your knife well-concealed, keep yourself well-groomed and well-dressed, practice good manners and it is highly unlikely that you will even get a second look from an LEO. In the gravest extreme, if you or your family were attacked, a concealed weapons charge would be the absolute least of your worries. Defend yourself and your loved ones first and worry about the criminal charges later. I would much rather be a live felon than a dead victim.
 
Great responses guys, and valuable advice all. This was exactly what I was looking for.

Thanks a lot for your time!
KB
 
TOM1960 said:
The LEO would need "probable cause" to search you. If the search was illegal, all evidence would be thrown out in court, sinking the case, because it would be known as "fruit of the poisonous tree". Keep your knife well-concealed, keep yourself well-groomed and well-dressed, practice good manners and it is highly unlikely that you will even get a second look from an LEO. In the gravest extreme, if you or your family were attacked, a concealed weapons charge would be the absolute least of your worries. Defend yourself and your loved ones first and worry about the criminal charges later. I would much rather be a live felon than a dead victim.
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incorrect.

reasonable suspicion is required for detention and a search for weapons, not probable cause (terry v. ohio).
 
MORIMOTOM said:
incorrect.

reasonable suspicion is required for detention and a search for weapons, not probable cause (terry v. ohio).
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The LEO would still be required to testify, under oath, the reason for the search of the defendant's person, vehicle, handbag, etc. This is another reason to demand a trial by jury rather than a trial by judge, plea bargaining, etc.
 
TOM1960 said:
The LEO would still be required to testify, under oath, the reason for the search of the defendant's person, vehicle, handbag, etc. This is another reason to demand a trial by jury rather than a trial by judge, plea bargaining, etc.
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what does that have to do with the fact you are giving incorrect information?

and what do illegal searches have to do with this thread? stay on topic and be helpful or go away.
 
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MORIMOTOM said:
what does that have to do with the fact you are giving incorrect information?

and what do illegal searches have to do with this thread? stay on topic and be helpful or go away.
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Well, MORIMOTOM, it appears that the initial poster showed some concern about searches and being charged with illegal carry. I suggested that physical appearance and manners play a huge factor in who gets searched, legally or illegally. It is certainly not my intention to fuss or fight with you. The fact that you are carrying a concealed knife can get you arrested at any time and it is up to the courts to straighten it out. Most state knife laws are quite vague, including my own state's. On the street, "legality" is subject to the interpretation of the LEO. Remember, he or she has the power to arrest you, not the other way around. If one maintains a good image in public, one can avoid a lot of unpleasantness. In short, stay well under the radar!
 
kyle, i'll call my friend in dayton that is a state trooper and ask him if you still have any questions.
 
Thanks a lot, sir, but as a matter of fact I just talked to a police officer I happened to meet in Akron yesterday. He just about parroted what you guys have said, so it looks like it's going to be a Wilson Tactical M3 on my belt from now on.

Thanks a lot for all the help, guys!
 
TOM1960 said:
Well, MORIMOTOM, it appears that the initial poster showed some concern about searches and being charged with illegal carry. I suggested that physical appearance and manners play a huge factor in who gets searched, legally or illegally. It is certainly not my intention to fuss or fight with you. The fact that you are carrying a concealed knife can get you arrested at any time and it is up to the courts to straighten it out. Most state knife laws are quite vague, including my own state's. On the street, "legality" is subject to the interpretation of the LEO. Remember, he or she has the power to arrest you, not the other way around. If one maintains a good image in public, one can avoid a lot of unpleasantness. In short, stay well under the radar!
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that's fine, but your previous posts, especially the last one, were taking the thread in another direction.

besides that, your legal interpretation was incorrect. there is a significant difference between the legal application of probable cause and reasonable suspicion, though the definitions appear similar prima facie.
 
Gents,
I am non-US. I will visit Cincinnati for 2 weeks. Is it legal l carry Sebenza(small)(<3 " blade) in my pant pocket?
Thank you very much
 
Yes TomP you can carry your Sebby in Cincinati. I carry mine all the time & LEOs never say anything even when they see it.
 
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