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How do you open carry a pocket knife?
- Thread starter RickJ
- Start date
About which jurisdiction do you inquire?
I don't know what Colorado's knife laws are, but if there is a law against open carry, and if a cop can SEE your knife, ANY part of your knife, that cop might consider it to be "openly carried". And if you are arrested based on that cops opinion, then it will be up to the opinion of the prosecutor to decide if you should be prosecuted. And if you are prosecuted, then it would be up to the opinion of the jury whether or not the knife was being "openly carried". Bottom line is- there may be a lot of opinions involved in the matter, and those opinions can easily go against you.
However, if Colorado law specifies in detail what exactly constitutes an "openly carried" knife, then your description of carrying a pocket knife clipped to your pocket might not qualify as "openly carried" and you might be in the clear. But like I said, I don't know CO law.
Also, if there is case law (previous cases involving "openly carried" knives), then those cases can play a big role in determining whether or not your method of described carry does in fact constitute "open carry". But I don't know CO case law.
However, if Colorado law specifies in detail what exactly constitutes an "openly carried" knife, then your description of carrying a pocket knife clipped to your pocket might not qualify as "openly carried" and you might be in the clear. But like I said, I don't know CO law.
Also, if there is case law (previous cases involving "openly carried" knives), then those cases can play a big role in determining whether or not your method of described carry does in fact constitute "open carry". But I don't know CO case law.
- Joined
- Jun 30, 2013
- Messages
- 853
Must one "openly carry" a knife in Colorado? Since in Cali one may not conceal a fixed blade knife, it would seem that in CO one would be required to have the knife visible vice not visible. But, that is applying CA logic to CO, which would then be illogical.
In my experience doing knife law research I have rarely, if ever, found a super specific statutory definition of concealed vs. open carry. Though I have found a handful of case law decisions about it.
I have some pointers on the matter I have gathered from these cases and from conversations with police officers. First thing is determine if open carry or concealment is actually required by the laws of your state. Most states do not prohibit concealed carry of folders, making the attempt to open carry pointless. Some cities like Los Angeles and New York City have it reversed, where open carry is illegal but concealed is not. From the Colorado law, it appears that if the folder is less than 3.5" in length, you may conceal it legally.
Second matter is can your average person in society not only notice it, but tell that the object is a knife and not something else? Are you wearing clothing that sometimes covers it? The knife needs to be recognizable to others and must not be covered, even if temporarily, but a jacket or shirt. Knives that are not carried in a readily accessible manner (such as inside an enclosed box, at the bottom of a backpack, or in a car trunk) typically do not count as concealed because they cannot be pulled out suddenly.
I have some pointers on the matter I have gathered from these cases and from conversations with police officers. First thing is determine if open carry or concealment is actually required by the laws of your state. Most states do not prohibit concealed carry of folders, making the attempt to open carry pointless. Some cities like Los Angeles and New York City have it reversed, where open carry is illegal but concealed is not. From the Colorado law, it appears that if the folder is less than 3.5" in length, you may conceal it legally.
Second matter is can your average person in society not only notice it, but tell that the object is a knife and not something else? Are you wearing clothing that sometimes covers it? The knife needs to be recognizable to others and must not be covered, even if temporarily, but a jacket or shirt. Knives that are not carried in a readily accessible manner (such as inside an enclosed box, at the bottom of a backpack, or in a car trunk) typically do not count as concealed because they cannot be pulled out suddenly.