Individual perception is an interesting thing. Even though many people act in ways that violate the law, they don't think of themselves as "criminals". But the fact is, if the knife a person carries violates the letter of the law, then that person is committing a crime, and in the eyes of the law, that person is indeed a "criminal".
Just because WE think knife laws are silly and stupid, doesn't mean they won't be enforced. Nor does it mean that prosecutors won't prosecute to the full extent of the law. To us a pocket knife might be a simple, harmless tool, but a cop or prosecutor might look upon it as a "deadly weapon". In court, how WE define our knives is meaningless compared to how the prosecutor, and the letter of the law, defines our knives. We can say "it's just a tool", but if the knife meets the legal definition of a "deadly weapon", then that is how it will be perceived in court.
Whether or not an individual cop on the street arrests a person for carrying an illegal knife is up to that individual cop. All cops are different, some couldn't care less if your knife violates the letter of the law, but some might. The fact is, if you are carrying a knife that violates the letter of the law, you are giving any LEO who discovers your illegal knife a justifiable reason to arrest you. I have no trouble believing that most cops would let a respectable person slide for carrying an illegal knife, but it's still a gamble. It only takes one cop to decide to arrest you and take you to jail. It could be a rookie looking to impress their superiors, or some a-hole cop who looks for any reason to make an arrest, or a cop who doesn't like people carrying knives, or maybe just a cop who chooses to follow the letter of the law. Personally, I would prefer not to give LEO's any legal grounds to arrest me.
For anyone who thinks that an arrest for carrying an illegal knife is an insignificant matter with minor and laughable consequences, let me paint a picture of what can happen if you are arrested, and maybe convicted, of a "weapons" offense. And that's exactly what it would be- a weapons offense. You're not going to be charged with "possession of a tool", you're going to be charged with "possession of a deadly weapon".
If you are arrested you will be taken to jail, and believe me, jail is not set up for your convenience. Even if you can afford to make bail, you could be there all day waiting for the process to be completed. And depending on the time of your arrest, you might even have to spend the night (how much work can you afford to lose?). Bail can cost you hundreds or thousands of dollars. If you use a bail bondsman, you, or someone else, will have to give the bondsman an average of ten percent of the overall bail amount in cash, AND sign over collateral equal to the remainder of the bail amount (house, car, etc). The cash you give a bondsman is NOT REFUNDABLE, you will never get that money back. Can you afford bail? Can you provide collateral?
Can you afford a lawyer? Or are you going with a public defender?
If you can't make bail you might sit in jail for several months while your case slowly works it's way through the criminal justice system. Just like jail, the justice system does not operate for your convenience. How long can you sit in jail before you lose your job? If you aren't working, who will pay your rent, your mortgage, support your family, etc, etc? I knew guys in jail who lost their apartments while they were in jail and the landlord put all of their property on the street, while they sat in jail.
If you are convicted, even if you don't get more jail time, here's what can happen (even if it's a misdemeanor conviction)- You will very likely be required to pay thousands of dollars in fines and court costs. You will very likely be put on probation for multiple years (details of probation might vary from one state to another. here's what it's like in CA). And if you think probation is nothing, just a slap on the wrist, keep reading, because when you are on probation for a "weapons conviction" you will lose your right to possess ANY weapons, and that includes guns and non-essential knives ("essential" being kitchen knives). All non-essential knives would have to be removed from any area accessible to you. You would be required to either transfer ownership of any guns you own over to someone else who may legally possess firearms (not someone who lives in the same residence as you, the guns cannot be accessible to you in any way), or, if you don't have someone you can transfer ownership to, you will have to surrender them to the cops (if the guns are registered, the cops will know what guns you have). Of course, if you are convicted of a felony, then you will lose your 2nd amendment rights altogether.
While on probation, you will lose your 4th amendment rights (it's an automatic condition of probation). This means that you can be stopped and searched on the street by any cop, at any time, and without probable cause. Also, it means that the cops can enter and search your residence anytime they want without a warrant. And a conviction on a "weapons" charge might very well put you on the list for regular home searches by your probation officer.
While on probation you would not be allowed to leave your county or state without receiving permission from your probation officer. And to add to the expense of the whole matter, you would be required to pay probation fees.
And if you violate the terms of your probation in any way, like if you get caught in possession of a non-essential knife, you can be sent back to jail.
If you have a criminal conviction, getting that job you want might be difficult. Getting ANY job might be difficult (perspective employers might not want to hire someone with a "weapons" conviction). Getting into the military might be difficult with a criminal record.
And just think, all of that is very possible just for carrying a knife that violates the letter of the law. Just because you don't think you are committing a crime, don't assume that cops, and prosecutors will share your point of view (prosecutors love to get "weapons" convictions). You might get lucky, and a cop on the street might let you slide, but that's a hell of a gamble to take. We might look upon a knife as a "tool", but many in our society (including many with real power) might look upon a knife as a "deadly weapon".
Fortunately for me, where I live in San Diego, the knife laws are very permissive, so I can carry what I want in the manner I want and it's all legal.
