Knife carry laws, get the facts!

[VegasNick]

I know everyone lives under different laws. The reason that I posted this is to prompt everyone to search the appropriate legal documents for themselves to discover the truth, rather than rely on what a clerk, or friend, or Desk Sergeant, may tell them.

I live in Nevada and I had checked out the knife laws on some guys website and it was a short one paragraph explanation. Basically, it just said that switchblades, belt buckle knives and trefoils (throwing stars) were illegal.

I have asked knife clerks and friends too. Eveyone has a slightly different version of the story.

I wanted to know the absolute truth, beyond a doubt, so I called the Metro Police Desk Sergeant. I just asked him about pocket knives, nothing else. He told me that switchblades and spring-assisted knives were illegal. I wanted some additional clarity on "spring-assisted", so I asked him if a knife which had a spring but which utilized pressure on a thumb-stud would be illegal. He told me that indeed it was and that it was a gross misdemeanor to possess one.

Well, I got real concerned because I EDC my Blur. So, I went online to the State of Nevada website and, thankfully, found the entire statute which deals with this.

Here is an excerpt of the pertinent clause:

Excerpt from NRS 202.350...
"(f) “Switchblade knife” means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism. The term does not include a knife which has a blade that is held in place by a spring if the blade does not have any type of automatic release."

Sounds to me like my Blur is within the law.

However, this knowledge may not help in the field when an LEO is not familiar with the details of the law. It may be helpful to carry a copy of the laws in your vehicle or on your person but if you ever needed to resort to pulling that out, it may not be of much value at that point in time. Of course it could be of value in getting your knife back if it were confiscated, or in court, if it came to that.

Nick

Sorry guys, I just realized that I should have posted this in the knife laws section. Moderator, please move... thanks.

 

[Cougar Allen]

 

[STR]

Assisted openers are for sure a gray area to be concerned with in most states that outlaw autos. We have discussed it many times here and on the Ken Onion forum as well as others. Here in Oklahoma I know of guys that have been arrested for one thing or another and had their Kershaw BlackOut taken from them along with the rest of their belonging only to have it and the rest of their stuff given back to them the following day or the following Monday when they got out.

I also know two police officers here in town that carry the same knife daily and yet other police officers that work with them that will tell you to your face that an assisted opener is the same thing as carrying an auto and that you'll be arrested, jailed and fined for having one on you.

Based on my experiences here I can pretty much guarantee you that if you call again or ask in person a different officer in your own area and yet another after that and another after that that you will find each one of them will tell you something different based on their interpretation of the law.

I had one tell me flatly it was a felony. Insisted on that even though I had the law book right in my car that says plainly it is a misdemeanor if in fact it is considered an auto. Another told me it was not a crime. Yet another told me it would depend on the circumstances as to whether he would add the knife as another count. I have a son and a brother in law enforcement and both have concurred with me that it really is up to a judge to decide. The best they can do is enforce the law as they understand it.

In these situations it really matters very little what the law says because it is subject to the interpretation of the officer that stopped you or finds it on you. In the event that an officer that says it is a misdemeanor arrests you for it the only way to get off is to spend the money for an attorney and go before a judge. Or if you defend yourself hope that your understanding of the law is such that you can convince a judge that your view of the law is the correct one and not the arresting officers.

I guess it depends on your own confidence in the law and what you think you understand, how deep your pockets are and how bad you want to carry the knife that walks a fine line.

STR

 

[puukkoman]

STR,
My thoughts exactly. That's why I don't carry my Leek. I don't need to be hauled in front of a judge to defend myself, even if my knife turns out to be legal (nor can I afford to spend time in court -- it's expensive!).

Peace.

 

[isaacgier]

I thought there was a length restriction in Nevada to. I live in North Las Vegas and was told there is a 3" length restriction. I think it's true but would be greatly relieved if it wasn't, I have a benchmade knife that's just over 3" that I wish I was sure I could carry.

 

[beefangusbeef]

Don't worry about the police officer, worry about the prosecutors and judges, the worse the cop can do is give you a free ride to see the big city! Seriously though, many cops I have ran into have no clue about up to date firearm and knife laws. It's easier for them to say it is illegal. The law is the law and it isn't their job to interpret it so what they say isn't always what goes.

 

[tom19176]

VegasNick, as I read your law a AO is illegal. The spring they are referring to is the normal back spring in any folder that holds the blade closed. The fact that the spring involved in a AO helps open the blade by use of a thumb stud or flipper, I would have to say they are NOT legal......sad but true !!!