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Do these knife laws also pertain to carrying on private property.
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laws and private property
- Thread starter dtownknifekid
- Start date
In many states yes, because possession usally means you have control over the item. NY it means anywhere including your property. Think drugs instead of knives for a minute. If a house is raided and drugs are found than the charge is possession. If you state or local law means on you person or in public, then they usally add those words to the law.
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sometimes, and it may depend on the private property you are referring to.
in your home, probably not. as long as the item is legal to own that is, it may just be illegal to carry in public.
if the private property is a mall, or sports venue, than the laws would apply. and the property owners likely have their own rules on weapons carry anyway.
in your home, probably not. as long as the item is legal to own that is, it may just be illegal to carry in public.
if the private property is a mall, or sports venue, than the laws would apply. and the property owners likely have their own rules on weapons carry anyway.
So technically, in a state that explicitly bans the "possession" of fixed blade knives, everyone who has a knife block in their kitchen is a criminal? Wouldn't surprise me.
Technically; maybe.
But no state explicitly bans the "'possession' of fixed blade knives"
without qualifying language.
Possession is understood in most states( and Federal law) to mean that you have ownership or control over the item in question. If a law states possession of an item by itself constitutes a violation of the law, then generally it does not matter where the possession takes place as long as it is with the jursidiction of that law. When the possession only applies to being on a person. or in a public place, it is spelled out. In NY having an illegal handgun in your house is a Misd. where as on your person is a Felony, and the law spells it out. The NY law also spells out poessession. In NY gravity knife and switchblade possession is not limited to location of the item. That being said a search of your house requires a warrant, but a weapons check by a LEO who can state why he felt the need to question you is a legal search in most cases. If you have a large illegal knife collection and the cops come to your house on a ambulance call or any other lawfully reason, and one or several of your collection are in plain site ( or on display), then they would be with in the law to act upon they obersvations......
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yes plain sight rule applies in all 50 states and has been affirmed by case law.
your other points are correct as well. a banned item is illegal to have anywhere. although there are a few exceptions regarding firearms.
no state has a unilateral ban on fixed blades, most prohibit carry, and some only concealed carry.
but the private property question is not so simple to answer. again, depends on the item and the private property in question.
your other points are correct as well. a banned item is illegal to have anywhere. although there are a few exceptions regarding firearms.
no state has a unilateral ban on fixed blades, most prohibit carry, and some only concealed carry.
but the private property question is not so simple to answer. again, depends on the item and the private property in question.
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I should have been more specific i know that possesion applies to anywhere, I just wanted to know if the carrying laws applied to carrying on your property.
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if you are inside your home, that is in an enclosed area you should be fine. in your front yard, maybe not. areas not protected by a wall or fence and open to others (even though you may not want them there) are known as curtilage. that is areas on private property easily accessible to anyone.
eg, if you are detained in your front yard for some violation, and during a search police find an illegal item, you may be charged with possession. but maybe not.
it is not a black and white issue, varrying and the totality of circumstances can greatly affect the outcome.