NC knife laws? (very long)

Joined
Dec 13, 2000
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Howdy Guys,

To be a diligent citizen I went to the local sheriff's office where they issue CCW permit to ask the experts the following questions.

I'm in a civil (not criminal) environmental regulatory technical position for State Government. My work often has me performing field investigations associated with complaints of chemical dumping and spills and such. I often have need for a knife, running in size from a pocket knife to cut string, a fixed blade to cut larger stuff or even a machete to clear larger brush. As a "civil" official I'm not allowed to carry a gun on the job which is fine by me anyway, it sets the wrong tone for confrontations that sometimes develop. We have to go onto properties to perform our investigations, often with little intial information. We are free from having to obtain a search warrant by our statutes if we have "reasonable cause" to enter the property. We typically do obtain search warrants when someone puts up a big fuss about our entering their property because it makes it easier in court to prove we went the extra mile to cooperate with the violator (I mean customer) if it gets to that point. Point being, we are often in remote areas, trying to find things on some unidentified piece of property that someone is trying to hide. It can become dangerous if all the variables decide to work against you. I don't like to carry my knives (tools) out in the open because again, it sends the wrong image to the general public when you are investigating what could be a bad situation or just the innocent victim of a stupid fence war called in by an anonymous person.

My interpretation of the NC statues on knives is that any fixed blade knife must be carried in the open or it is considered a concealed weapon. The pocket knife and long bladed weapons laws are too vague for me to interpret. I asked the friendly law enforcement folks if there is a concealed permit process that would enable me to carry knive concealed. Theoretically, there is the remote chance that an violator, or just an unstable property owner, could attack me with deadly force and if I did not have a reasonable means of retreat you'd better be sure I'll defend myself with whatever tools I have on hand (my first choice would be pepper spray but if my knife is handier...). I wouldn't want a concealed weapons charge to be thrown up against me for using a knife. On a more practical note, someone could just simply make trouble for me because I have a "concealed" knife. Carrying a fixed blade openly during an investigation is not an option for image reasons and the pocket knife laws are vague for any pocket knife that I consider sturdy and large enough to be useful (ie. abusable).

Their answer was that our CCW laws apply only to carrying handguns, which I can't and don't want to do on the job. They said that there is no concealed carry option for knives. I said I was just trying to follow the law to the best of my ability but that this situation didn't seem to leave me a lot of practical room. They said that if I'm ever stopped by an LEO, just announce that I've got a knife on me and explain that I use it as part of my job and that would probably be OK. I'm just not real comfortable with this open situation. What do you guys think?

Having said all of this (sorry for being so long winded), I've done this job for over seven years and I've only had about four or five dangerous altercations which I've been able to talk my out of, so far, or manage to leave and obtain a warrant with LEO back-up. I'm very easy going and try, if at all possible, to work with people. I do know from personal experience though, that there are a lot of unstable, irrational folks out there. People like that can and do "go off", especially if they've got something to hide and I'm trying to find it. The possibility for my self defense concerns does exist, albeit remotely, and I'm just trying to cover myself. My mind is my most useful tool.
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My job is very odd mix of civil law enforcement, occassionally handing over to the criminal folks, technical expertise and investigation (I'm a geologist by education), and public service.

Thanks for listening and I'd appreciate your opinions.

Nobody
 
Here is what I found on NC Law:

North Carolina - Taxation. 105-80. (b) Other Weapons. - Every
person, firm, or corporation who is engaged in the
business of selling or offering for sale bowie knives,
dirks, daggers... or similar weapons shall obtain a
statewide license from the Secretary of Revenue for the
privilege of engaging in business and shall pay a tax of
$200 for the license.
- 14-269. Carrying concealed weapons. (a) It shall be
unlawful for any person, except when on his own premises,
willfully and intentionally to carry concealed about his
person any bowie knife, dirk, dagger... razor... or other
deadly weapon of like kind. This section does not apply to
an ordinary pocket knife carried in a closed position. As
used in this section, "ordinary pocket knife" means a
small knife, designed for carrying in a pocket or purse,
which has its cutting edge and point entirely enclosed by
its handle, and that may not be opened by a throwing,
explosive, or spring action... (b1) It is a defense to
prosecution under this section that: (1) The weapon was
not a firearm; (2) The defendant was engaged in, or on the
way to or from, an activity in which he legitimately used
the weapon...
- 14-269.2... (d) It shall be a misdemeanor for any person to
possess or carry, whether openly or concealed, any...
bowie knife, dirk, dagger... switchblade knife... razors
and razor blades (except solely for personal shaving), and
any sharp-pointed or edged instrument, except
instructional supplies, unaltered nail files and clips and
tools used solely for preparation of food... on
educational property [or to cause, encourage, or aid a
minor to do likewise].
- 14-269.6... it shall be unlawful for any person, including
law enforcement officers... to possess, offer for sale,
hold for sale, sell, give, loan, deliver, transport,
manufacture or go armed with any spring-loaded projectile
knife, ballistic knife, or any weapon of similar
character...

North Carolina Case Law:
- "Carrying concealed weapons in reasonable apprehension of
deadly assaults is not justification of a violation of the
statutory offense, but in aggravation thereof, and may be
considered by the trial judge in imposing the sentence..."
(1916)
- "A person acting in ignorance of the law in good faith and
upon advice of the clerk of the court or of an attorney,
but in violation of this section, is not excused." (1907)
- "Knife about 4-1/2 inches in overall length which, when
folded, was clearly designed for carrying in a pocket or
purse, was an 'ordinary pocketknife' as defined by this
section." (1989)
- "This section making it indictable for one to carry
concealed about his person any pistol, bowie knife, razor
or other deadly weapon of like kind, embraces a butcher's
knife." (1884

Personally I would carry some kind of knife for sure. I usually carry something for "utility" purposes that would double as a defensive knife if need be. It seems though you would be alright carrying a folder. Folders with pocket clips and thumb studs or holes are relatively easy to deploy.

I don't want to advise anyone to break the law but a wise man once told me that it is better to be tried by twelve than carried by six.


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Dennis Bible

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[This message has been edited by shootist16 (edited 01-12-2001).]
 
It seems to me that your agency is requiring you to perform tasks which place you in danger. I would address the matter with them. It seems that they would have several options to look at, other than the way things are now.

They could arrange for LEOs to accompany you on every investigation requiring you to enter private property - not sure if this is practical. Or perhaps you persoanlly could request LEO backup. Maybe the local LE agency would then address the situation with your agency.

Your agency could arrange to have it's investigators declared LEOs and train and arm you all.

Your agency could require that at least two investigators conduct each visit.

You could get a CCW, if your agency allows you to carry weapons, at your option, and with a CCW.

If you need a knife to carry for contingencies on these investigations, I would suggest the largest folder you can legally carry (that will fit in a pocket), that has a clip and a fast opener stud or thumb hole - and then practice quickdrawing it an possibly even get some defensive training with such a knife.

Best I can do. It really does seem to me that your agency needs to address this. If it were me, I would push for authorized weapons or a requirement to have LEOs accompany you.

 
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