NC knife size?

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Nov 24, 2010
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I live in NC, and I've been carrying my Kershaw Skyline as my EDC, but I think I'm going to up the size and weight to a Cold Steel Spartan. Could I carry my Skyline as well? Also, what exactly is a "Throwing action?" Is that like a butterfly knife, and are butterfly knives legal?
 
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NC doesn't have a length set down in statute. It just says that "ordinary pocket knives" are legal. They are defined as "a small knife, designed for carrying in a pocket or purse, that has its cutting edge and point entirely enclosed by its handle, and that may not be opened by a throwing, explosive, or spring action"
http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-269.html

Case law indicates that knives with blades as large as 4.5 inches have be ruled as legal in the courts of NC.
 
Usually you want to put follow-ups in your second post instead of editing the old one.

The Spartan is pushing it, but should be within legal limits based on prior case law. Is the Skyline an assisted opener? Or just has a flipper? Based on the language of the statute, I think AOs can't be carried concealed (due to being "opened by spring action"), but would be legal openly carried. Balisongs I think would also not be legal to carry concealed, but open carry should be ok.
 
NC doesn't have a length set down in statute. It just says that "ordinary pocket knives" are legal. They are defined as "a small knife, designed for carrying in a pocket or purse, that has its cutting edge and point entirely enclosed by its handle, and that may not be opened by a throwing, explosive, or spring action"
http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-269.html

Case law indicates that knives with blades as large as 4.5 inches have be ruled as legal in the courts of NC.

Actually, the case law is a bit more vague than that. The case law cited in kniferights.com and elsewhere says:
"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 Dale B. (juv) 96 N.C. App. 375)
"

Not clear what "overall length" means. It doesn't specify whether that's the length of the open knife from tip to base of handle, the length of the knife closed, or the length of the blade, or the length of the cutting edge. Some people have interpreted the 4.5" as closed length or handle length. If "overall" means length of the whole knife, open, then that leaves you with maybe 2" of blade to be legal.

That's case law. The actual statute doesn't specify a length, just that the handle enclose the blade and the knife must be "small."

Check out this reference site to see what I mean: scroll down to NC and you'll see the case law quoted as referring to handle length.
http://thefiringline.com/library/blades/knifelaws.html


This poster on defensive carry claims to have consulted the state AG's office, and been told "overall length" = length when open:
http://www.defensivecarry.com/forum...74-no-concealed-knife-permit.html#post1668500


You also have to worry about county and municipal codes, which can be pretty mickey mouse. For instance, High Point has a city ordinance that says you can't have a pocket knife with a blade longer than three inches within 500 feet of a parade. Some city ordinances can be more restrictive than state law.

Check out municode for county and city laws - use the "free mobile version."
http://www.municode.com/library/

And, like a lot of laws, knife laws in NC are enforced very differently depending on whether the police officers like you or not. If they think you're OK, then you may get a pass, whereas if you've had legal trouble in the past, or they don't like your looks, or you're in a less knife friendly area, then they may be more likely to decide your knife is a concealed weapon. If they are charging you with some other crime, and you happen to have a pocket knife, they very well might use that fact to stack another charge on you. Vague statutes allow for inconsistent enforcement and interpretation.

Sorry this isn't helpful.
 
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