North Carolina knife laws
- Thread starter Armenate
- Start date
Sources that "simply explain whats legal and illegal" do not exist, and one that presume too do so are typically bogus or misleading. Laws are complex and take some basic work to understand.
North Carolina's state laws on the carrying of knives are contained in § 14-269, found here:
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.html
The law has no prohibition on open carry, but does prohibit certain knives from concealed carry. These are "any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind"
The sticker is what these terms actually mean in real life. Many times it is left to the police officer to interpret, who will simplify the meaning and rely on the courts to decide the details. In my experience reading case law and court transcripts, as well as talking to police officers and people arrested by them for knife offenses, this has been what I've observed
The law contains an exception for an "ordinary pocket knife," which refers to most folding knives so long as they are not true switchblades, balisongs, or ballistic knives. "Ordinary pocket knives" are legal to carry concealed.
Like any knife laws, there are two matters to remember:
1. This is just the state. Counties and cities can have there own knife laws that are stricter than the state.
2. 99.9% of arrests for carrying a knife illegally occur due to the arrestee's other unrelated illegal or suspicious actions.
North Carolina's state laws on the carrying of knives are contained in § 14-269, found here:
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.html
The law has no prohibition on open carry, but does prohibit certain knives from concealed carry. These are "any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind"
The sticker is what these terms actually mean in real life. Many times it is left to the police officer to interpret, who will simplify the meaning and rely on the courts to decide the details. In my experience reading case law and court transcripts, as well as talking to police officers and people arrested by them for knife offenses, this has been what I've observed
- "bowie" and "dirk" are often applied to all fixed blade knives
- "dagger" refers to all doubled edged fixed blade knives
- "razor" refers to old time folding straight razors, now very uncommon but way back when this law was written, were common street thug weapons. It does not refer to common plastic safety razors or electric trimmers.
- "shurikin" refers to most types of "ninja star" weapons, i.e. throwing weapons with multiple blades/points.
The law contains an exception for an "ordinary pocket knife," which refers to most folding knives so long as they are not true switchblades, balisongs, or ballistic knives. "Ordinary pocket knives" are legal to carry concealed.
Like any knife laws, there are two matters to remember:
1. This is just the state. Counties and cities can have there own knife laws that are stricter than the state.
2. 99.9% of arrests for carrying a knife illegally occur due to the arrestee's other unrelated illegal or suspicious actions.
glistam's reply is pretty accurate, but there are a few more things to consider outside the concealed carry restrictions under 14-269.
You also have open carry prohibitions under 14-269.2 (educational property), 14-269.4 (courthouses & certain state properties), 14-269.6 (illegal to possess projectile or ballistic knives), 14-277.2 (weapons at parades, funerals, etc), and, to a lesser extent, the common law offense of "Going armed to the terror of the public". The common law offense is based on what you're doing with with an "unusual and dangerous weapon" (exhibiting it in a manner to cause people to be in fear), as opposed to what it inherently is (size, etc).
It's true that to you have to consider city/county ordinances as well, but they generally only restrict weapons on city/county owned property or at special events.
All the codified statutes listed above are under Article 35 ( http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_14/Article_35.html ). Some good info on the common law offense, if you are bored/curious, can be found here ( http://nccriminallaw.sog.unc.edu/going-armed-to-the-terror-of-the-people/ ).
As for the the max size of an "ordinary" pocket knife, there is no answer for this in NC as as the statute doesn't give any guidelines, and the court hasn't heard any case yet in which they decided a knife was too big to be "ordinary". In re Dale B., 96 N.C. App. 375, 385 S.E.2d 521 (1989), the NC Court of Appeals ruled that a knife that was 4.5" overall was "ordinary" therefore not unlawful. Unless the state legislature changes the law (unlikely), the only way a maximum size will ever be established is for an officer to charge someone with a knife larger than 4.5", and the case make it to the appellate courts so they can decide if that particular length is an "ordinary pocket knife". That decision will either raise the known "safe zone" or establish an initial ceiling for a "this is too big" zone... Considering this has been the controlling case for 26 years, it's obvious there aren't a lot of LEOs anxious to whip out a rulers & measure knives. There is some ambiguity in what 4.5" language means... When I went through the academy, we were taught that a 4.5" blade was permitted under that caselaw, assuming the folded length was still less than / equal to 4.5".
I have been a LEO in NC for 13 years now, and the only folks I'm aware of ever being charged regarding knives were either found in possession of concealed automatic knives, butterfly knives, or fixed blade knives AFTER they were stopped for some other reason - or - they had a knife (type/size irrelevant) on prohibited property (courthouse, school, etc).
You also have open carry prohibitions under 14-269.2 (educational property), 14-269.4 (courthouses & certain state properties), 14-269.6 (illegal to possess projectile or ballistic knives), 14-277.2 (weapons at parades, funerals, etc), and, to a lesser extent, the common law offense of "Going armed to the terror of the public". The common law offense is based on what you're doing with with an "unusual and dangerous weapon" (exhibiting it in a manner to cause people to be in fear), as opposed to what it inherently is (size, etc).
It's true that to you have to consider city/county ordinances as well, but they generally only restrict weapons on city/county owned property or at special events.
All the codified statutes listed above are under Article 35 ( http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_14/Article_35.html ). Some good info on the common law offense, if you are bored/curious, can be found here ( http://nccriminallaw.sog.unc.edu/going-armed-to-the-terror-of-the-people/ ).
As for the the max size of an "ordinary" pocket knife, there is no answer for this in NC as as the statute doesn't give any guidelines, and the court hasn't heard any case yet in which they decided a knife was too big to be "ordinary". In re Dale B., 96 N.C. App. 375, 385 S.E.2d 521 (1989), the NC Court of Appeals ruled that a knife that was 4.5" overall was "ordinary" therefore not unlawful. Unless the state legislature changes the law (unlikely), the only way a maximum size will ever be established is for an officer to charge someone with a knife larger than 4.5", and the case make it to the appellate courts so they can decide if that particular length is an "ordinary pocket knife". That decision will either raise the known "safe zone" or establish an initial ceiling for a "this is too big" zone... Considering this has been the controlling case for 26 years, it's obvious there aren't a lot of LEOs anxious to whip out a rulers & measure knives. There is some ambiguity in what 4.5" language means... When I went through the academy, we were taught that a 4.5" blade was permitted under that caselaw, assuming the folded length was still less than / equal to 4.5".
I have been a LEO in NC for 13 years now, and the only folks I'm aware of ever being charged regarding knives were either found in possession of concealed automatic knives, butterfly knives, or fixed blade knives AFTER they were stopped for some other reason - or - they had a knife (type/size irrelevant) on prohibited property (courthouse, school, etc).
- Joined
- Oct 13, 2010
- Messages
- 608
Depending on the police officer you encounter, some NC LEO will interpret NCGS to say that switchblades (automatics) are illegal whereas others say that the law prohibits knives that actually launch (i.e. detach from the handle) with the push of a button (ballistic knives).
Depending on the police officer you encounter, an openly carried knife on your right hip is a "concealed weapon" if the police officer is standing to your left when speaking to you (like during a traffic stop).
Depending on the police officer you encounter, a knife sharpened (regardless of how "sharp" the top actually is) on both the top and the bottom of the blade is a "dagger" and is illegal.
Depending on the police officer you encounter, an openly carried knife on your right hip is a "concealed weapon" if the police officer is standing to your left when speaking to you (like during a traffic stop).
Depending on the police officer you encounter, a knife sharpened (regardless of how "sharp" the top actually is) on both the top and the bottom of the blade is a "dagger" and is illegal.
- Joined
- Dec 11, 2013
- Messages
- 1,257
Having lived in nc for most of 54 years and knowing Le very well, it has always been the 4.5/7.5 rule. anything over 7.5 total becomes the property of the officer. With respect to all LE posting here, I will say most secondary knives sold at flea markets etc came from LE making a $$. And given the right/wrong enviroment, say a pig pickin or night club I have gifted along with everyone everyknife, even nail clippers to that fund. I know LE who have many knives and even guns just taken. On the other hand, it is easy to see someone walking in Walmart or any where with a large fixed blade. Very large. I carry a fully auto EDC and have shown different one to LE when stopped, never had mine taken. But just go to any NC court House and see the cases of knives they have taken. I do know that convicted felons can not carry at all. Certain parts, most of NC, men on high average have an EDC, i would guess well over 70%. NC is certainly a Slipjoint, traditional state, where lower end knives are in high demand. Seldon will you see someone carry a high quality knife, and it is less likely to find a quality show or event. I have gifted many LE knives and Leatherman and Sogs will make them very happy.
14-269.2 Clearly makes the concealed carry of automatics illegal. There is no general prohibition on the open carry of an automatic.
14-269.6 Is an overall prohibition on the possession of any knife that launches - they are illegal for anyone to possess, including LEOs.
This is no different than with handguns. If the officer can't see it, it can be legally considered as concealed.
Are you talking about a folding knife with a double edged blade? If so, I've never seen/heard that before. A fixed blade, carried concealed, is prohibited under 14-269 regardless of single or double edged.
Last edited:
I've never heard / read any caselaw reference to anything about 7.5"... What source was cited? To me, that sounds like something somebody just pulled out of the air.
As far as becoming "property of the officer" and your statement about flea markets,etc... those are some substantial allegations. Did you report this? If not, why? If true, it's both highly unethical & illegal and the officer(s) should be fired/charged.
That is an inaccurate overgeneralization.
Officers in NC have discretion not to charge any offense, with the exception of the violation a domestic violence restraining order... Just because an officer exercises discretion not to charge someone for a particular incident does not, however, change the law or set any legal precedent.
Officers in NC, or anywhere else, obviously can't charge for something that isn't illegal....
Actually they can, and they do. Regularly.
You can be charged with whatever crime they can think up, under whatever justification they wish to cite. If they say your penknife is a prohibited gravity knife, they can charge you regardless of the facts. Whether or not the charges stick once the case makes its way to the courts is another story entirely.
That's simply untrue. Officers are chosen from the general populous, given training, granted authority, and returned back into the real world. At no point during the academy are there any secret rituals conducted or magic pills dispensed that render them infallible. LEOs, like everyone else, make mistakes. The situation is further exacerbated by the fact that we work in an imperfect world, with imperfect courts, imperfect citizens, and are charged with enforcing imperfect & often vague statutes. Disagreements are inevitable - officers with other officers, courts with the officers, courts with other courts, etc. All that is obvious & an unfortunate fact of life.
What I disagree with is the manner in which you are attempting to portray LEOs as cavalier. In-fact, most officers are so aware/afraid of civil liability implications that they generally let "gray" law cases go, rather than risking their career & the future of their family for making an arrest. I teach a civil liability for LEOs course - and I can attest with absolute certainty that getting sued is a much more prominent concern among LEOs than getting shot/stabbed/etc. LEOs, more so than most other professions, have significant repercussions if/when they make a mistake. The system realizes the aforementioned imperfections, and therefore affords officers some shelter for our lack of clairvoyance/omnipotence in the form of qualified immunity. If the officer was wrong and the court believes he was caviler (aka unreasonable), then the officer generally finds himself unemployed and facing a significant judgement against him.... If we make a bad call, the person we wrong can literally end up driving our car & living in our house.
Hopefully you can see that whether or not someone is convicted of a charge, from the perspective of the LEO, is much less significant than whether the officer was found to have acted unreasonable. In the former, the criminal case is lost - it happens, no big deal. In the later, the life of the officer & his entire family is put in jeopardy.
Ask yourself - If the consequences for making a wrong call were well-known, and likely devastating for your entire family, would you be cavalier or would you do your best to be vigilant? When faced with making a call about a "gray area" in the law, would you gamble your career & family's future for an arrest that means nothing to you personally, or would you err on the side of caution? If you step back & look at the world from this perspective, you'll have some idea what it's like to stand in our shoes.
Last edited:
LPD_2603 you have been more than reasonable on this thread and I really want to express my gratitude to any LEO that posts on this forum, especially one that comments on very jurisdiction he or she works.
For your information, the defendant in Sorrell v McGuigan didn't have to spend a dime to clear his name. The judge simply threw the case out immediately because it was without merit, and suing the cop in federal court was pro-bono. There were civil attorneys salivating at the prospect of going after a cop who didn't know the law of his own jurisdiction. It's a slam dunk compared to "use of force" cases you see in the news. I think when a cop gets his qualified immunity striped in federal court and loses a suit twice and then is fired, it sends a pretty darn clear message to all the cops in the state to make sure they have firm grasp of the law.
Frankly I don't know where you get all this cop-hate, Charlie. The only people I know that talk like this are all convicted felons.
For your information, the defendant in Sorrell v McGuigan didn't have to spend a dime to clear his name. The judge simply threw the case out immediately because it was without merit, and suing the cop in federal court was pro-bono. There were civil attorneys salivating at the prospect of going after a cop who didn't know the law of his own jurisdiction. It's a slam dunk compared to "use of force" cases you see in the news. I think when a cop gets his qualified immunity striped in federal court and loses a suit twice and then is fired, it sends a pretty darn clear message to all the cops in the state to make sure they have firm grasp of the law.
Frankly I don't know where you get all this cop-hate, Charlie. The only people I know that talk like this are all convicted felons.
Youtube. Lots of videos of people being arrested for videotaping the police, despite the supreme court spelling out that it's constitutionally protected, and destroying camera/deleting footage in the process.
New York City. Stop and frisk programs that set quotas for shaking down minorities, and ambiguous knife laws used to victimize thousands of people per year.
Florida. Stop and frisk on steroids, where people have been dragged out of their place of employment, during business hours, and charged with trespassing; some of them dozens of times.
Put in simple terms, I don't like overbearing, I can't stand bullies, and I utterly hate ambiguity.
Last edited:
- Joined
- Dec 11, 2013
- Messages
- 1,257
Man, you are either a plant playing funny or you are twisted beyond belief. LEO EVERYWHERE are full of crooks. I have seen it, have benefited from it, have been gifted items, have been harassed for things, and I am no felon or a bad person. Stealing, cheating are like job benefits. But thanks for the laugh, you are too funny. No really you are. I am glad I got to be entertained by this whole thing. Cops get caught all the time. I site Cherryville NC scam just last year. Now Mr. LEO please go steal something, harass a woman, take and us drugs off kids, and bully someone, it's not working here. Mr. Copper. And please stop leaving your condoms behind the schools, its nasty and just wrong to handle women like that. And yes this is serious, and sick, sadly TRUE..
Back onto something that's more knife-related...
This quote of facts pretty much proves what I was saying. What is and isn't illegal is completely up to the discretion of any officer encountered at any given moment, the law itself be damned. Sorell never should've been arrested, because the law specified that his knife was no weapon. The cop on duty didn't care, and arrested him regardless, even though another cop might not have done such, because of taking his job more seriously. The only reason he wasn't wrung through the criminal justice system, is because the judge in the case had more brains than the cop and dismissed the charges, because he actually knew what the law said. Had it been a different judge, Sorell could've faced a significantly expensive jury trial to clear his name.
So pretty much when it comes to knives, or anything else, you don't have any legal codified protection. What you have is discretionary protection, based on the individual discretion -and knowledge- of the people who make up the branches of the justice system. And even if you do come out ahead, it's only because you shelled out tens of thousands of dollars to do it; with zero guarantee that two weeks -or even two days- later, you won't have to do it all over again.
So what are the knife laws in the state of North Carolina? Whatever they say they are, based on their own individual interpretation.
This quote of facts pretty much proves what I was saying. What is and isn't illegal is completely up to the discretion of any officer encountered at any given moment, the law itself be damned. Sorell never should've been arrested, because the law specified that his knife was no weapon. The cop on duty didn't care, and arrested him regardless, even though another cop might not have done such, because of taking his job more seriously. The only reason he wasn't wrung through the criminal justice system, is because the judge in the case had more brains than the cop and dismissed the charges, because he actually knew what the law said. Had it been a different judge, Sorell could've faced a significantly expensive jury trial to clear his name.
So pretty much when it comes to knives, or anything else, you don't have any legal codified protection. What you have is discretionary protection, based on the individual discretion -and knowledge- of the people who make up the branches of the justice system. And even if you do come out ahead, it's only because you shelled out tens of thousands of dollars to do it; with zero guarantee that two weeks -or even two days- later, you won't have to do it all over again.
So what are the knife laws in the state of North Carolina? Whatever they say they are, based on their own individual interpretation.
- Joined
- Feb 27, 2011
- Messages
- 1,020
Ive seen plenty of guys walking around with a folder or multitool on the belt, and yes fixed blades too. Lol I once saw a guy in Petco with a Bear Grylls gerber fixed blade on his belt. No one so much as looked, no one really cared. I only noticed bc i know knives so well. Its not so much the knife that will bother people, its the persons trappings..i.e. how he/she is dressed, how they carry themselves, and wether or not they seem or act threatening.
Largest I have seen would be the Bear Grylls, and the other was a custom made, both of which had blades no longer than 6in. The custom was a handmade in a brown leather sheath, bone handle, and he was walking down main street and there was atleast 5 LEO's present at the time (small town shindig). The guy was well dressed, clean cut, friendly, he was a musician (Chatted with him for a minute, was curious about the knife) Idk if they didnt notice, didnt care, or what..but nobody said a word.
Also dont take talk on a forum to be law advise, or allow it to comfort you into doing something you Dont feel comfortable doing. Your best bet would be to consult the local sherrif and policr departments, it never hurts to just ask.
I will add that the only times it has bothered me was when the wearer seemed agitated, nervous, or worst of all..really peeved off. Thats the ONLY time it has bothered me. I can defend myself like a hellcat after a sugar binge, but I know very well im far from gouge proof.
My best advice..if it feels uncomfortable, then dont carry anything.
Last edited:
- Joined
- Apr 3, 2013
- Messages
- 44
If you have a mobile device go download Knife Rights LegalBlade App. It told me more in 5 seconds about what is legal and what is not than I have gotten in 7 Years of reading, discussing with knife owner, Senators, Reps and LEOs here in VA. At least you have some evidence that you can show a LEO and a judge that you attempted to comply with the law.