Question on GA knife laws and Carry License

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A for Anonymous

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Mar 11, 2014
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Hello, I am new here and trying to learn about the relevant knife laws and understand my best options for carrying legally. I'll start off by saying that I have a spotless record (other than a few speeding tickets anyway :D) and I already have a GA Weapons Carry License. I sometimes carry smaller caliber pistols and am considering best options for an additional "backup" / "melee" weapon. I like to promote weapons for self-defense and towards that end I try to make intelligent weapons decisions and obey the laws to the best of my ability. But I'm not an expert and I'm definitely not a lawyer, so any help understanding would be much appreciated.

From carrying firearms, I already know that public places (e.g. schools / government buildings /etc) and drinking establishments are off limits. I also realize that carrying in certain cities / etc may have different laws.

So I was wondering if anyone can answer or point me towards resources for any of the following...

1. If you have a carry permit, are you allowed to conceal knives or just carry? (assume that the knife meets all other legal criteria)
2. If you ever ended up taking a ride or searched etc, and one or more of the weapons that you thought was legal turned out to be in violation would this be considered as a felony, or a misdemeanor?
2a. Is it dependent on other criteria (e.g. first offense, etc)? Assume no malicious intent, such as cops overreacting to open carry or in the after math of defending one's self from a crime.
2b. If you are carrying multiple weapons, and more than one was found to be in violation how would this change, if at all? (e.g. would you be charged once for carrying or charged for multiple counts / 1 count per violation etc)
3. Assuming that the blade is less than 3" (or 2" in Atlanta), would it be legal to carry throwing knives for self-defense?

I was looking at the "Belt Sword" and "RazorBaton" products on this site (razorrazor.com) (vides #1 and #4, respectively) and was wondering if either of these would be legal... Any thoughts? I'm assuming the "Belt Sword" is probably illegal because even if considered as a knife, then the blade is still quite a bit longer than 3".

4. The baton does not have a point or a sharpened edge, but it is not hollow/circular like traditional batons. Any thoughts here?
5. If I ever get sick of GA, are there any other states where I could legally carry pistols AND any (or all) or the above? ;)
 
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My fav kind of question. No I'm not a lawyer (hey, I have to say that) buuuuut the rest of my family is and I have been researching weapon carry laws (including court cases) in all 50 states for about 10 years now. In any event I've got legally referenced sources for all of this.

A very important law went into effect in GA in 2012, called SB 432 (http://www.legis.ga.gov/legislation/en-US/display/20112012/SB/432). This new law enacted what is called preemption, meaning that only the state is allowed to make weapon carry laws, and all currently laws in counties and cities regarding knife carry are now invalid. So for example your concerns about Atlanta are not necessary; those extra restrictive laws for the city are now considered repealed. This law was enacted under § 16-11-136 of GA state law. I cannot make direct links but all state laws can be viewed for free here: http://www.lexisnexis.com/hottopics/gacode/

Now to the actual laws on knives you must follow. According to § 16-11-125.1., knives with blades under 5 inches in length do not count as weapons under state law, and they are legal to carry in any manner you wish, concealed or openly. There are no special designations for fixed blades, folders, switchblades etc. Under 5" = legal except in court houses and government buildings. If the blade is over 5", then you need a weapon carry permit, which you have, so you can pretty much carry any darn knife you want. The law doesn't require anything else of you if you have a permit, other than, you know, don't assault or murder people.

For your specific questions:
1) Carry however you want if the knife is under 5" or you have a permit. The law does not even use the word "concealed" anywhere.
2) First offense is a misdemeanor, second offense within 5 years of the first conviction is a felony.
2a) See above. No part of the law per se uses intent as a measure, but if you genuinely are in violation of the law (over 5" knife or handgun with no permit) the judge can reduce the sentence based on circumstances. Repeat offenders (which is a felony) get a minimum of 2 years and max of 5 years. The weapon used has little bearing on the legality of self-defense, which is tried separately.
2b) You can be charged with individual weapons or one charge. It's up to the prosecutor.
3) No part of the law makes any distinction on knife type. Under 5" or permit, that is all. As illustrated above, your mention of 3" or 2" for Atlanta are no longer true.
4) The state states in § 16-11-125.1 that
"Weapon" means a knife or handgun.
Click to expand...
meaning batons and other blunt-force implements are not weapons under the law. Score! With the law out of the way, I have some opinions on batons in self-defense, but I will put that at the bottom*
5) All in all, I hope I have shown you that Georgia is actually a pretty darn sweet place to live for knife carry. Only place I can think of that might be better is Arizona, and that's debatable. You can carry almost anything you want that you can legally own in AZ with no permit, including handguns, but you have to be over 21.

*NOTE on practicality. I personally prefer the baton to the knife for self-defense. Knives have their place but it's a very narrow circumstance. If you are armed with a gun, then a knife's only use is during a sudden attack at grappling range wherein the attacker is a lethal threat (i.e. choking you, pinning you down) or is trying to get a hold of your gun. A knife is deadly force, a role already filled by your gun, and while you can use one as a "get off me" tactic, in can still kill that way by accidentally severing a major artery. If you use deadly force on a non-deadly threat, bad news for you legally. The baton is considered "less-lethal" and can be used in situations where lethal force is not warranted. While a baton can kill too, with even a moderate amount of training this is generally unlikely. When one does not have a gun (like myself since I live in commie-ville Maryland) the knife tends to be more useful as a weapon since it's the only deadly force I can carry.
 
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