SC carry question

[Lupinus]

I live in SC and recently began carrying a fixed blade kershaw echo- http://www.kershawknives.com/knivesTools/echoC.htm to be exact so you can see it's specs.

I carry it mostly because I prefer fixed blade knives and the larger blade can do jobs my much smaller pocket knife can't or at the very least can do them easier. I'm also not old enough for a concealed handgun license (20 years old) so defense reasons also comes into play.

So my main question is, is this knife legal to carry? I have tried looking on the web and can't seem to find a strait answer in the legal codes....which with legal codes really doesn't surprise me. Copy of the relevant codes-

South Carolina - 16-23-460. Carrying concealed weapons; forfeiture of weapons.
Any person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, must forfeit to the county, or, if convicted in a municipal court, to the municipality the concealed weapon, and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days. Nothing herein contained may be construed to apply to (1) persons carrying concealed weapons upon their own premises or pursuant to and in compliance with Article 4 of Chapter 31 of Title 23, or (2) peace officers in the actual discharge of their duties. The provisions of this section do not apply to rifles, shotguns, dirks, slingshots, metal knuckles, or razors unless they are used with the intent to commit a crime or in furtherance of a crime.


- 16-23-430. Carrying weapons on school property.
(1) It shall be unlawful for any person, except State, county or municipal law-enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms or any other type of weapon, device or object which may be used to inflict bodily injury or death.
(2) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest.


- 16-23-405. Definition of "weapon"; confiscation and disposition of weapons used in commission or in furtherance of crime.
(1) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, 'weapon' means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a knife with a blade over two inches long, a blackjack, a metal pipe or pole, or any other type of device or object which may be used to inflict bodily injury or death.
(2) A person convicted of a crime, in addition to a penalty, shall have a weapon used in the commission or in furtherance of the crime confiscated.


16-23-490. Additional punishment for possession of firearm or knife during commission of, or attempt to commit, violent crime.
(A) If a person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of a violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned five years, in addition to the punishment provided for the principal crime. This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.
(D) As used in this section... "knife" means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.

So since it has over a 2 inch blade is it considered a weapon and therefor considered illegal to carry around? If it is the better part of knives sitting in pockets I have seen are being carried illegally. Is it only considered illegal if I carry it and plan to commit a crime with it?

It sits in the typical position on my right hip and is partially to mostly covered depending on length of the shirt I am wearing but I don't go out of my way to conceal it or anything like that. But even so it is at least partially concealed by my shirt and that is the part that sort of worries me.

Any help is going to be more then appreciated

 

[Merek]

Sounds to me as if they have things pretty well wrapped up. I wouldn't carry it unless it is absolutely necessary to your work and you are in transit to or from.

"Is it only considered illegal if I carry it and plan to commit a crime with it?"

No one but you knows knows what you intend...Do you want the law to have to guess?.....and as intent is touched on in the first paragraph, and being armed with a knife for self-defense IS intent to inflict bodily injury, you lose some traction with the 'I carry it as a tool.' arguement.

 

[Lupinus]

I'm thinking of perhaps calling the police station to ask.

I know police aren't exactly the best people to get advice from in such matters but A- I don't have the money for a lawyer to answer such questions and B- It will at least give me an idea on the local cops mentality towards a person carrying a knife, they seem pretty decent around here overall but even if a lawyer looks through the codes and interprets them into English that it would be legal that doesn't always mean a cop will think it is and not harass me for having it, legal or not it might land me in court if I happen to run into a cop and they want to be a prick....I dislike court.

 

[wannabemarine]

im in a similiar situation, you should never bring a knife to school thats just comman sense. im a minor so as a rule i only carry a fixed blade when im camping at home. its unlikely an officer would take a knife away form you unless you were doing something else illigal or bieng very open with your knife (flashing it around ext). the only experience i had with a knife and the police was this, a cop was asking my friend if he was old enough to smoke (he is very short, but 22) and somehow noticed my recon one clipped to my pocket, he asked to see it, said something to the effect of "nice" and left.

 

[Lupinus]

got an answer back from the local DA's office from one of the assistant DA's-

The laws on that kind of thing can get pretty confusing. I am pretty sure you are fine to carry the knife you describe, but I’m going to look over the relevant laws and give you a more certain answer in the next couple weeks, just in case you run across an officer who might be considered a little too zealous or we get more questions along those lines, that kind of thing. Thank you for trying to follow the law, and for being a concerned citizen in general.
(his name edited out)

Just in case anyone was wondering what the guys who actually decide to do anything about it had to say