Small (less than 3") Fixed Blade Carry in Durham, NC?

G

Gerry.Agnosia

Joined
May 1, 2008
Messages
3
Hello all,

I'm wondering if anyone who is a little more adept at deciphering "legal-speak" than me could tell me if carrying a 2.75" fixed blade knife either open or concealed would be legal in Durham, NC?

EDIT: I apologize, I should probably be more specific about why I ask this question. I have done knife law searches online and arrived to an easy-to-understand interpretation of them at this site.

Reading it, I have found the follow information tagged along to North Carolina's field:

14-269; * 4.5" handle length, carried closed, is legal (therefore the blade length is probably around 3.5"): Dale B. (juv) 96 N.C. App. 375. There is very little other caselaw, and like in most places, the statute may not be routinely enforced.

So, I am able to see that even though previous rulings may lean against knife rights, that there may be little chance of the statutes being enforced. I realize I am potentially stepping into shaky-legal-territory, but my question is: If I did not brandish the blade and only used it for strictly utility purposes, could I still carry it on my person or in a bag? If done, would open carry be best? Thank you.
 
Last edited:
NC police departments have told me that any concealed fixed blade knife is illegal. I had a Fallkniven Idun on my belt on the way to go hunting one morning. I stopped at the local curb market and noticed a cop eyeing my knife form across the room. He was discussing something with another uniformed cop. Out side he asked me if I was going hunting (I had on camos, DUH). I told him yes and asked if there was a problem. He told me that my sweatshirt was covering the top half of my knife and they had been discussing if my "fixed blade knife" was concealed or not.
At that point I got a little miffed and asked him how he knew I had a knife. He told me he had seen the bottom of the sheath. I contended that ment it was not concealed. He said the "knife" WAS concealed and by law was illegal. However, since I had a legitimate reason to be packing it he was gonna let me go with a warning.
Needless to say I started doing research.

14-269 (excerpts). 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...

I am hoping this law will fall under challange soon.
 
riddleofsteel said:
NC police departments have told me that any concealed fixed blade knife is illegal. I had a Fallkniven Idun on my belt on the way to go hunting one morning. I stopped at the local curb market and noticed a cop eyeing my knife form across the room. He was discussing something with another uniformed cop. Out side he asked me if I was going hunting (I had on camos, DUH). I told him yes and asked if there was a problem. He told me that my sweatshirt was covering the top half of my knife and they had been discussing if my "fixed blade knife" was concealed or not.
At that point I got a little miffed and asked him how he knew I had a knife. He told me he had seen the bottom of the sheath. I contended that ment it was not concealed. He said the "knife" WAS concealed and by law was illegal. However, since I had a legitimate reason to be packing it he was gonna let me go with a warning.
Needless to say I started doing research.

14-269 (excerpts). 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...

I am hoping this law will fall under challange soon.
Click to expand...
Last Sunday, I went fishing in a nearby town. I stopped in to pick up the Sunday newspaper and a cup of coffee at a general store, near the pond. A uniformed officer was standing behind me, pouring his coffee. He asked where I was going fishing (the town has several ponds). I told him which one and he said that the trout action was good there. In fact, he planned to go fishing himself as soon as he got off duty. Now, I had a 7" Rapala fillet knife in plain view on my belt and I live in a very weapons-unfriendly state (Massachusetts). I am sure that he noticed the knife but he didn't say a word about it. Maybe the officer that gave you a hard time was just being a jerk or was having a bad day. I heard that NC is much more weapons-friendly than Massachusetts.
 
I'm in NC and have ASSUMED that as long as any part of the knife was visible, then it could not be classified as concealed. There is also the exemption RiddleofSteel points out above.

In riddle's example, it would be interesting to see what might have happened if he was not "engaged in, or on the
way to or from, an activity in which he legitimately used
the weapon".

I think it is one of those things that just hasn't been tested, and the vagueness of the law as written does leave you at the mercy of an officer having a bad day. I think it is rarely enforced short of you carrying and commiting another crime.

There was just a knife carry victory in SC, maybe it's time to get the law looked at in NC.
 
You must log in or register to reply here.
Back
Top