What is considered open carry?

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SBaker34

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Jun 16, 2010
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Here in my state of Kentucky it is legal to carry an automatic knife if it is open carry does this mean I would have to walk into the store with the knife in hand? or would I likely get away with having it clipped to my pocket?
 
walk into the store with the knife in hand
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This would not be wise, as that act would likely constitute "brandishing".

Ordinary pocket knives and hunting knives are not concealed deadly weapons in KY for purposed of the concealed carry statute.

Do you have a basis for believing that an auto is not an ordinary pocket knife? If the auto knife is "an pocket knife", you may conceal it without a license.

In my view, if the knife were clipped in the pocket with a portion of the knife visible, it would not be concealed. The courts seem to share that view, stating:

"In Delk v. Commonwealth, Ky. 344 S.W.2d 832 (1961), the court held that '[t]he concealment must be such as to prevent persons from seeing the weapon whose vision is not obscured by the carrier’s person or by anything other than the covering used to conceal it.' Id. at 833. In Prince v.Commonwealth, Ky. 277 S.W.2d 470 (1955), the court stated that a weapon is concealed when it is placed in a manner that it cannot readily be seen under ordinary observation. Id. at 472."

Your best bet would be to get a concealed deadly weapons license. But short of that, a knife clipped inside a pocket with a portion of the knife in plain view would not be "concealed".

This is just my opinion, and its how I would ride if I did not have a concealed carry license.

Irrespective of all of this, a peace office may give you a hard time even if you are obeying the law. But the alternative is to go through life as a scaredy cat, and thats even worse.

This is not legal advice. :)
 
powernoodle said:
This would not be wise, as that act would likely constitute "brandishing".

Ordinary pocket knives and hunting knives are not concealed deadly weapons in KY for purposed of the concealed carry statute.

Do you have a basis for believing that an auto is not an ordinary pocket knife? If the auto knife is "an pocket knife", you may conceal it without a license.

In my view, if the knife were clipped in the pocket with a portion of the knife visible, it would not be concealed. The courts seem to share that view, stating:

"In Delk v. Commonwealth, Ky. 344 S.W.2d 832 (1961), the court held that '[t]he concealment must be such as to prevent persons from seeing the weapon whose vision is not obscured by the carrier’s person or by anything other than the covering used to conceal it.' Id. at 833. In Prince v.Commonwealth, Ky. 277 S.W.2d 470 (1955), the court stated that a weapon is concealed when it is placed in a manner that it cannot readily be seen under ordinary observation. Id. at 472."

Your best bet would be to get a concealed deadly weapons license. But short of that, a knife clipped inside a pocket with a portion of the knife in plain view would not be "concealed".

This is just my opinion, and its how I would ride if I did not have a concealed carry license.

Irrespective of all of this, a peace office may give you a hard time even if you are obeying the law. But the alternative is to go through life as a scaredy cat, and thats even worse.

This is not legal advice. :)
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Do all states that offer concealed weapons permits offer ones for knives as well as firearms? I've never really wanted to open carry anything because I feel like it paints a target on my back.
 
KennyB said:
Do all states that offer concealed weapons permits offer ones for knives as well as firearms? I've never really wanted to open carry anything because I feel like it paints a target on my back.
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I am not aware of ANY state that offers concealed licenses that only cover knifes. In MOST states, concealed carry permits that govern firearms also apply to concealing a knife.

It varies greatly from state to state but many states allow for the legal carry of "pocket knifes" without license up to a given length.

In order to carry with confidence, you need to know both the state AND local ordinances that cover knifes.

The following is a good summary of state laws: http://www.donath.org/Rants/StateKnifeLaws/

And here are the actual state statutes and criminal codes: http://pweb.netcom.com/~brlevine/sta-law.htm
 
KennyB said:
Do all states that offer concealed weapons permits offer ones for knives as well as firearms?
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Like Brother Swamp noted, each state is different. Like you, I prefer not to carry a deadly weapon openly - though it is legal. I like to fly below the radar. :)

It is worth noting also that common sense does not always enter into the equation, either with respect to the creation of statutory law or its enforcement. So it can be dangerous to assume that common sense would dictate a certain outcome.

:thumbup:
 
after reading the "case law" as stated above , i have seen cases like this go side ways..is a belt pouch considered open carry?.........
 
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