Does open carry of a KA-BAR require conceal carry license?

dSAK · Jul 15, 2013

Hiyas,

My question is from my reading on the conceal carry license and the like, the only knife one can have in a pocket without a CC license is one without any assist open mechanism which the tip of the blade is fully contained withing the handle when collapsed. Bowie knifes such as a KA-BAR require a CC license to conceal, but nothing I have read on open carry states anything about knives.

So the question is, can one open carry a KA-BAR on a hip holster without the requirement of a conceal carry license?

Thanks,
-dSAK

WalkingWolf · Jul 15, 2013

Concealed handgun permit only covers concealed carry of a handgun. Open carry of a knife is legal in NC without a permit. Open carry of a handgun is legal in NC without a permit.

dSAK · Jul 15, 2013

Thanks for the reply, it answered my question. I reread the statues on concealed carry of a weapons such as a bowie knfe, dirk, stungun, etc, and realized I made the misinformed conclusion about a permit allowing concealed carry of such a weapon.

-dSAK

WalkingWolf · Jul 15, 2013

dSAK said:
Thanks for the reply, it answered my question. I reread the statues on concealed carry of a weapons such as a bowie knfe, dirk, stungun, etc, and realized I made the misinformed conclusion about a permit allowing concealed carry of such a weapon.

-dSAK

It is good you asked, if you had carried a weapon in the list concealed you could be arrested with a CHP on your person. But you can carry a pocket knife concealed, as long as it is not a fixed blade, and it is a pocket knife(blade less than 3.5 inches).

X-JaVeN-X · Jul 15, 2013

WalkingWolf said:
It is good you asked, if you had carried a weapon in the list concealed you could be arrested with a CHP on your person. But you can carry a pocket knife concealed, as long as it is not a fixed blade, and it is a pocket knife(blade less than 3.5 inches).

Where is the statute for pocket knives? I've always been given the impression that the length requirement for pocket knives was kinda vague. I know a whole lot of folks (especially hunters) that carry around pocket knives on a daily basis with blades longer than 3.5". I've seen them whipped out with law enforcement around to do random jobs such as opening a box or whatever. I can't count how many times I've been in a room and somebody yelled "Anybody got a pocket knife on them?" because they needed to open or cut something.

Is it just not an enforced law or what?

WalkingWolf · Jul 15, 2013

X-JaVeN-X said:
Where is the statute for pocket knives? I've always been given the impression that the length requirement for pocket knives was kinda vague. I know a whole lot of folks (especially hunters) that carry around pocket knives on a daily basis with blades longer than 3.5". I've seen them whipped out with law enforcement around to do random jobs such as opening a box or whatever. I can't count how many times I've been in a room and somebody yelled "Anybody got a pocket knife on them?" because they needed to open or cut something.

Is it just not an enforced law or what?

It is not a statute but a court decision. I'll look, but hopefully somebody here remembers the ruling. I carry larger folders then 3.5" but I wear them on my belt. I keep a tiny pen knife in my pocket.

chiefjason · Jul 16, 2013

IIRC the court ruling is actually smaller than 3.5". The 3.5" standard has just been adopted by some cities. And I don't believe there is any ruling or statute on assisted openers, just auto blades. Assisted opening requires you to manipulate the blade. Automatic knives just require you to push a button.

I decided to just go with a Spyderco Delica 4 with the wave. No assist, but still faster opening than about anything out there.

WalkingWolf · Jul 16, 2013

OP you should also read Black V US, and Terry V Ohio.

Unless there is RAS to a crime and you keep your knife in your pocket, or purse, you are protected by the fourth amendment from unlawful search and seizure. You are unlikely to be charged with concealed weapon if you are not committing a crime or giving RAS to a crime. Also keep in mind that the laws in other states vary widely concerning knives if you venture outside of NC.

Considering NC CW law is vague on pocket knife size, the judge may be influenced by appearance. You may not be able to convince the judge a folding klingon battle knife is a pocket knife.

X-JaVeN-X · Jul 16, 2013

WalkingWolf said:
OP you should also read Black V US, and Terry V Ohio.

Unless there is RAS to a crime and you keep your knife in your pocket, or purse, you are protected by the fourth amendment from unlawful search and seizure. You are unlikely to be charged with concealed weapon if you are not committing a crime or giving RAS to a crime. Also keep in mind that the laws in other states vary widely concerning knives if you venture outside of NC.

Considering NC CW law is vague on pocket knife size, the judge may be influenced by appearance. You may not be able to convince the judge a folding klingon battle knife is a pocket knife.

I want a folding klingon battle knife now....

dSAK · Jul 16, 2013

This is the only thing I found that specified what constitutes an "ordinary pocket knife" and it does not have any reference to the length of the blade.

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.html

(d) 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, that has its cutting edge and point entirely enclosed by its handle, and that may not be opened by a throwing, explosive, or spring action. (Code, s. 1005; Rev., s. 3708; 1917, c. 76; 1919, c. 197, s. 8; C.S., s. 4410; 1923, c. 57; Ex. Sess. 1924, c. 30; 1929, cc. 51, 224; 1947, c. 459; 1949, c. 1217; 1959, c. 1073, s. 1; 1965, c. 954, s. 1; 1969, c. 1224, s. 7; 1977, c. 616; 1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 86; 1985, c. 432, ss. 1‑3; 1993, c. 539, s. 163; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 398, s. 2; 1997‑238, s. 1; 2003‑199, s. 2; 2005‑232, ss. 4, 5; 2005‑337, s. 1; 2006‑259, s. 5(a); 2009‑281, s. 1; 2011‑183, s. 127(a); 2011‑243, s. 1; 2011‑268, s. 3.)

carolina guy · Jul 16, 2013

dSAK said:
This is the only thing I found that specified what constitutes an "ordinary pocket knife" and it does not have any reference to the length of the blade.

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.html

(d) 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, that has its cutting edge and point entirely enclosed by its handle, and that may not be opened by a throwing, explosive, or spring action. (Code, s. 1005; Rev., s. 3708; 1917, c. 76; 1919, c. 197, s. 8; C.S., s. 4410; 1923, c. 57; Ex. Sess. 1924, c. 30; 1929, cc. 51, 224; 1947, c. 459; 1949, c. 1217; 1959, c. 1073, s. 1; 1965, c. 954, s. 1; 1969, c. 1224, s. 7; 1977, c. 616; 1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 86; 1985, c. 432, ss. 1‑3; 1993, c. 539, s. 163; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 398, s. 2; 1997‑238, s. 1; 2003‑199, s. 2; 2005‑232, ss. 4, 5; 2005‑337, s. 1; 2006‑259, s. 5(a); 2009‑281, s. 1; 2011‑183, s. 127(a); 2011‑243, s. 1; 2011‑268, s. 3.)

I was just getting ready to post that link...that's all I know of for NC requirements...but as WW said, if there are also court cases, that will change the definition of "ordinary pocket knife". IMO, if you buy it and it is labeled by the manufacturer as a "pocket knife", does not look too "Klingonish", and meets all the other requirements, you should be ok.

FlyBoy276 · Jul 23, 2013

WalkingWolf said:
OP you should also read Black V US, and Terry V Ohio.

I think you mean US v Black. Black v US is a white-collar crime case. http://www.ca4.uscourts.gov/opinions/Published/115084.p.pdf

WalkingWolf · Jul 23, 2013

FlyBoy276 said:
I think you mean US v Black. Black v US is a white-collar crime case. http://www.ca4.uscourts.gov/opinions/Published/115084.p.pdf

Sorry, yes US V Black. Old age ya know.

chiefjason · Jul 25, 2013

OP, was that you on 485 on a motorcycle today? Wednesday, 7-24. A guy passed me on a bike sporting a Ka-bar on his right hip. lol

Does open carry of a KA-BAR require conceal carry license?

dSAK

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X-JaVeN-X

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