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Thread: Knife Carry Laws

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    What are the laws on carrying a knife (CC) in Nevada in general and Las Vegas in particular? The knife is a pocket knife with lockable single edged blade under 4" long, opens manually. Thanks!

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    Start here: Nevada Revised Statutes I do not know an exact statute, but I think less than 4" foldable is not considered a weapon. YMMV, IANAL, check the facts before you assume... etc.

    Further, Title 15 Ch 202 has much of any applicable statute, specifically calling out daggers, dirks, switchblade knives, and belt-buckle knives. Title 15 Chapter202
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    Chaingun81 wrote:
    What are the laws on carrying a knife (CC) in Nevada in general and Las Vegas in particular? The knife is a pocket knife with lockable single edged blade under 4" long, opens manually. Thanks!
    Clark County (Las Vegas) municipal code limits knives to under 3" long.


    12.04.180 Concealed weapons prohibited without permit.

    It is unlawful, within the unincorporated area of Clark County, for any person to carry upon his person a concealed weapon of any description, including a knife with a blade of three inches or more, a gun, pistol, revolver or other firearm, capable of being concealed, without first having received written permission therefor from the sheriff. (Ord. 242 §18, 1965)




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    The knife laws for NV are very ambiguous. First, let's start with NV state law: http://www.leg.state.nv.us/NRS/Index.cfm .

    The Nevada Revised Statutes (NRS) do not define "pocket knife" and make no mention of it other than in the definition of "switchblade knife" [NRS 202.350(8)(h)].

    NRS 202.350 Manufacture, importation, possession or use of dangerous weapon or silencer; carrying concealed weapon without permit; penalties; issuance of permit to carry concealed weapon; exceptions.
    . . .
    8. As used in this section:
    . . .
    (h) “Switchblade knife” means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocketknife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism. The term does not include a knife which has a blade that is held in place by a spring if the blade does not have any type of automatic release.
    . . .

    So, a pocket knife without any type of "automatic release" would not be considered a "switchblade knife." In NV, one needs a permit from the sheriff to sell switchblade knives and they may only be sold to those outside the state (shipped via mail) or law enforcement personnel within NV [NRS 202.355]. No one else may possess such knives within NV.

    Furthermore, the statutes generally refer only to the following: "dirk," "dagger," and "machete" (none of which are defined), along with "switchblade knife" and "knife which is made an integral part of a belt buckle." NRS 202.350(1) and (2) are the relevant sections about the possession and carrying of concealed weapons:

    NRS 202.350 Manufacture, importation, possession or use of dangerous weapon or silencer; carrying concealed weapon without permit; penalties; issuance of permit to carry concealed weapon; exceptions.
    1. Except as otherwise provided in this section and NRS 202.355 and 202.3653 to 202.369, inclusive, a person within this State shall not:
    (a) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slungshot, billy, sand-club, sandbag or metal knuckles;
    (b) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend, possess or use a machine gun or a silencer, unless authorized by federal law;
    (c) With the intent to inflict harm upon the person of another, possess or use a nunchaku or trefoil; or
    (d) Carry concealed upon his person any:
    (1) Explosive substance, other than ammunition or any components thereof;
    (2) Dirk, dagger or machete;
    (3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or
    (4) Knife which is made an integral part of a belt buckle.
    2. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of:
    (a) Paragraph (a) or (c) or subparagraph (2) or (4) of paragraph (d) of subsection 1 is guilty:
    (1) For the first offense, of a gross misdemeanor.
    (2) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.
    (b) Paragraph (b) or subparagraph (1) or (3) of paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

    Therefore, one may not carry concealed any dirk, dagger, machete, or belt-buckle knife. So, what does this mean? Well, there are traditional dictionary definitions for these items that would lead one to reasonably conclude that a pocket knife would not be included in this group. However, one must also be careful of the catch-all "or other dangerous or deadly" prohibition in NRS 202.350(1)(d)(3).

    All in all, there are some LEOs who would interpret the possession of any knife or other weapon to be a violation of NRS 202.350(1)(d). I was once almost arrested by the LVMPD for carrying a 5-inch aluminum kubotan ( http://www.defensedevices.com/gripkubaton.html ) which they called a "dagger" (http://opencarry.mywowbb.com/forum36/20477.html ). The thing has no blade or sharp edges. Yet, the officers involved had no problem with my Ka-Bar TDI Model 1480 Law Enforcement Knife, which has a blade under three inches long (see picture here - http://www.lapolicegear.com/katdilawenkn.html ). Simply idiotic...

    Anyway, if it wasn't enough to worry about NV state law, one must take care to note what area of "Las Vegas" he is in. Most of the Las Vegas Strip with all of the casinos is actually located in the unincorporated towns of Paradise and Winchester. Clark County Code governs these areas: http://municipalcodes.lexisnexis.com/codes/clarknv/.

    CCC 12.04.180 Concealed weapons prohibited without permit.
    It is unlawful, within the unincorporated area of Clark County, for any person to carry upon his person a concealed weapon of any description, including a knife with a blade of three inches or more, a gun, pistol, revolver or other firearm, capable of being concealed, without first having received written permission therefor from the sheriff. (Ord. 242 § 18, 1965)

    The code states "including a knife with a blade of three inches or more." This might lead one to conclude that a knife with a blade under three inches is ok. However, and this is probably just the lawyer in me, note that the code states "a concealed weapon of any description" (i.e., ALL weapons). One could argue that including the language "with a blade three inches or more" exhibits the legislative intent that anything under three inches would not be considered a "weapon," but linguistically, this does not hold true. The use of the word "including" denotes a list that is a subset of all possible weapons, which includes knives with blades under three inches.

    So, we now move from state/county law to local law. If you happen to geographically be in what is considered the incorporated city of Las Vegas, then Las Vegas Municipal Code would apply: http://municipalcodes.lexisnexis.com/codes/lasvegas/.

    Here, we finally get a definition of what constitutes a "dangerous or deadly weapon" :

    LVMC 10.70.010 Defined.
    "Dangerous or deadly weapons" includes, but it not limited to:
    (A) Any dirk or dagger;
    (B) Any knife with a blade three inches or more in length;
    (C) Any snap-blade or spring-blade knife, regardless of length of the blade;
    (D) Any ice pick or similar sharp stabbing tool;
    (E) Any straightedge razor or any razor blade fitted to a handle;
    (F) Any dangerous or deadly weapon within the meaning of any law of this State restricting the use thereof; and
    (G) Any cutting, stabbing or bludgeoning weapon or device capable of inflicting grievous bodily harm; and
    (H) Any firearm, as defined in Section 10.66.010, other than one carried pursuant to a valid permit issued by a duly authorized governmental authority or an ordinary rifle or shotgun lawfully carried for purposes of hunting or other lawful sport. The permit requirement does not apply to:
    (1) A person who has not been a resident of the City for at least sixty days; or
    (2) A firearm during the seventy-two hour period within which a person is allowed to register that firearm under Section 10.66.040.

    This definition is still quite ambiguous, but it contains similar language to the Clark County Code section above - "a knife with a blade three inches or more in length." However, note subsection G - "any cutting, stabbing or bludgeoning weapon or device." A knife with a blade shorter than three inches is still quite capable of "inflicting grievous bodily harm." Also note that the city code doesn't prohibit the outright possession of dangerous or deadly weapons, just doing so while "loitering":

    LVMC 10.70.020 Loitering while carrying concealed.
    (A) It is unlawful for any person, while carrying concealed upon his person any dangerous or deadly weapon to loaf or loiter upon any public street, sidewalk or alley or to wander about from place to place with no lawful business thereby to perform, or to hide, lurk or loiter upon or about the premises of another.
    (B) It shall be unlawful for any person who has concealed upon his person any dangerous or deadly weapon to loiter about any place where intoxicating liquors are sold or any other place of public resort.

    All in all, given the above laws, it's probably best to carry a simple pocket knife with a blade under three inches that doesn't look too menacing. Just to cover your butt, I would also write to the sheriff to request a permit to carry whatever particular knife you're interested in carrying. You can request a permit under NRS 202.350(3) or LVMC 10.68.020:

    NRS 202.350 Manufacture, importation, possession or use of dangerous weapon or silencer; carrying concealed weapon without permit; penalties; issuance of permit to carry concealed weapon; exceptions.
    . . .
    3. Except as otherwise provided in this subsection, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this State the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife. This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm.
    . . .

    LVMC 10.68.020 Issuance--Term--Content.
    (A) The Sheriff of the Metropolitan Police Department or his designee shall have the power to issue to any person who, in the judgment of the Sheriff or his designee, shall have such privilege, a written permit to carry concealed any of the weapons specified hereunder. Such permit shall be numbered consecutively in the order in which they are issued.
    (B) Each such permit shall state the name, address and occupation of the person to whom the same is issued, and the date of its expiration and shall specify the kind and description of weapons authorized to be carried concealed by such person.

    - Mike S.

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    I've always believed Nevada's knife laws are ambiguous - VERY ambiguous.

    I am not a "knife guy" except to say that I do carry/use them, primarily in hunting/camping/fishing activities. On a daily basis, I usually only carry a small pocket knife.

    A 2", 3" or even 4" blade length restriction is rather ridiculous; many (law abiding) people use larger knives for perfectly legitimate purposes.

    Isn't there a knife enthusiasts association somewhere that could lobby for better law?? Or is existing law "good enough"??

    One would expect law enforcement to say, "But we only enforce this law against the bad guys." Well, we all know how reliably that can work!

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    I've sent e-mails to local legislators in the past asking them to improve the law for knives and other melee weapons but never received a reply when I've mentioned this subject.

    NRS 202.350 prohibits one from carrying concealed any "other dangerous or deadly weapon", which is a class C felony. By comparison, concealing a dirk or dagger is only a gross misdemeanor. What legally constitutes a dangerous or deadly weapon I cannot possibly imagine. The law is way too vague. In my opinion, virtually every object could be considered dangerous or deadly.

    If you think the knife could be construed to be a dangerous or deadly weapon and you don't have success getting the sheriff to authorize you, you could always carry it openly, just be wary of local laws since preemption laws only cover firearms and not other weapons.

    Per NRS 393.410, throughout Nevada, any knife with a blade over 2 inches long is considered a "dangerous knife" and therefore not allowed on the property of a public k-12 school.

    http://www.leg.state.nv.us/NRS/NRS-3...l#NRS393Sec410

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    Felid`Maximus wrote:
    I've sent e-mails to local legislators in the past asking them to improve the law for knives and other melee weapons but never received a reply when I've mentioned this subject.

    NRS 202.350 prohibits one from carrying concealed any "other dangerous or deadly weapon", which is a class C felony. By comparison, concealing a dirk or dagger is only a gross misdemeanor. What legally constitutes a dangerous or deadly weapon I cannot possibly imagine. The law is way too vague. In my opinion, virtually every object could be considered dangerous or deadly.

    Per NRS 393.410, throughout Nevada, any knife with a blade over 2 inches long is considered a "dangerous knife" and therefore not allowed on the property of a public k-12 school.

    http://www.leg.state.nv.us/NRS/NRS-3...l#NRS393Sec410
    That is arguable. It only specifies:
    3. Any person who is in possession of a dangerous weapon during his commission of a violation of paragraph (b), (c) or (d) of subsection 1 is guilty of a gross misdemeanor.
    It appears to be a "modifier" to the specific violations of
    NRS 393.410 Damage to school property; nuisance; loitering; trespass; penalties. 1. It is unlawful for any person: (a) Willfully and maliciously to injure, mark or deface any public schoolhouse, its fixtures, books or appurtenances; (b) To commit any nuisance in any public schoolhouse; (c) To loiter on or near the school grounds; or (d) Purposely and maliciously to commit any trespass upon the grounds attached to a public schoolhouse, or any fixtures placed thereon, or any enclosure or sidewalk about the same.
    In other words, mere possession of such "dangerous knife" is only a "dangerous weapon" IF a violation of (b)(c) or (d) took place. If such violation did not take place, it is not a crime. Legislation was introduced last session to codify a knife violation on school property, but it did not pass.

    74th Session AB107 would have added the definition to NRS 202.265, but it did not make it out of session.
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    CowboyKen wrote:
    Chaingun81 wrote:
    What are the laws on carrying a knife (CC) in Nevada in general and Las Vegas in particular? The knife is a pocket knife with lockable single edged blade under 4" long, opens manually. Thanks!
    Clark County (Las Vegas) municipal code limits knives to under 3" long.


    12.04.180 Concealed weapons prohibited without permit.

    It is unlawful, within the unincorporated area of Clark County, for any person to carry upon his person a concealed weapon of any description, including a knife with a blade of three inches or more, a gun, pistol, revolver or other firearm, capable of being concealed, without first having received written permission therefor from the sheriff. (Ord. 242 §18, 1965)
    So carrying around a 6" folder openly on your belt should be legal as it is not a concealed weapon.

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    Decoligny wrote:
    CowboyKen wrote:
    Chaingun81 wrote:
    What are the laws on carrying a knife (CC) in Nevada in general and Las Vegas in particular? The knife is a pocket knife with lockable single edged blade under 4" long, opens manually. Thanks!
    Clark County (Las Vegas) municipal code limits knives to under 3" long.


    12.04.180 Concealed weapons prohibited without permit.

    It is unlawful, within the unincorporated area of Clark County, for any person to carry upon his person a concealed weapon of any description, including a knife with a blade of three inches or more, a gun, pistol, revolver or other firearm, capable of being concealed, without first having received written permission therefor from the sheriff. (Ord. 242 §18, 1965)
    So carrying around a 6" folder openly on your belt should be legal as it is not a concealed weapon.
    IANAL, but it would seem so. However that may not stop Metro officers (or those from Henderson, NLV, etc.) from visiting with you and seeing if they cannot find a reason to incarcerate you. Let us know how this works out for you.

    Ken

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    I wore my bowie knife, openly, to homedepot a few weeks back. No one ran in terror or called the cops. I was also wearing my sixgun, as I am known to do

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    So what is the class of crime for a concealed carry?

    If I read the law right

    concealed gun = felony

    concealed knife = misermeanor

    Is this right?

    Another issue is city law ... I have heard that for instance North Las Vegas cops will make you 'eat concrete' if you have a gun in the car, even carried open and in plain site. Is this correct?

    I'm new in town and plan to get my concealed carry permit for a handgun. I have one already from Oregon, but understand I'll still have to take an 8 hour training course.

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    It is a gross misdemeanor to carry a dirk, dagger, or machete concealed, or to carry a belt buckle knife.

    It is a class C felony to conceal other weapons, including specifically firearms.

    If your knife is a dirk, dagger, machete, or a belt buckle knife and it is concealed it is a gross misdemeanor. If it isn't, but it is still an "other dangerous or deadly weapon," it is a class C felony. If its not a "dangerous or deadly weapon" it is not a crime. There is no definition of "dangerous or deadly weapon." It seems to me that practically anything can be used as a dangerous or deadly weapon.

    Yes, Nevada does require an 8 hour training course to get the Nevada permit. If you are a Nevada resident, you will need a Nevada permit to carry concealed even if Nevada recognizes your other state permits if you are a non-resident. Nevada doesn't recognize the Oregon permit, even for non-residents.

    If NRS 244.364, NRS 268.418, and NRS 269.222 meant anything, localities wouldn't be able to regulate firearms except the discharge of them, and Clark County registration would remain intact.

    However, according to the current Office of Nevada Attorney General website, these laws don't mean anything.

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    Felid`Maximus wrote:
    It is a gross misdemeanor to carry a dirk, dagger, or machete concealed, or to carry a belt buckle knife.

    It is a class C felony to conceal other weapons, including specifically firearms.



    Yes, Nevada does require an 8 hour training course to get the Nevada permit. If you are a Nevada resident, you will need a Nevada permit to carry concealed even if Nevada recognizes your other state permits if you are a non-resident. Nevada doesn't recognize the Oregon permit, even for non-residents.

    If NRS 244.364, NRS 268.418, and NRS 269.222 meant anything, localities wouldn't be able to regulate firearms except the discharge of them, and Clark County registration would remain intact.

    However, according to the current Office of Nevada Attorney General website, these laws don't mean anything.
    Stay tuned, some folks are checking on the AG "opinion."

    If your knife is a dirk, dagger, machete, or a belt buckle knife and it is concealed it is a gross misdemeanor. If it isn't, but it is still an "other dangerous or deadly weapon," it is a class C felony. If its not a "dangerous or deadly weapon" it is not a crime. There is no definition of "dangerous or deadly weapon." It seems to me that practically anything can be used as a dangerous or deadly weapon.
    Do you have case law reference that indicates this? IMHO, a knife that is NOT "dirk, dagger, machete, or belt buckle knife" it would not fit the definition of "other dangerous or deadly weapon."

    My Buck pocket knife IS a Knife, but having it in my pocket does not make me a felon.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    This is off topic so feel free to PM. I love Buck knives. The ones US made. What other companies make knives in the US?

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    Oh definitely not. I wasn't meaning to say that a knife would be considered a dangerous or deadly weapon. Only that I think it is stupid for the law to word it that way since in my opinion any object could be considered one. I would think a pencil would be dangerous as it could poke an eye out! I'm sure there is no way that they could charge someone for having a pencil, but there might be some circumstance where they might consider some other weapon to be dangerous or deadly. I've seen no case law indicating anything about any knives or other objects qualifying. Probably most knives would be fine. I would agree with you that I wouldn't consider it to be a weapon. I think the wording of the law is very bad in that it doesn't even define what makes something dangerous or deadly.

    If one had a large butcher knife or managed to conceal a battle axe or very large sword that couldn't be confused with a dagger under their trench coat I wonder if they might try to say it was a dangerous or deadly weapon (or maybe not) or they might throw it out for the ambiguity. I've never heard any case law.

    Also, I wonder what the definition of a dagger is. I've got a 2.5" fixed blade single edged Winchester knife with no hilt. After I heard about police in that other thread calling a kuboton a dagger, I wonder if they might be more successful at calling my knife a dagger than they were with the kuboton. (Although I would think a dagger would be a longer double-edge blade, most likely with a hilt, personally.)


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    so... am I to believe that me carrying my homemade knife is a felony? Why would prosecutors even waste their time with something like this if you weren't committing, committed, or about to commit another crime that's worth prosecuting?



    Its got like a 3.48" blade.

    This lil thing is a FELONY to conceal?

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    BhmBill wrote:
    so... am I to believe that me carrying my homemade knife is a felony? Why would prosecutors even waste their time with something like this if you weren't committing, committed, or about to commit another crime that's worth prosecuting?



    Its got like a 3.48" blade.

    This lil thing is a FELONY to conceal?
    Maybe!

    And you would surely be in violation of the Clarck County, and other local, codes.

    Ken


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    Searching for relevant case law:
    http://www.lexisone.com/lx1/caselaw/...=y&l1loc=FCLOW

    Knight vs. Nevada -

    Steak knife is a concealed weapon, Knight is convicted of gross misdemeanor carrying a concealed weapon, Feb 3, 2000. 202.350 has been amended since then a few times, including making the penalty for carrying concealed firearms and "other weapons" a felony instead of a gross misdemeanor, while retaining that dirks and daggers are still gross misdemeanors. http://www.leg.state.nv.us/Statutes/...CHz256_zSBz199 (This shows it being changed to a class C felony in 2003).

    It was found to be a common serrated steak knife with a handle of 4" and a blade of 4"

    He was not convicted of a separate charge for carrying a two-pronged fork.


    The article seems to imply that it wasn't considered a dagger due to the lack of hand guards but an "other dangerous or deadly weapon."

    It says that the though the item was not normally thought of as a weapon, because the item was carried for the purposes of being a weapon the conviction was upheld. (It was carried by a trespasser.)

    Bradvica v. State (1998)
    If a blade has handguards and locks into place it can be a consideration of whether it is a dagger. A 2 5/16" spring loaded pocket knife with a blade less than two inches was not found to be a dagger or dirk.

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    I carry my knives for the purpose of cutting, opening packages, cutting food, etc.

    My carry weapon is a gun, not a little 3" knife.

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    BhmBill wrote:
    I carry my knives for the purpose of cutting, opening packages, cutting food, etc.

    My carry weapon is a gun, not a little 3" knife.

    Ditto ... but until I get my permit I won't carry my weapon, can't afford a felony and lose ALL my gun rights.

    This just goes to show you why we need our NRA.

    It is a laugh that they call this a free country. You would think the second amendment protects the right to carry a knife or sword or whatever, it is a form of bearing arms. Too bad more of the language of the Declaration Of Independence did not make it into the Bill of Rights. A lot of the laws today might be struck downfor violatingthe phrase "Life, Liberty, and the Pursuit of Happiness".


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    Anyone know whether the same definition of concealed applies? "discernible by ordinary observation" and carried upon your person.

    In other words, is a knife in a tool box "concealed" per the definition?

    I assume the gun law preemption does not also preempt knife laws?

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    The preemption laws specifically mention firearms, so localities can regulate any other type of weapon.

    202.350 is the same law that applies for all concealed weapons, so the definition of concealed would be the same.

    That one case, Knight vs. Nevada made it sound like ordinary objects are only considered weapons if they have reason to believe they are carried for that purpose. But I'm no lawyer and am not an expert on knife laws.

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    Knife length laws have never made any sense to me whatsoever. Whether I stab someone with a 3-inch Bowie knife or run them through with a 48" inch Bastard sword, are they any less dead? Same with guns. Whether I shoot them with a 10-gauge or a 9MM, odds are it's going to hurt like hell.

    I've carried a Leatherman (a real original one, not the wussy ones that come with saws and forks and microwaves) in my pocket almost every single day since I was 11 years old, and that thing is a life-saver. I've never once thought about the legality of it. I cannot fathom to imagine being arrested for carrying it around a Wal-mart.

    It's a sad day for the world when you can't even carry a multi-tool without fear of spending a night in jail and ruining your future career aspirations...

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    Well said, CoonDawg.

    It is too late for any legislation this year.

    But perhaps we should push for more sensible knife laws in 2011.

    Frankly, I'm guilty (like many) of not paying much attention to knife laws. But this subject is worthy of bringing to the legislature.

    Are there no groups out there that could honcho an effort to reform our law??

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    Your leatherman has a blade less than 3 inches. Ialso have an original, it is a great little tool. They won't let you on an airplane with one anymore, but I doubt any LEO would arrest you for one unless you had it open and were swinging it around.

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