Knife Carry Laws

Been awhile, wondering if any progress has been made. If not, I may take up this front as I'm annoyed with the ability to run law abiding citizens around in order to not do their job, but also their ability to prosecute us if we fail to do ours (pay tickets, register firearm, etc).

No progress has been made in Nevada, as far as I know.

A court case in New York shortly after Heller concerning nunchucks ruled that the second amendment did not apply to the states and thus the person was guilty for possessing nunchucks. However, that case is going to be reheard now that McDonald vs. Chicago has found that the second amendment does apply to the states. If it reaches its way far enough up the court system and they find that the second amendment protects the right to possess numchucks, it might have an impact on Nevada's bad laws regarding weapons other than firearms.

It can't stand up to constitutional muster to ban billy clubs outright like is the case in Nevada, for example.

Felid`Maximus said:

No progress has been made in Nevada, as far as I know.

A court case in New York shortly after Heller concerning nunchucks ruled that the second amendment did not apply to the states and thus the person was guilty for possessing nunchucks. However, that case is going to be reheard now that McDonald vs. Chicago has found that the second amendment does apply to the states. If it reaches its way far enough up the court system and they find that the second amendment protects the right to possess numchucks, it might have an impact on Nevada's bad laws regarding weapons other than firearms.

It can't stand up to constitutional muster to ban billy clubs outright like is the case in Nevada, for example.

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Ultimately the regulation is one thing, but I was more concerned in whether or not anybody actually found away to get the "concealed knife" permit that the law says the sheriff can provide. Yes, it's ridiculous to regulate such things, but it's more ridiculous to regulate them, but not know how to do your part in the regulation. Consider if this were the Clark County gun registration requirement. If the registering body suddenly "forgot how" to register, you'd essentially no longer be able to legally purchase a firearm. But, I've digressed.

gmijackso said:

Consider if this were the Clark County gun registration requirement. If the registering body suddenly "forgot how" to register, you'd essentially no longer be able to legally purchase a firearm. But, I've digressed.

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Which would be a direct violation, post-McDonald.

being that gov. never really knows what they are doing it would make sense that if you have a ccw and are allowed to carry a firearm you should be able to do the same with any knife you want. Maybe we should try to have metro adopt this policy to get rid of all the confusion.

LvstudentDoc said:

being that gov. never really knows what they are doing it would make sense that if you have a ccw and are allowed to carry a firearm you should be able to do the same with any knife you want. Maybe we should try to have metro adopt this policy to get rid of all the confusion.

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I shouldn't be required to own/borrow and qualify with a firearm, in order to carry a leatherman (which has a 3 7/8" blade) "concealed". The law has a provision to obtain a permit for knives, just apparently no process to do so.

gmijackso said:

I shouldn't be required to own/borrow and qualify with a firearm, in order to carry a leatherman (which has a 3 7/8" blade) "concealed". The law has a provision to obtain a permit for knives, just apparently no process to do so.

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i agree no permit should be required to carry a knife of anysort in my opinion, but if they wanna keep it on the books as req a permit to have over a 3 inch blade a ccw holders should be exempt from that provision thats all i was saying. Its either have metro clear this up or get this stupid rule off the books and let people carry any size knife they desire.

knife laws in NV, LV, etc

Sure it's an old thread, but it came up when I did a search so probably will for those wanting to know...

In short, state laws don't prohibit non-automatic pocket knives of ANY size from being carried or possessed in any non-threatening fashion, including concealed, but local ordinances do.
State laws prohibit dirks & daggers ONLY if concealed.
They also prohibit belt-buckle knives and switchblades entirely.

While local laws differ in details (2 or 3 inches), basically they say no problem with open carry, but no concealed carry of knives over a certain length.

Also, they do differentiate between "deadly weapons" and "tools" that could be used as a weapon.

Additionally, most local laws prohibit concealed pocket knives over 3 inches, but not "tools". Read that as a multi-tool, butcher knife, cleaver etc. Up to interpretation so good luck! But I do believe it would come down to "intent".
Open carry of knives of any length allowed, but not at places that have signs saying no weapons.

Please, I did not write this as detailed as laws are written because if you want that then you can check out the NRS and local laws yourself. This is just a real world abbreviated explanation of knife laws.

General Conclusion: NO switchblades or beltbuckle knives AT ALL in the state. Open carry any length knife anywhere that's not obviously prohibited. NO concealed carry of any knives over 3 inches. No concealed carry of ANY dirks or daggers. "Tool or weapon" is left to interpretation and intent.

See: http://www.nvconcealedcarry.com/knives.html#.Ul2ADGTF0zs and
http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-202.html

I agree it has a lot to do with intent. I regularly carry a 3 to 4inch blade and there has never been a problem with it.

A good website germane to the subject here:

http://kniferights.org/

desertborn said:

I agree it has a lot to do with intent. I regularly carry a 3 to 4inch blade and there has never been a problem with it.

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Yep. Case law has some examples of folks trying to carry a butcher knife claiming it was a tool. Since they were't cooking or intending to cook anytime soon, that didn't hold. But neither did the charge of having a dirk or dagger since a butcher knife is not either. What if you were a professional knife thrower in like carnivals and such? hmm....

Now imagine having your hunting gear with your field dressing knives. I'd say that if you could present a valid hunting license during hunting season somewhere near or enroute to or fro hunting grounds, you'd be fine.

Like I said, intent and interpretation.

AND just another reason to NEVER talk to the cops. Leave that to the lawyers.

I have some information regarding knife rules in Nevada on my website here: http://armsinfo.com/nevada/nonfirearms.htm

mp06011999 said:

General Conclusion: NO switchblades or beltbuckle knives AT ALL in the state

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If a switchblade has a blade under 2 inches long, it is not a switchblade under Nevada law. So you can have a switchblade here, as long as the blade is under 2 inches long.

Felid`Maximus said:

I have some information regarding knife rules in Nevada on my website here: http://armsinfo.com/nevada/nonfirearms.htm

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Great site!

And yea, I saw that about 2 inch switchblades. There's also a 2 inch rule on pocketknives in Reno, but like I noted earlier, I wasn't going into every detail. Just giving a real world abbreviation. Your site's cool for compiling the details.

mp06011999 said:

General Conclusion: NO switchblades or beltbuckle knives AT ALL in the state. Open carry any length knife anywhere that's not obviously prohibited. NO concealed carry of any knives over 3 inches. No concealed carry of ANY dirks or daggers. "Tool or weapon" is left to interpretation and intent.

See: http://www.nvconcealedcarry.com/knives.html#.Ul2ADGTF0zs and
http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-202.html

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IANAL!
One minor correction please (and I know I am being picky but this is about THE LAW).
NO concealed carry of knives 3 inches or longer, not over three inches.
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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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Ken

CowboyKen said:

IANAL!
One minor correction please (and I know I am being picky but this is about THE LAW).
NO concealed carry of knives 3 inches or longer, not over three inches.

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What is the right (aka legal) way to measure a knife blade? Do you measure the entire blade from the tip to the hilt / handle, whether sharpened or not, or just the sharpened part? Some knives have a rather long un-sharpened portion near the hilt / handle...

JustaShooter said:

What is the right (aka legal) way to measure a knife blade? Do you measure the entire blade from the tip to the hilt / handle, whether sharpened or not, or just the sharpened part? Some knives have a rather long un-sharpened portion near the hilt / handle...

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It's in the law somewhere and if I remember it correctly, you measure from the tip to the end of the sharpened part of the blade.

mp06011999 said:

It's in the law somewhere and if I remember it correctly, you measure from the tip to the end of the sharpened part of the blade.

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I just did a quick search through http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-202.html and couldn't find it, do you know where else it might be?

JustaShooter said:

I just did a quick search through http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-202.html and couldn't find it, do you know where else it might be?

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No. I don't recall where I read it - repeatedly, but it was one of those based on case law I believe. I'm almost certain that's how they msi it, from tip towards base of normally sharpened portion. I seem to recall them even mentioning something about, "...since that portion beyond (below) the knife's edge is not, in this situation or any other situation, normally a cutting instrument it is not counted as "blade"".

Maybe try these:
http://www.kniferights.org/index.php?option=com_frontpage&Itemid=1
http://www.nvconcealedcarry.com/knives.html#.UmFjN5TF0zt

Also realize that they cover themselves here by using the words "dirk" and "dagger". Meaning that it would have to fold to be a pocket knife and then we get into the measuring thing. And even more importantly and sadly, law makers like ambiguity in the language. It gives them more power in that "might is right" form of enforcement. You've all heard it before, It's not if you are right or wrong, it's how good is your lawyer. :-(

This:

Bradvica v. State, 1988 - Bradvica was arrested for an unrelated offense and found to be carrying an automatic opening knife with a blade measuring 2 5/16 from tip to handle. He was convicted of carrying a "dangerous knife" under the (since superseded) wording of NRS 202.350 at that time. He appealed his conviction to the Nevada Supreme Court, which found that the wording "dangerous knife" was sufficiently vague as to be meaningless. The Court's opinion also defined the "blade" of a knife as "that portion which is customarily sharpened from the tip of the knife to the tang, or the unsharpened extension of the blade which forms the hinge connecting the blade to the handle." By that definition, the blade of Bradvica's knife only measured 1 15/16 inches, meaning that the knife did not meet the definition of a "switchblade" under Nevada law, being less than two inches long. His conviction was overturned.