Knife

imported post

I just bought a Lone Wolf Diablo pocket knife. It is one of the "automatic" knives where the blade flips out when a button is pushed. The gun shop person said it was not considered a switchblade and that it was legal. I know switchblades are legal in some states, but not NC.

Does anyone have any clarification on this? I don't want to get jammed up over something silly as a pocket knife, and certainly don't want to have a $300 pocket knife confiscated.



LINK TO KNIFE INFO: http://www.lonewolfknives.com/store/pages/products-lonewolf-ld23152.shtml







Thanks

imported post

[font=BernhardModBT,Bold]

[align=left]here is the ling to the state laws but no you can not have a switchblade the guy is wrong unless you are military or leo, fire rescue. on page 170 article 35 read for yourself[/align]
[align=left]I looked at your link NC has a 3inch blade limit you could run into trouble if the cop wants to be anal and the fact that it can be opened by a button or slide whatever you want to call it it still a switchblade all they did was hide the switch. I am no lawyer my just 2cents[/align]

[align=left]http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/bychapter/chapter_14.pdf[/font][/align]

imported post

here is US law

United States Code
TITLE 15 - COMMERCE AND TRADE
CHAPTER 29 - MANUFACTURE, TRANSPORTATION, OR DISTRIBUTION OF SWITCHBLADE KNIVES


Section 1241. Definitions

As used in this chapter -
(a) The term ''interstate commerce'' means commerce between any
State, Territory, possession of the United States, or the District
of Columbia, and any place outside thereof.
(b) The term ''switchblade knife'' means any knife having a blade
which opens automatically -
(1) by hand pressure applied to a button or other device in the
handle of the knife, or
(2) by operation of inertia, gravity, or both.



Section 1242. Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty

Whoever knowingly introduces, or manufactures for introduction,
into interstate commerce, or transports or distributes in
interstate commerce, any switchblade knife, shall be fined not more
than $2,000 or imprisoned not more than five years, or both.



Section 1243. Manufacture, sale, or possession within specific jurisdictions; penalty

Whoever, within any Territory or possession of the United States,
within Indian country (as defined in section 1151 of title 18), or
within the special maritime and territorial jurisdiction of the
United States (as defined in section 7 of title 18), manufactures,
sells, or possesses any switchblade knife, shall be fined not more
than $2,000 or imprisoned not more than five years, or both.



Section 1244. Exceptions

Sections 1242 and 1243 of this title shall not apply to -
(1) any common carrier or contract carrier, with respect to any
switchblade knife shipped, transported, or delivered for shipment
in interstate commerce in the ordinary course of business;
(2) the manufacture, sale, transportation, distribution,
possession, or introduction into interstate commerce, of
switchblade knives pursuant to contract with the Armed Forces;
(3) the Armed Forces or any member or employee thereof acting
in the performance of his duty; or
(4) the possession, and transportation upon his person, of any
switchblade knife with a blade three inches or less in length by
any individual who has only one arm.

imported post

There is no length limit for a folding knife in North Carolina.

Your knife is a switchblade in my opinion.

imported post

I stand corrected it says small knife that can be carried in pocket or purse but check local laws. read the laws to be sure

imported post

I stand corrected it says small knife that can be carried in pocket or purse but check local laws. read the laws to be sure

imported post

Jones,

You're not quite correct there. Switchblades are legal to POSSESS in NC, you just can't "transport" them or carry them concealed. now, how you get one home after you buy it, I don't know, but that is the how it is in NC.

And that Lonewolf you just bought--without a doubt that is a switchblade under NC law. Keep it at home. If you get caught with it in your pocket you're gonna get a lot worse than "jammed up". Considering the penalties, you would most likely lose your 2A rights...

imported post

I was afraid thatit was considered a switchblade. I 'm goinna take it back to the gun shop. I'm sure they will let me exchange it for a non-automatic version. As I read the law before the original post, I felt it was illegal under the statutebecause there is obviously a spring somewhere inside to make it flick open like it does.

...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.


I question his legal knowledge anyway. Last year my dad came to visit from Nevada and he refused to sell him a rifle because he wasn't a NC resident. So we went to another gun shop and no problem. The residence restriction is for handgun purchases.