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Page Armory » Blades
Posted: 1/31/2011 7:56:04 AM EDT
I found a good deal on a Becker BK-14 "Eskabar" so I nabbed it up thinking it would be a great EDC knife (for bushcrafting purposes only). I wish to carry  this knife concelead however googling around a bit to check legality has left me a bit cross-eyed. Some say its legal some say its illegal. The reason I am paranoid about this is I just applied for my CHL and I definitely don't want it taken away for something as stupid as a concealed knife charge. However I do have use for the knife and I wish to exercise my rights and "batoning" a folding knife through wood is dangerous!

NC Statute states:

- 14-269 (excerpts). Carrying concealed weapons. (a) It shall be
  unlawful for any person, except when on his own premises,
  willfully and intentionally to carry concealed about his
  person any bowie knife, dirk, dagger... razor... or other
  deadly weapon of like kind. 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,
  which has its cutting edge and point entirely enclosed by
  its handle, and that may not be opened by a throwing,
  explosive, or spring action... (b1) It is a defense to
  prosecution under this section that: (1) The weapon was
  not a firearm; (2) The defendant was engaged in, or on the
  way to or from, an activity in which he legitimately used
  the weapon...


If you look up "Bowie" and "Dirk/Dagger" in a dictionary you will see that the knife doesn't fall into either category nor is it a folding pocket knife. Hell the knife is smaller than most of my normal sized folders. Tired of browsing forums and getting nowhere I decided to write my local Sheriffs office and ask. They passed the email around the office because a couple of people weren't sure on the answer until one sheriff finally responded with

If it does not close I think it would be hard to carry concealed and I don't think it falls within the statue for concealed.


I read his response as "its ok to carry" because by definition it doesn't fall into any of the categories prohibited in the statute. However I would still love to hear everyones opinion on it. I'd hate to have to open carry a knife while I am conceal carrying a firearm.


Link Posted: 1/31/2011 10:02:21 AM EDT
[#1]
I know in Missouri, The Revised Missouri Statues has a definitions section at the beginning of the Weapons Offenses chapter. This section defines "Knife" the following way:

(12) "Knife", any dagger, dirk, stiletto, or bladed hand instrument that is readily capable of inflicting serious physical injury or death by cutting or stabbing a person. For purposes of this chapter, "knife" does not include any ordinary pocketknife with no blade more than four inches in length;

It basically comes down to the blade length. I Missouri, 4 inches is the magic number for most fixed blades. Im unfamiliar with North Carolina's statues though. Check the definitions section of North Carolina's Weapons Chapter.
Link Posted: 1/31/2011 10:20:05 AM EDT
[#2]
I am not a lawyer but my interpretation of NC statute is that to carry a knife, it has to be a folding knife, which encloses the blade entirely, including the tip, hence the closed position. A good lawyer might be able to argue that a sheathed knife falls under the same interpretation, but I'd prefer not to endure the harassment on a routine stop as to why I was carrying a weapon that was not a "pocket knife".
Link Posted: 1/31/2011 11:05:14 AM EDT
[#3]
Yeah I agree, the only one I think you can carry concealed is a folding pocket knife. I just tied my knife to my back pack. Open carrying a knife isn't really a big deal
Page Armory » Blades
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