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9/22/2017 12:11:25 AM
Posted: 7/17/2003 8:40:57 PM EDT
What about dropping on in your pocket or stuffing it in a sheath? Thanks

CRC
Link Posted: 7/18/2003 7:39:17 AM EDT
NCGS 14-269 says, in part: "It shall be unlawful for any person willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger....razor...shuriken...or other deadly weapon of like kind, except when the person is on the person's own premises."

The NC Crimes Manual, printed for Magistrates & law enforcement says: "This offense does not apply to an ordinary pocket knife, carried in a closed position. An 'ordinary pocket knife' is defined as a small knife, designed for carrying in a pocket or purse, which has its cutting edge and point entirely enclosed by its handle and which may not be opened by throwing, explosive or spring action. Small has not been precisely defined by our appellate courts or legislature, but a pocket knife that was 4 1/2 inches in overall length was an ordinary pocket knife as defined by this statute. (96 NCApp 375).
Link Posted: 7/18/2003 6:21:26 PM EDT
Would that include a Smith and Wesson SWAT knife?

CRC
Link Posted: 7/18/2003 7:42:04 PM EDT
As long as it isn't an automatic opening blade, you would probably be legal. The only time we usually see convictions in court for CCW with a knife is when it is a fixed-blade knife, like a hunting knife or butcher knife that is concealed (under clothing, in a boot, or hidden in a vehicle). The problem with "ordinary pocket knife" is that there is no definition of what that means. Therefore it ultimately is up to a judge or jury to decide. Most officers don't charge CCW for knives, unless there is some other problem, such as DWI, carrying on school property, domestic violence, etc.
Link Posted: 7/19/2003 2:01:46 PM EDT
I got stopped once here in Statesville and had one of the tactical type folders with the thumb notch so you can open it quick I had it in my pocket. The deputy that stoped told me I had 2 choices 1 take a concealed weapons charge or 2 give him the knife and he would see that it was properly disposed of. I think he just wanted the knife cause he also ticketed me with driving with out a license, tag and insurance I was on a 50cc scooter. I told him that the scooter fell into the same catgory as a moped and I did'nt need any of that stuff to ride it he siad 2 other people told him the same thing that night and he was tired of seeing these things scoot around town which I told my lawer and the case got thrown out but I never saw the knife again I did'nt realy care it was one of the Army Navy store $6 specials
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