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Posted: 3/8/2006 8:12:58 PM EDT
Are we or are we not allowed to carry a knife ? If so, what are the rules ? I.E., blade can't be more than 3 inches ?
Link Posted: 3/8/2006 10:17:14 PM EDT
Yep.

3" blade length or more carried concealed in Nevada is a Category C Felony.

Be careful.

Link Posted: 3/9/2006 2:15:04 AM EDT
[Last Edit: 3/9/2006 2:16:25 AM EDT by LTverticl]
Does the 3" rule also apply to assisted opening knives, like Kershaw Leek?
Link Posted: 3/9/2006 5:03:00 AM EDT
Joe,
How about posting the NRS cite on that. I did a pretty exhaustive search before and couldn't find a blade length restriction on a folding knife.
Link Posted: 3/9/2006 7:54:07 AM EDT
[Last Edit: 3/9/2006 8:07:36 AM EDT by chiz45]

Originally Posted By Dorsai:
Joe,
How about posting the NRS cite on that. I did a pretty exhaustive search before and couldn't find a blade length restriction on a folding knife.



you'll find the actual length references in each city and county code. I'll add 'em in later when i can find em.

Clark County:
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)


Henderson Muni Code:

8.98.010 Concealed Weapons Prohibited Except by Permission.

It is unlawful for any person to carry upon his person a concealed weapon of any kind or description, including a knife with a blade of three inches or more, a gun, pistol, revolver or other firearm, within the city of Henderson without first having received written permission from the chief of police. (Ord. 67 § 1, 1954)

Las Vegas Code:

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;
----
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.

(1949 code Ch. 38 § 5: prior code § 6-3-5)

NLV:

9.32.040 Dangerous or deadly weapon defined.

The term "dangerous or deadly weapons" includes, but is not limited to, any dirk or dagger; any knife with a blade three inches or more in length, and any snap-blade or spring-blade knife, regardless of the length of the blade; any ice pick or similar sharp stabbing tool; any straight edge razor or any razor blade fitted to a handle; any dangerous or deadly weapon within the meaning of any law of this state restricting the use thereof; and any cutting, stabbing, or bludgeoning weapon or device capable of inflicting grievous bodily harm; and any firearm other than (a) one carried pursuant to a valid permit, issued by a duly authorized government authority, or (b) an ordinary rifle or shotgun lawfully carried for purposes of hunting or other lawful sport. (Prior code § 7.22.040)
Link Posted: 3/9/2006 8:52:28 AM EDT
City and county ordinances can only be misdemeanors.

As for an assisted knife, you are prohibited from carrying them, but collecting them is legal.

When I talk about assisted knife, I am referring to automatic opening, spring knives, etc. There has been case law which adds a butterfly knife to the list as a dangerous weapon.

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 .

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.

4. Except as otherwise provided in subsection 5, this section does not apply to:

(a) Sheriffs, constables, marshals, peace officers, correctional officers employed by the Department of Corrections, special police officers, police officers of this State, whether active or honorably retired, or other appointed officers.

(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.

(c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.

(d) Members of the Armed Forces of the United States when on duty.

5. The exemptions provided in subsection 4 do not include a former peace officer who is retired for disability unless his former employer has approved his fitness to carry a concealed weapon.

6. The provisions of paragraph (b) of subsection 1 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.

7. As used in this section:

(a) “Concealed weapon” means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.

(b) “Honorably retired” means retired in Nevada after completion of 10 years of creditable service as a member of the Public Employees’ Retirement System. A former peace officer is not “honorably retired” if he was discharged for cause or resigned before the final disposition of allegations of serious misconduct.

(c) “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.

(d) “Nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.

(e) “Silencer” means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.

(f) “Switchblade knife” means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, 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.


(g) “Trefoil” means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.


Link Posted: 3/9/2006 9:44:59 AM EDT
[Last Edit: 3/9/2006 9:46:39 AM EDT by ishoot2live]
RDP,

It is my understanding that when someone is caught carrying a knife concealed with a blade length of three inches or more, they can be charged with 202.350 i.e (3) of paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

I know someone who was charged under this statute. They used the "other dangerous or deadly weapon" portion of the statute. I know that has a broad spectrum, but they got it on and prosecuted him for carrying a 4.5" knife concealed.

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:

(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.
Link Posted: 3/9/2006 10:19:51 AM EDT
[Last Edit: 3/9/2006 10:20:42 AM EDT by pedro66]
When you say assisted does that include the Kershaws etc that Walmart sell the ones that you open either with the back of the blade or the side of the blade with a blade 3" or less like these

Link Posted: 3/9/2006 11:14:44 AM EDT
There have been a few cases where cops pushed the line and straight and folding knife cases were tossed out by a couple of different judges (Lippis was one).

The problem is a county or city ordinance cannot be used as a definition for a state law while the other way can occur.

It is one of those touchy feely gray areas, but reality is my butterfly knife case was a real pain in the butt. The guy was also wanted for attempted murder, so I could care less about the knife case, but he pissed off the DA.

The way the DA is right now, I seriously doubt any straight blade case would go forward.

Now, as for the city of LV, they would jump at the chance if you have some type of previous record.

As a CYA, if part of the knife is showing and it is easily identified as a knife, then the CCW side would not apply at the state level.
Link Posted: 3/9/2006 1:19:00 PM EDT

Originally Posted By RDP:
There have been a few cases where cops pushed the line and straight and folding knife cases were tossed out by a couple of different judges (Lippis was one).



Can you please provide the case numbers or a link to the cases.
Link Posted: 3/9/2006 4:14:01 PM EDT
No limit on blade length in California

I read 3" or less, so obviously it has to be under 3" correct?
Link Posted: 3/9/2006 5:14:59 PM EDT

Originally Posted By RDP:
There have been a few cases where cops pushed the line and straight and folding knife cases were tossed out by a couple of different judges (Lippis was one).




Sounds like we travel in the same circles, sent ya a PM ;)




It is one of those touchy feely gray areas, but reality is my butterfly knife case was a real pain in the butt.



The irony is that wave-featured Emerson or a Kershaw is noticeably faster than the ol' butterfly!



The way the DA is right now, I seriously doubt any straight blade case would go forward.

Ah, but the 5 trial rule! I saw Cuomo try a 1st offense PCS /ITS marijuana case just for a trial stat!


As a CYA, if part of the knife is showing and it is easily identified as a knife, then the CCW side would not apply at the state level.


+1...know your wardrobe! I used to carry a 3.5" Emerson in a pants pocket with a short sleeved button up over it and the G19. However, the shirt was long enough to cover up the knife and knife clip. Unless i wear something that obviously exposed my Emerson, I switch it out to a 2 3/4" Spyderco.
Link Posted: 3/9/2006 6:19:50 PM EDT

Originally Posted By chiz45:
Unless i wear something that obviously exposed my Emerson, I switch it out to a 2 3/4" Spyderco.



Exactly the same with me Chiz.

If I am wearing a longer upper shirt that covers the top of my pant pockets I'll carry my Emerson when I wear a specific pair of cargo pants, because those pants have little pockets without flaps sewn on the outside of the larger thigh pockets and that's where I clip the knife. Clipping it in that little pocket puts the pocket clip in plain view and it makes the knife easily discernable by ordinary observation, and it allows me quick access should I need the knife.

When I wear other types of trousers and I wear a shirt that doesn't cover the top of my pants pockets I'll carry the Emerson there. I think the blade length law is a bunch of bullshit anyway, because it only makes law abiding citizens like us have to jump through hoops, change our routine, and make sure that we have the proper length blade depending on what we are wearing (honey, does this shirt I'm wearing with my 4.5" blade make my ass look fat?).

IMHO I believe that if a LEO would stop a CCW permit holder and that person had a a good attitude and they were carrying a 4" knife with a pocket clip and a shirt was covering it, I think that the citizen would have a good chance of getting off with a warning instead of arrest. Then again if the knife is a cool tactical folder the officer might "impound" the knife as a "condition" of the warning. I guess that's one way an officer can get a cool knife for free..... That never happens does it RDP?

Link Posted: 3/9/2006 10:18:35 PM EDT

Originally Posted By Scot45:


Can you please provide the case numbers or a link to the cases.



They weren't my cases......the only one I did was the butterfly knife case.

As for the ones dumped, it would take a ton of searching. Unfortunately, local rulings don't make it into case law as often as they should. But with idiots like Bennet-haron, you don't want her deciding any case!!

And with the way the DA's office has been moving bodies, the same ones aren't assigned to the same team for long.
Link Posted: 3/12/2006 12:28:22 AM EDT
[Last Edit: 3/12/2006 12:56:30 AM EDT by Barrelburner]
State law, or just county?
Link Posted: 3/12/2006 12:52:32 AM EDT
Link Posted: 3/12/2006 1:41:57 AM EDT

Originally Posted By ARin:
i was told at some point, that the presence of a visible pocket clip means NOT CONCEALED...as an average person could REASONABLY determine the presence of the visible clip to be a knife...therefor, not concealed.




That was my understanding as well, and I always carry a knife on me like that. Have for several years.
Link Posted: 3/12/2006 7:35:13 AM EDT

Originally Posted By ColSanders:

Originally Posted By ARin:
i was told at some point, that the presence of a visible pocket clip means NOT CONCEALED...as an average person could REASONABLY determine the presence of the visible clip to be a knife...therefor, not concealed.




That was my understanding as well, and I always carry a knife on me like that. Have for several years.



agreed, visible is the key factor. Kind of like a OWB holster...ok, until you put on a 3/4 length jacket.
Link Posted: 3/12/2006 8:51:14 AM EDT
State....

Never seen any permission from the Sheriff as listed in the county ordinance for carrying a knife. I could not see the DA if taking the case for something like that.
Link Posted: 3/13/2006 3:11:34 AM EDT
I have this great little Inox steel leverknife that a friend of mine bought on trip to Holland. He probably only paid two bucks for it.

It found its way back to me, and it sits on my desk right now at all times.

This knife has a nice, thick, utilitarian blade. It's no West Side Story pushbutton stiletto, rather one you could imagine sitting down on a porch on some lazy summer day and whittling a locomotive out of a lump of scrap lumber.

It's a knife I'd like to carry every day. It's a gentleman's pocket knife. How'd I end up with it?

Anyhow, why can't I carry this knife? It opens slower than my Camillus Blaze Robo-Power (tm) assisted-opening pigsticker and actually looks like it's a regular knife, rather than some high-speed S.W.A.T. Operator gear-queer sort of stabbie-slashie. Just because I have to operate a lever, that makes my old european Inox stainless leverknife more evil and terrifying than my Camillus that operates by pressing a nub on the back of the blade? Bullshit!

The switchblade law is ridiculous. Especially seeing as how I have a Carry Concealed Weapons permit. I can carry a firearm, which is a Lethal Force weapon but not a knife that opens automatically, a tool that has more use outside of the sphere of 'personal defense' than it does within.

Fucking absoludicrous.
Link Posted: 3/13/2006 6:34:32 AM EDT
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