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Posted: 6/14/2009 8:36:05 PM EDT
Hello all,

Hoping someone here could answer a couple questions for me.  I was at a recent gun show where I saw a Benchmade 2550 Mini Reflex Auto knife.  For those that dont know, the knife is a very popular carry knife that has a blade under 4 inches and opens by the push of a button.

The seller informed me that automatic knives were legal in NC.  Legal to possess and legal to carry, just not legal to conceal.   This sounded a little fuzzy to me. Can anyone confirm this before I go out and buy one?

Seems strange because the knife is meant to be a "pocket knife"  how can you carry the thing without concealing it??

If I wanted to carry such a knife, would it only be legal for me to use the belt clip with the knife on the outside of my clothing?  

Can someone shed a little light on the subject.  Many thanks.

Link Posted: 6/15/2009 6:07:46 AM EDT
[#1]
The North Carolina General Statutes

14‑269.2. Weapons on campus or other educational property.

(a) The following definitions apply to this section:

(1) Educational property. – Any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any board of education or school board of trustees, or directors for the administration of any school.

(1a) Employee. – A person employed by a local board of education or school whether the person is an adult or a minor.

(1b) School. – A public or private school, community college, college, or university.

(2) Student. – A person enrolled in a school or a person who has been suspended or expelled within the last five years from a school, whether the person is an adult or a minor.

(3) Switchblade knife. – A knife containing a blade that opens automatically by the release of a spring or a similar contrivance.



So you cant have one on school grounds.



NCGS says

14‑269.6. Possession and sale of spring‑loaded projectile knives prohibited.

(a) On and after October 1, 1986, it shall be unlawful for any person including law‑enforcement officers of the State, or of any county, city, or town to possess, offer for sale, hold for sale, sell, give, loan, deliver, transport, manufacture or go armed with any spring‑loaded projectile knife, a ballistic knife, or any weapon of similar character. Except that it shall be lawful for a law‑enforcement agency to possess such weapons solely for evidentiary, education or training purposes.

(b) Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor. (1985 (Reg. Sess., 1986), c. 810, s. 1; 1993, c. 539, s. 167; 1994, Ex. Sess., c. 24, s. 14(c).)


This law is exclusively for the projectile knives that were on the market 20 years ago. It was never intended for switch blades.

Go to the Source.

North Carolina General Statutes Chapter 14
http://ftp.legislature.state.nc.us/enactedlegislation/statutes/html/bychapter/chapter_14.html


It is not currently Illegal in NC to buy or sell these knives.

G.S.14‑269. Carrying concealed weapons
(d) 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, 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

So while legal to buy or possess getting cought carrying one can get you a Concealed weapon charge.


Fed law MAY prohibit automatic knives, so don't get picked up by the feds.


NOI
Link Posted: 6/15/2009 6:57:38 AM EDT
[#2]
Thanks for the information.  Appreciate the sources too.  

I dont suppose having a concealed handgun permit would make any difference?
Link Posted: 6/15/2009 6:59:38 AM EDT
[#3]
Quoted:
Thanks for the information.  Appreciate the sources too.  

I dont suppose having a concealed handgun permit would make any difference?




Zero.

In NC it is a concealed HANDGUN permit.
only covers one handgun
Link Posted: 6/15/2009 7:12:39 AM EDT
[#4]
Thanks nooneimportant

Appreciate the info.
Link Posted: 6/15/2009 8:30:47 AM EDT
[#5]
They are legal to carry OPENLY only
Link Posted: 6/15/2009 8:33:06 AM EDT
[#6]
Can you tell me what you mean by openly?   Do you mean if they are carried in a visible location,  as if worn on a belt?
Link Posted: 6/15/2009 8:51:51 AM EDT
[#7]
Where a law enforcement officer can see it.

The same applies to most knives, not just switchblades

Link Posted: 6/15/2009 9:45:24 AM EDT
[#8]
Thanks CRC

Clear enough.
Link Posted: 6/15/2009 11:46:00 AM EDT
[#9]
Quoted:
Quoted:
Thanks for the information.  Appreciate the sources too.  

I dont suppose having a concealed handgun permit would make any difference?




Zero.

In NC it is a concealed HANDGUN permit.
only covers one handgunHANDGUNS



I fixed it for you.
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