Bought a knife I can't carry

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I bought a Schrade scha7b assisted opening knife. Upon receiving it, it appears it could be interpeted as an automatic knife in my state ( North Carolina).

Its a neat knife, really sharp out of the package. The problem i see, is the button is not directly part of the blade. I'm not sure this would not be a switchblade in NC.

Even if it is legal, its so switchblade appearing, that i worry about an officers interpretation.

Video below. My knife is black.
 
Open carry - yes.

Concealed carry - no.

My daily carry is a Microtech Ultratech clipped into my right front pocket. I consider it open carry; I'm not trying to hide it. The last time I went into the courthouse I forgot I had it on me until I was going through the metal detector. Told the officer at the entrance what I was carrying and where and he asked to see it. He complimented me on my choice in knives and told me to take it to my glovebox.
 
Originally Posted By: skyactiv
What if you have a CCW?


CCW only applies to pistols, not edged weapons, knives.
 
Keep in mind that in North Carolina "concealed" is defined by intent. I.E. if it is carried clipped to a pocket or belt without intent to conceal - you are within the realm of the law.

It is also legal to open carry any legal weapon in NC unless done with the intent of "terrorizing the public." Your small assisted knife is fine.
 
Originally Posted By: rooflessVW
Keep in mind that in North Carolina "concealed" is defined by intent. I.E. if it is carried clipped to a pocket or belt without intent to conceal - you are within the realm of the law.

It is also legal to open carry any legal weapon in NC unless done with the intent of "terrorizing the public." Your small assisted knife is fine.


I assume you mean clipped so that the body of the knife is outside the pocket? I usually carry with the knife in my pocket, and the clip on the outside of the pocket.

Either way, this will be an around the property work knife now. I'm not going to risk interpretation.
 
Originally Posted By: spasm3
Originally Posted By: rooflessVW
Keep in mind that in North Carolina "concealed" is defined by intent. I.E. if it is carried clipped to a pocket or belt without intent to conceal - you are within the realm of the law.

It is also legal to open carry any legal weapon in NC unless done with the intent of "terrorizing the public." Your small assisted knife is fine.

I assume you mean clipped so that the body of the knife is outside the pocket? I usually carry with the knife in my pocket, and the clip on the outside of the pocket.

Either way, this will be an around the property work knife now. I'm not going to risk interpretation.

I carry with the knife inside and the clip outside, same as I would on my belt. It's there, visible, and you're not trying to hide it. MHO, of course.
 
Get your Concealed Weapons Permit, that usually will allow concealed knives as well. Read your state laws or get legal advice!
 
Last edited:
Originally Posted By: Vern_in_IL
Get your Concealed Weapons Permit, that usually will allow concealed knives as well. Read your state laws or get legal advice!

In NC the CCW only covers concealed handguns, which was already covered in this thread.
 
Originally Posted By: RichardS
Could you perhaps call the local P.D. and ask if you can drop by and get an officers opinion on whether or not it would be an issue?


Officers really don't know. My friend is a city police officer. I asked him, he said all spring assisted knifes are illegal in NC. This is not correct, but you see why i won't carry it and risk interpretation.
 
Is it a spring assisted opening blade? In my mind, if it has a spring to open it, then it is a "switch blade". Not that my mind matters in your state.

Looking around online though, seems that a switchblade is a knife that has tension on the blade when closed, it is being held closed with some type of latch that releases the blade. An assisted knife has no tension on the blade in closed position and does not have a latch keeping the blade secured.
But as you said, what the state defines it as as well as an officer is a different thing.
 
you already raised the main issue: it's left open to interpretation and knowledge of the officer - which is not a good thing. but, basically, if you don't give anyone a reason to question your actions...

kinda like I've never been stopped for heavily tinted windows, and never been stopped for a modified exhaust.
 
Originally Posted By: spasm3
Originally Posted By: RichardS
Could you perhaps call the local P.D. and ask if you can drop by and get an officers opinion on whether or not it would be an issue?


Officers really don't know. My friend is a city police officer. I asked him, he said all spring assisted knifes are illegal in NC. This is not correct, but you see why i won't carry it and risk interpretation.


Oh gag. Though it brings to mind a quote from a judge: "Ignorance of the law is no excuse."
 
Originally Posted By: spasm3
Originally Posted By: RichardS
Could you perhaps call the local P.D. and ask if you can drop by and get an officers opinion on whether or not it would be an issue?


Officers really don't know. My friend is a city police officer. I asked him, he said all spring assisted knifes are illegal in NC. This is not correct, but you see why i won't carry it and risk interpretation.


Yes, I see your point. If one cop would call it an issue and another wouldn't, I would avoid that situation entirely!

Originally Posted By: tomcat27
you already raised the main issue: it's left open to interpretation and knowledge of the officer - which is not a good thing. but, basically, if you don't give anyone a reason to question your actions...

kinda like I've never been stopped for heavily tinted windows, and never been stopped for a modified exhaust.


It's always unpleasant when you have pistols drawn on you over windows. Rolling them all down when stopped doesn't help..
 
Also, police officers REALLY DO NOT like to offer legal advice.

My pocket knife is small. Why someone needs a "mombo warrior" in their pocket is beyond me.

Working with rope as I do I leave my big knife in the tool bag.
 
One of the interesting things to me is how much variability there is in edged weapon laws, even in states that have pretty clear-cut and lenient with regard to firearm laws. That even extends to what constitutes an edged weapon vs. just a pocket knife.

Although this is policy and not law, I look at my own employer-a public university-as an example of this. There again, even though their knife rules are institutional policy, in some ways they're as good as laws as they're enforced by fully deputized officers, although the punishment for violation is expulsion/firing/removal from campus depending on your particular affiliation.

In any case, they say that an "ordinary pocket or hunting knife" is okay. Kentucky law has no bade length guidelines that I can find, although 3" is popularly cited. In any case, I don't think that any reasonable person would consider a Case Medium Stockman with a 2 3/4" primary blade(what I almost always carry, although I have several knives in this pattern) as anything other than an "ordinary pocket knife." Heck, I've even lent it to more than one campus police officer(granted folded
smile.gif
) At the same time, my Case Trapper has a 3 1/2" primary blade that is also much more "substantial" but I think it would also be considered an "ordinary pocket knife." What about an 8" Bowie knife, though? I could easily say that it was an "ordinary hunting knife"-something that it is-but it might cause a lot more alarm.

Similarly, a lot of modern knives, including the now ubiquitous open assist knives, look "scary" but at the end of the day a good sharp folder that looks like grandpa's pocket knife can slice you up just as badly. Unfortunately, though, I think you have to tread carefully as the wrong person can make a case out of it.

BTW, asking the police for legal advice is generally a bad idea and even if they know the laws word-for-word they will often give you the most strict interpretation. With that said, most officers are genuinely good guys(and ladies). When it comes to knives, I doubt anything is going to be an issue unless they feel threatened by you or if they're nailing you for another offense and are trying to make whatever charges they can stick. At the same time, you can't be too careful.

As a side note on switch blades-of course you have to know your state laws. Here in Kentucky, they are perfectly legal to own, carry, and use. You only get into Federal laws against them if you sell them out of state. I don't own any because most of the ones I've handled generally are pretty poor quality.
 
The Police have enough legal means to confiscate almost any knife carried on your person if they really want to. They can confiscate a screwdriver if they want to see it as a burglary tool. It doesn't have to fall under a "prohibited" or "restricted" category. Your best defence is to not put yourself in a position where they would feel it's being carried for nefarious purposes.
 
This is a switchblade variant. It "looks" like a flip assisted knife for all intents and purposes, but it's button is not attached to the blade to flip it open, its a button to switch the blade open. Simple as that.
 
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