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Legal issues with carrying a knife in the US?

us Offline getpower

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Legal issues with carrying a knife in the US?
on: February 23, 2008, 07:51:20 PM
Are there any legal issues with carrying knives in the US?

I always carried a Kershaw Scallion until yesterday when my dad said I shouldnt because of what the police can say about it.

He said I could get in trouble for carrying such a knife.

What about being under the age of 18 and carrying a knife (right now I am only 17)?


Offline Anthony

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Re: Legal issues with carrying a knife in the US?
Reply #1 on: February 23, 2008, 09:21:39 PM
Local laws vary...as does the mood the police are in if you're ever searched.

I know here in RI you can't carry a fixed blade with a blade bigger then 3", and the usual "no daggers, no switchblades, no gravity knives, no martial arts knives, etc" 
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us Offline felinevet

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Re: Legal issues with carrying a knife in the US?
Reply #2 on: February 23, 2008, 09:45:38 PM
Are there any legal issues with carrying knives in the US?

I always carried a Kershaw Scallion until yesterday when my dad said I shouldnt because of what the police can say about it.

He said I could get in trouble for carrying such a knife.

What about being under the age of 18 and carrying a knife (right now I am only 17)?

The whole issue of assisted opening folders is being scrutinized by many states. Many are trying to find ways to ban them, either through legislation or through court definition of them as "automatic". You would do well to check into your jurisdiction's laws and interpretations.
T


us Offline Smitty44

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Re: Legal issues with carrying a knife in the US?
Reply #3 on: February 23, 2008, 10:12:44 PM
Go to this web site,and pick out your state,should help http://home.netcom.com/~brlevine/sta-law.htm


Good luck, Ret. Chief Smith


us Offline Splat

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Re: Legal issues with carrying a knife in the US?
Reply #4 on: February 24, 2008, 03:09:47 AM
The only way to find out the truth is ask a local judge. Who should know the laws better than him/her, eh?  ::)   When it comes to police, you'll get a different answer about knife laws from each cop you ask.
Splat


Offline Leatherman123

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Re: Legal issues with carrying a knife in the US?
Reply #5 on: February 24, 2008, 03:13:57 AM
Where I live I believe its legal if it is under six inches and I have also heard it has to be the same width as your palm!
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scotland Offline Sea Monster

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Re: Legal issues with carrying a knife in the US?
Reply #6 on: February 24, 2008, 03:23:15 AM
Quote
Where I live I believe its legal if it is under six inches

Well you'll never get in trouble then....


Okay, that was awful.


Anyway - here it has to be <3" I understand. (My usual is 2.8")


Offline Leatherman123

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Re: Legal issues with carrying a knife in the US?
Reply #7 on: February 24, 2008, 03:30:50 AM
That was low brother!  :pok:  :D
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us Offline NutSAK

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Re: Legal issues with carrying a knife in the US?
Reply #8 on: February 24, 2008, 03:54:30 AM
The Scallion wouldn't be an issue here in MO.  YMMV, depending on state.
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us Offline ducktapehero

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Re: Legal issues with carrying a knife in the US?
Reply #9 on: February 24, 2008, 04:10:20 AM
The Scallion wouldn't be an issue here in MO.
Nope, hell they sell them at my local Wal-Mart. I got one a few months ago but after 2 or 3 times of pulling it out of my pockets and realizing the safety wasn't on scared me enough to return it. The bodily stuff near my pockets is WAY TOO VALUABLE to mess around with that. I'm pretty broken but that part still works, I'd like to keep it that way.
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scotland Offline Sea Monster

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Re: Legal issues with carrying a knife in the US?
Reply #10 on: February 24, 2008, 04:39:34 AM
Quote
Nope, hell they sell them at my local Wal-Mart.

Likely is they sells fags and rubbers too, but those get frowned at when used by the kiddies.

17 eh? Could be our youngest member.

The Scallion seems a reasonably sensible knife (not that Laws and Sense are necessarily related issues)

I generally don't approve of Assisted opening.

I can see the sense in it, but it generally turns out to be favoured by smurfs more than people who may legitimately have need for such a thing.

My Weapon of Choice is not even One-handed, let alone assisted, and I've never felt any less capable because of it.

Anyway, I'm not even going to guess at the laws of your country, as far as I can gather, y'all seem to think the right to have a militia in times of crises or corrupt government means more or less free reign to do whatever, whenever.




(As an aside - While not a huge "assisted" opener fan ie. those with springs or launchers -, I do love butterfly or blades that can be swung open with momentum etc.


us Offline ducktapehero

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Re: Legal issues with carrying a knife in the US?
Reply #11 on: February 24, 2008, 04:49:06 AM
Quote
Likely is they sells fags and rubbers too, but those get frowned at when used by the kiddies.
17 year old can buy rubbers, and I'm assuming fags is cigarettes and usually "kids" that age don't get bothered by the cops if they're caught.
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Offline FredKJ

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Re: Legal issues with carrying a knife in the US?
Reply #12 on: February 24, 2008, 06:53:59 AM
This is one I think has been visited before.  Laws differ widely from state to state and even in specific municipalities.  Then there is the cop is having a bad day factor.  Assisted opening can raise eyebrows.  It almost has more to do with perceived threat factor than the law.  Typically though if it folds and the blade is under 3 inches you aren't going to be messed with.  Of course if a cop is looking for a reason that's another story.  Remember that in school they will send you to Gitmo and do the waterboarding thing.  That's a shame.  My teachers used to borrow my pocket knife.  For everyday carry you might consider a Swiss Army knife.  The perceived "threat factor"(and this has more to do with being messed with) carrying a SAK is much lower.  "Perceived threat factor"(PTF) I gave us a new acronym, can have more bearing than a specific law.  If you get your knife out for some mundane task like opening a box around people it will have a lot to do with will it freak the people out.  It's far better here in the states than in some places like England.  In pragmatic practice you really won't have much to worry about as long as you are not flashing it around.  Remember don't take it to school.  Times have changed in that environment.  I was 8 or 9 when my dad gave me my first Barlow knife and I have carried one on me ever since.  Also remember to leave it at home when you are going to a government building like a courthouse.  A while back I went to get a new social security card and found they had a "weapons" check at that government office.  Had to cash my SAK in a flowerpot downstairs.  Don't worry too much though.  Aside from schools, airports and government places you really aren't going to be messed with.


scotland Offline Sea Monster

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Re: Legal issues with carrying a knife in the US?
Reply #13 on: February 24, 2008, 07:10:24 AM
Quote
17 year old can buy rubbers, and I'm assuming fags is cigarettes and usually "kids" that age don't get bothered by the cops if they're caught.

I'm not worried what the cops bother with, just making the point that because something is "sold at walmart" - doesn't say anything about the laws regarding its use (esp. in public).


Schools seem to come up a lot when we discuss knifey laws.

Maybe I just don't watch enough news - Have their been some really impressive stabbings that I didn't hear about? Why the special note for schools all the time.

At least locally, no one seems to give a rats arse about Knives. People don't blink, and I guess the cops have better things to do.

Generally I don't think about it, but I suppose I might consider this a blessing if other folk are getting mobbed every time they carry a blade.

On the other hand, maybe the only people who get in trouble are those who were acting like tools and had it coming.

My experience on the matter is worth just about sweet sod all to you, since I'm in another country, I'm old enough not to look like a troublemaker, and I rarely hang out at Airports or Courtrooms.


If all else fails - Carry a small apple with you everywhere you go.
Cutting fruit is an instant "legitimate reason" - which in Oz and Pomland, is required to carry a knife.
« Last Edit: February 24, 2008, 07:16:07 AM by Nomad »


us Offline Spoonrobot

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Re: Legal issues with carrying a knife in the US?
Reply #14 on: February 24, 2008, 07:14:32 AM
Quote
17 year old can buy rubbers, and I'm assuming fags is cigarettes and usually "kids" that age don't get bothered by the cops if they're caught.

I'm not worried what the cops bother with, just making the point that because something is "sold at walmart" - doesn't say anything about the laws regarding its use (esp. in public).


Schools seem to come up a lot when we discuss knifey laws.

Maybe I just don't watch enough news - Have their been some really impressive stabbings that I didn't hear about? Why the special note for schools all the time.

Access to Federal funding is tied into the adoption of certain policies within schools. Zero Tolerance against weapons/drugs is one of those policies. Having a knife in school is usually a cause for expulsion and/or arrest because of this. Thus there are a lot of attention-getting news briefs about little Johnny getting expelled because of a butterknife from home or one of those Leathermans in his bookbag.

Every one gets to get all up in a huff when they read the stories and share their own stories about how things were different when they were younger. It's a lot of fun.  ;)


scotland Offline Sea Monster

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Re: Legal issues with carrying a knife in the US?
Reply #15 on: February 24, 2008, 07:20:54 AM
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Every one gets to get all up in a huff when they read the stories

Getting in a huff over news (ideally from far away places, because that sort of thing doesn't happen here), is an important civic duty!

If it happens to be local news, such huffing can even be cause for forming committees, and we all know committees are serious business.


Offline FredKJ

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Re: Legal issues with carrying a knife in the US?
Reply #16 on: February 24, 2008, 07:30:47 AM
Schools are definitely the hot spot since this guy is 17.  It is insane but the real world we live in.  Just be sure not to forget to leave your knife at home when going to school and don't have it in your pocket, backpack or car on school property.  Other than that use some basic "common sense" and there shouldn't be any problems. 


scotland Offline Sea Monster

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Re: Legal issues with carrying a knife in the US?
Reply #17 on: February 24, 2008, 07:34:19 AM
Quote
Just be sure not to forget to leave your knife at home when going to school and don't have it in your pocket, backpack or car on school property.  Other than that use some basic "common sense" and there shouldn't be any problems.

Are we suggesting that they actively look for knives?

Stop talking in class!. Incidentally, are you carrying a knife?


Collect your books from the library, and submit to a cavity search!


england Offline Benner

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Re: Legal issues with carrying a knife in the US?
Reply #18 on: February 24, 2008, 09:35:51 AM
Where I live I believe its legal if it is under six inches and I have also heard it has to be the same width as your palm!

Aren't you a cop? 
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us Offline Spoonrobot

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Re: Legal issues with carrying a knife in the US?
Reply #19 on: February 24, 2008, 09:45:44 AM
I think the palm thing is an urban legend that sprung up in the 60s to deal with Black activists.

I've done quite a bit of reading of state statutes and haven't ever seen any wording to that effect.

Outside of general state laws that can be found by doing a little googling and law dealing with switchblades the only legal issues I have seen have been related to New York City. There has been at least one documented case of a person getting cited/knife confiscated for having a knife clipped to his pocket and several second hand stories with similar events occuring in that city.

Of course this issue gets complicated when you take in different municipalities, knife types, carrying while commiting a crime and so forth but generally it's legal to carry a reasonable pocket knife across the U.S.

What a reasonable pocket knife is, I'm not entirely sure.


Offline FredKJ

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Re: Legal issues with carrying a knife in the US?
Reply #20 on: February 24, 2008, 01:07:50 PM
"Reasonable" hmm...  While laws vary somewhat you are generally ok if the blade is under 5 inches, some laws say 2.5 and it's folding.  Locking blades and assisted opening sometimes get laws against them but not too often.  But if the knife "looks bad" it can raise eyebrows.  Another important point was brought up.  If you are commiting a crime it can become defacto a weapon.  Generally if you are engaged in behavior that would attract police attention for some other reason a cop might charge you.  For someone 17 this is important in knowing who you are hanging with and what you are doing. 

My Wenger S557 has a locking mechanism as well as some multitools like a Gerber which technically might be illegal if there is a law against locking blades.  I don't think a cop would go out of his way to get me for the S557. 


us Offline ducktapehero

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Re: Legal issues with carrying a knife in the US?
Reply #21 on: February 24, 2008, 04:29:58 PM
Quote
I'm not worried what the cops bother with, just making the point that because something is "sold at walmart" - doesn't say anything about the laws regarding its use

If something is illegal then it wouldn't be sold at Wal-Mart now would it? And people under 18 are not forbidden to carry a knife here. So if someone under 18, outside of school, is carrying a small pocketknife they bought at Wal-Mart they probably aren't going to be bothered about it here in the state of Missouri. Especially outside of Kansas City and St Louis. So yes, it does matter. Please note, I'm not talking about Australia, or NY or even Bangladesh. I'm talking about where I live.
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Offline Leatherman123

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Re: Legal issues with carrying a knife in the US?
Reply #22 on: February 24, 2008, 05:47:43 PM
Thats like here in Massachusetts. Slingshots are illegal but they sell them at Dicks sporting goods and the new BassPro has them... I have taken away about 10 slingshots from minors. In my locker at work I have so many slingshots, blow guns, and even BB guns... Kids these days don't know when to leave stuff at home!
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Offline cryptrick

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Re: Legal issues with carrying a knife in the US?
Reply #23 on: February 24, 2008, 07:03:59 PM
Thats like here in Massachusetts. Slingshots are illegal but they sell them at Dicks sporting goods and the new BassPro has them... I have taken away about 10 slingshots from minors. In my locker at work I have so many slingshots, blow guns, and even BB guns... Kids these days don't know when to leave stuff at home!

So when you nab stuff of people you get to keep them? So you could nab multitools for being dangerous and find yourself with a stash of multis to keep. Now we know why you're in that job :D ;)
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us Offline Mike

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Re: Legal issues with carrying a knife in the US?
Reply #24 on: February 24, 2008, 07:29:25 PM
Even if a knife is defined as illegal in your area doesn't necessarily mean you will get busted for it. Just as even if a knife is defined as legal in your area doesn't mean you won't get busted for carrying it. I am not a cop or in law enforcement, however in my small community (Washington State) kids are still allowed to carry pocket knives to school. As long as they are not being brandished or used in a threatening manner.

Now, there are many variables here and it's at the discretion on school officials and local law enforcement to decide all these things if/when it comes into question. This goes for adults in public as well. Our local law enforcement folks are good people, our neighbors. They would rather not have to ticket you or lock you up for small things like pocket knives. Particularly since most of those that carry them around here need them to do their jobs. The police recognize this and don't worked up over people with knives on their belts or in their pockets, in fact they don't give it a second glance.

Guess there is no definitive answer to this because it all depends on the situation and how the police want to proceed, defined as legal or not. You roll the dice and you take your chances.

Mike
Common sense ..... so rare, it's virtually a super power.


Offline Leatherman123

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Re: Legal issues with carrying a knife in the US?
Reply #25 on: February 24, 2008, 07:31:52 PM
All the stuff was confiscated because one they were minors and two they were using it publicly! But on one occasion I got a Cold Steel AK-47! I wonder how the kid ended up with that!/?
B


 

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