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** NORTH CAROLINA KNIFE LAWS
The Great Seal of the State O North CarolinaNorth Carolina knife laws are wordy and may be difficult for anyone without legal training to follow. This article describes both the statutes and Court decisions, or case law, concerning the ownership and carrying of knives in North Carolina, and puts it all in a language and order that makes it easy to read and follow.
WHAT IS LEGAL TO OWN
It is legal to own bowie knife
It is legal to own a dirk, dagger, or other stabbing knife
It is legal to own a switchblade
It is legal to own a gravity knife
It is legal to own a disguised knife, such as in a pen or lipstic
WHAT IS ILLEGAL TO OWN
- It is illegal to own any spring-loaded projectile knife
- It is illegal to own a ballistic knife
- It is illegal to own any weapon of similar character to a projectile or ballistic knife
WHAT THE LAW STATES
§ 14-269. Carrying concealed weapons
(a) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind, except when the person is on the person’s own premises….
RESTRICTIONS ON CARRY
- It is illegal to conceal carry a bowie knife
- It is illegal to conceal carry a dirk
- It is illegal to conceal carry a dagger
- It is illegal to conceal carry a butcher knife
- It is legal to conceal carry a pocketknife
- It is legal to open carry any legal knife
- It is illegal to open or conceal carry any knife on a school campus, state property, or into a Courthouse
- It is illegal to open or conceal carry any dangerous weapon at a parade, funeral procession, picket line, or demonstration upon any private health care facility
DEFINITIONS OF VARIOUS TYPES OF KNIVES
North Carolina statute defines a pocket knife as a small knife, made to carry in a pocket or purse, which has its cutting edge and point entirely enclosed by the handle, and that may not be opened by a throwing, explosive, or spring action.
A switchblade is defined by statute as a knife containing a blade that opens automatically by the release of a spring or a similar device.
Neither the statues of North Carolina, nor the case law, define any other type of knife.
DEFINITION OF A DANGEROUS WEAPON
A dangerous weapon includes bowie knives, dirks, daggers, or any weapon of like kind, a switchblade, or any object capable of causing serious injury or death if used as a weapon.
DEFINITION OF CONCEALED
In order to be convicted of carrying a concealed weapon, one must have the intent to conceal it. In 1882, in State v. C. F. Gilbert, the Supreme Court of North Carolina found that Mr. Gilbert had not meant to conceal the weapon he was carrying in his front pocket, but was merely transporting it from one place of business to another, and was therefore not guilty of carrying a concealed weapon. In State v. Dixon, in 1894, the Court found that it did not matter what a persons’ intention in carrying a concealed weapon was, the only intention that mattered was whether the carrier intended to conceal the weapon. It then upheld Mr. Dixon’s conviction for carrying a concealed weapon, even though he carried it only for the lawful purpose of selling it. In this decision, the Court overruled prior case law, specifically State v. Harrison, where in 1885, it had found that Mr. Harrison could not be convicted of the concealed carry of a weapon that he carried only for the lawful purpose of trading it.
According to State v. McManus, a concealed weapon may either be concealed on the carriers’ person, or “about his person”, meaning that a weapon concealed within the reach and control of a defendant, is a concealed person for the purpose of North Carolina’s concealed carry statute. In State v. Gainey, the Court found that this means that a weapon hidden inside a vehicle may be a concealed weapon for the purpose of the conceal carry law. However, in the case of State v. Soles, the Court found that a gun concealed inside a backpack in Mr. Soles’ van, was not a concealed weapon under the statute, because the backpack was located in such as place as it could not be said that Mr. Soles had easy access to the gun.
DEFENSES TO CONCEAL CARRY LAW
N.C. Gen. Stat. § 14-269 provides a defense to the conceal carry law for weapons that are not a firearm; that you were engaged in, or on your way to or from an activity, in which the weapon is legitimately used, you used the weapon for that purpose, and you did not attempt to use the weapon for any illegal purpose. The statue does not describe any specific activities that a person must be engaged in when carrying a concealed weapon and the case law is silent on the issue. Commonly recognized activities where one would carry a knife, however, include hunting, fishing, trapping, and farming.
WHEN THE OPEN CARRY OF A KNIFE MAY BE ILLEGAL
In 1843, in the case of State v. Huntley, the Supreme Court of North Carolina found that while a person may open carry any weapon, which is not illegal to own, for any lawful purpose, he or she may not do so in order to terrify or alarm the public. The Court held that though there is no statute prohibiting such carrying; it was a common law offense for which a person could be indicted.
CONCLUSION ON NORTH CAROLINA KNIFE LAW
It is illegal to own a spring-loaded projectile knife, ballistic knife, or any similar weapon in North Carolina. However, “spring-loaded projectile knife” and “ballistic knife” are not defined by either statute or case law.
North Carolina allows for the open carry of any legal weapon, so long as you are not carrying it in order to terrify or alarm the public. It does not allow for the concealed carry of bowie knives, dirks, daggers, or butcher’s knives.
SOURCES
- N.C. Gen. Stat. § 14-269 (2013)
- N.C. Gen. Stat. § 14-269.6 (2013)
- N.C. Gen. Stat. § 14-277.2 (2013)
- State v. C. F. Gilbert, 87 N.C. 527 (1882)
- State v. McManus, 89 N.C. 555 (1883)
- State v. Erwin, 91 N.C. 545 (1884)
- State v. Gainey, 160 S.E.2d 685 (1968)
- State v. Huntley, 3 Ired. Law 418 (1843)
- State v. Dixon, 19 S.E. 364
- State v. Soles, 662 S.E.2d 564 (2008 N.C. App.)
- State v. Harrision, 93 N.C. 605 (1885)**