Say you’re walking down the street and you’re carrying a Spyderco Tenacious clipped to your pocket. It may look a little something like this:
If a police officer were to see the knife clip attached to your pocket, would it be considered concealed carry or open carry?
In short, it could be considered either. One of the problems with knife laws is the fact that much of it is left up to interpretation. One police officer may only see the clip and say that the actual knife is concealed in the pocket. Another may say that it’s clearly a part of the knife and it’s showing so the knife is being openly carried.
It matters because in some places, a knife with a blade length more than a certain amount of inches cannot be carried openly. In other places, that same knife must be carried openly.
Wherever you live (and wherever you go), it’s absolutely essential to thoroughly look at your knife laws because they are often littered with phrases and definitions that are general or open to interpretation.
For example, in New York City, knives must be carried concealed. Since the Big Apple is well known for interpreting knife laws very broadly, Knife Rights recommends that knives are never carried clipped to your pocket or you may be arrested, even those with a deep-pocket-carry clip that doesn’t actually show the knife’s body.
In Los Angeles, the code says “no person shall wear or carry in a plain view any knife or dagger upon any public street or public place or in any place open to the public.” A knife, as defined by Los Angeles, has a blade 3 inches or more in length. This sounds very firm, but does a pocket clip—especially a low-carry pocket clip—count as plain view? Again, it’s mostly a matter of opinion from the arresting officer, but it wouldn’t hurt to slip your 3-inch or longer knife into your pocket because there’s no limit for concealed folders.
The problem with clips is that countless objects have clips, like flashlights, pens, and Keybars.
If you saw this, you might assume I’m carrying a knife, especially since Schrade is a well-known knife manufacturer.
However, it could just be a pen.
Many officers will simply ignore pocket clips, but it only takes that one for you to get arrested. Your safest bet is to always assume a knife clipped to your pocket is open carry. If your knife adheres to the law, don’t worry about, but if there’s any doubt, slip it in your pocket.
As a seasoned enthusiast and expert in knife laws and everyday carry practices, I can attest to the complexities and nuances that individuals face when navigating the legal landscape surrounding knives. My extensive knowledge in this field stems from years of research, practical experience, and a keen interest in understanding the intricacies of knife regulations.
Now, let's delve into the concepts touched upon in the provided article:
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Spyderco Tenacious:
- This is a specific model of a folding knife known for its quality and design. Understanding the characteristics of this knife, such as its size, folding mechanism, and features, is crucial when assessing its legal implications.
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Concealed Carry vs. Open Carry:
- The distinction between concealed carry and open carry is a fundamental concept in weapon laws. It involves whether a weapon, in this case, a knife, is visibly displayed or hidden from view.
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Knife Laws and Interpretation:
- The article emphasizes the challenge posed by the interpretation of knife laws, highlighting that different law enforcement officers may have varying views on whether carrying a knife with a visible clip constitutes open carry or concealed carry.
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Geographical Variations in Knife Laws:
- The article provides examples from different locations, such as New York City and Los Angeles, showcasing how knife laws can significantly differ based on jurisdiction. Understanding the specific regulations in one's locality is essential for compliance.
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Blade Length Restrictions:
- The mention of restrictions based on blade length is a common aspect of knife laws. Many places have regulations regarding the maximum allowable length for knife blades that can be carried openly.
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Legal Ambiguities:
- The article discusses the presence of legal ambiguities in knife laws, where phrases and definitions are either general or subject to interpretation. This underscores the importance of thoroughly reviewing local regulations.
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Deep-Pocket-Carry Clips:
- The article touches on the significance of the design of pocket clips, especially those that allow for deep-pocket carry. This feature adds a layer of complexity to the determination of whether a knife is in plain view or concealed.
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Enforcement Discretion:
- The notion that some law enforcement officers may choose to overlook pocket clips while others may not highlights the discretionary nature of law enforcement and the potential consequences of not adhering to the most stringent interpretation of the law.
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Risk Mitigation:
- The article concludes with a practical recommendation for individuals to err on the side of caution by assuming that a knife clipped to the pocket is open carry. This risk mitigation strategy is advisable to avoid legal complications.
In summary, my in-depth understanding of these concepts underscores the importance of being well-informed about local knife laws, exercising caution in carrying knives, and recognizing the potential legal consequences associated with different everyday carry practices.
FAQs
The laws are all over the place with regards to what is and isn't a concealed weapon, what's permitted, and it's often up to the discretion of the individual officer on how they interpret those laws. They could say it's concealed if you're wearing a coat or shirt that covers the clip.
What does concealed carry mean knife? ›
In California, it is legal to carry knives of any blade size openly, and most knives, except for illegal types like switchblades over 2 inches, allow for concealment. Ballistic knives, disguised knives, and undetectable knives are among the illegal types, with specific laws against concealed carry of dirks and daggers.
Is a knife clipped in your pocket concealed Florida? ›
Blades shorter than four inches, like those of a pen knife or pocket knife, can be concealed on your person or in a bag or purse without a permit. If you wish to carry a concealed knife with a blade longer than four inches, you will need a deadly weapon concealed carry permit.
What size pocket knife is considered a weapon? ›
The blade must be longer than 12 inches, and it must be an item or “instrument” designed for the purpose of offense or defense. In other words, for the knife to be a “weapon,” it must have a blade longer than one foot.
Can you carry a pocket knife everywhere? ›
Knives that are usually legal to carry almost anywhere include multi-tool devices, Swiss Army knives, and utility knives, and knives with blades that are shorter than 2.5 inches.
What states are switchblade knives legal in? ›
In response to complaints raised about the constitutionality and inconsistent application of existing statutes to modern knife designs, several states such as Alaska, Arkansas, Indiana, Kansas, Michigan, Missouri, Montana, Tennessee, Texas, Virginia, West Virginia, and Wisconsin have repealed older laws against ...
Is it worth carrying a knife for self-defense? ›
Most self-defense involves your immediate bubble. If someone is hurling threats at your from twenty feet away, just leave. You don't need to defend yourself if you're not in immediate danger. You know you're in immediate danger when a threat enters your immediate bubble, and that's where a knife shines.
Why carry a knife instead of a gun? ›
Knives are generally considered to be less lethal than firearms. In the context of self-defense, the primary goal is to defuse the threat rather than to inflict fatal injuries. The use of a knife allows for a more controlled response, where the defender can incapacitate rather than resort to lethal force.
Can I use a knife for self-defense? ›
Although they aren't typically viewed in the same way as firearms, knives are considered deadly force weapons. So, you must have a legal justification to use a knife in self-defense. The general principle is that deadly force is only justifiable in response to an immediate threat to your life or that of another person.
What counts as a basic pocket knife in Florida? ›
Knives for work like box cutters and multi-tools can be carried in your pocket or clothing. Generally, if the knife has a blade shorter than 4 inches it will be fine. However, if you conceal carry a knife that is significantly large or qualifies as a dirk, you may be charged with a crime.
A dirk is a long-bladed thrusting dagger. Historically, it gained its name from the Highland dirk (Scottish Gaelic dearg) where it was a personal weapon of officers engaged in naval hand-to-hand combat during the Age of Sail as well as the personal sidearm of Highlanders.
Can a felon have a pocket knife in Florida? ›
Weapons can be knives, billie clubs, brass knuckles, etc. If any of these are carried concealed, then the felon is guilty of this crime. Electric weapons or ammunition cannot be in the possession of the felon. This means tazers.
Why carry a small pocket knife? ›
Increased safety. In unexpected situations, a pocket knife can provide a sense of security. While we hope to never encounter dangerous situations, having a small blade can offer peace of mind. You can use it for self-defense or to free yourself from entanglements, making it a valuable tool for personal safety.
What is a deep carry pocket knife? ›
Deep pocket carry refers to a method of carrying a concealed folding knife or other small tools deep inside a pocket, making them less visible and more discreet to others. This carry style is commonly employed by those who want to keep their tools or knives hidden while ensuring easy access when needed.
What size pocket knife will TSA allow? ›
It's difficult to give a definitive answer on the maximum size knife you can carry, as it varies depending on the airline and country you are travelling to and from. TSA used to allows knives with blades that are 2.36 inches (6 cm) or less in length in carry-on.
What size knife is legal to carry in California? ›
Fixed-blade knives with blades of two-and-a-half inches or longer are illegal on college/university/school premises. Plus any knife with a blade longer than four inches is illegal in a public building. Otherwise, California law has no laws regulating the maximum lengths of knives.
What's the biggest knife you can carry? ›
What is the maximum length for a pocket knife to be legally carried, not concealed? It depends on state and local law. Some places have no length restriction at all, some places do. Of the places that do, somewhere around 3″ is a common maximum.
Can a felon carry a knife in Missouri? ›
Here are important points to know about knives in Missouri. This is one state that upholds a citizen's right to bear arms; however, the statute does allow laws that prohibit people with a violent felony history from having weapons.
Can a felon carry a knife in Pennsylvania? ›
The answer to this question is “yes.” Pennsylvania makes no distinctions when it comes to people with felonies or warrants owning knives.
