Author Topic: OC Knife laws?  (Read 2699 times)

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jk922

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OC Knife laws?
« on: February 12, 2011, 03:13:46 PM »
While this is not really related to the OC of handguns, it is related to OC so I am posting here in this area under MISC.

I carry a Becker BK2 made by KaBar as my utility knife while camping and etc. Is this legal to OC in Alabama?

Here are some knife laws:
Xxxx
Section 13A-11-50
Carrying concealed weapons.
Except as otherwise provided in this Code, a person who carries concealed about his person a bowie knife or knife or instrument of like kind or description or a pistol or firearm of any other kind or an air gun shall, on conviction, be fined not less than $50.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
XXX

Now the way this reads “…concealed about his person a bowie knife or knife or instrument of like kind …” a person can not have ANY knife concealed. That means 3” folders, 4 inch straight or whatever. But there is some case law clarifying this that I will mention later.

Here is another mention
XXX
Section 13A-11-55
Indictment for carrying weapons unlawfully; proof.
In an indictment for carrying weapons unlawfully, it is sufficient to charge that the defendant carried concealed about his person a pistol, or other description of firearms, on premises not his own, or a bowie knife, or other knife or instrument of the like kind or description, or other forbidden weapon, describing it, as the case may be; and the excuse, if any, must be proved by the defendant on the trial, to the satisfaction of the jury; and if the evidence offered to excuse the charge raises a reasonable doubt of the defendant's guilt, the jury must acquit him.
XXX

OK I found some case law
xxxx
A "bowie knife" ordinarily designates a long knife shaped like a dagger but having only one edge, and does not include a knife which opens and shuts and is not too large to be carried in a trouser's pocket as pocket knives are usually carried. Smelley v. State, 472 So. 2d 715 (Ala. Crim. App. 1985).

"Lock-blade" knife not included. - The "lock-blade" knife in this case was merely a type of pocket knife, the blade of which was capable of being locked open to prevent an accidental or unexpected folding of the blade. It does not fall within the statutory prohibition against carrying a concealed "bowie knife or knife or instrument of like kind or description." Smelley v. State, 472 So. 2d 715 (Ala. Crim. App. 1985).
xxx

So the question stands, can you open carry a "bowie" knife or large straight knife like the Becker BK2? I think the rule of thumbs is that if a law does not clearly restrict an action then the action is legal. I have not seen anything to note a restriction.

Comments?

Ranger

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Re: OC Knife laws?
« Reply #1 on: February 12, 2011, 03:45:49 PM »
Open carry of any weapon is legal, period. Carrying a large knife concealed is illegal as stated in the law. A concealed license is for pistol only and is usually called such and states so on the license itself that it represents license (freedom of action) to carry a PISTOL concealed. There is no KNIFE license to allow concealed carry of a knife of any type. You might be questioned about it and we have no reference to a MWAK (man with a knife) call to the police. However, there is always a first time and if you want to be the first to test the laws, by all means, go ahead! You may want to ckeck the latest story added to the "This Is Why We Carry" thread!
Always engage your brain before you pull your gun...a quick wit is the best safety device for any gun! If you can't control your tongue, your temper or your tendency to act like a fool, you have no business carrying a gun! The rest of us will scout Boot Hill for your final resting place.

jk922

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Re: OC Knife laws?
« Reply #2 on: February 13, 2011, 06:28:19 AM »
I think that you are talking about the "THIS is why we go armed" thread. I have read the beginning of that thread but never made it to the end. Went ahead and jumped to the end and read the last 12 or so posts.

It is not the fact that I want to stroll through Walmart OC'ing a knife. Don't have any Rambo fetishes or anything, but I have had to come in from the woods while carrying and when into a convenience store for more bait or to satisfy a caffeine craving while wearing. I never have really thought about it too much and just wanted to see the thoughts of others. And I always wear the knife open carry. I do have a swiss army knife I carry in my pocket as an EDC but that is legal to carry CC.

Have never been hassled by it in the past except when I was a teenager one time, but that was by a store owner. (weird story) Think he was just antigun/antiknife/antirock in your hand type of person.

Ruger .454

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Re: OC Knife laws?
« Reply #3 on: February 19, 2011, 06:59:44 AM »
It's an obvious statement and I genuinely don't like making it, but it is a great deal less trouble to take off a knife and leave it in your vehicle or make use of your permit and conceal your handgun than it is to be interviewed by a law enforcement officer.  It takes mature judgment to do what we do and do it well.  Failure to exercise that judgment can be unpleasant, expensive, and even life changing.
"I would never invade the United States.  There would be a gun behind every blade of grass."  - Admiral Isoroku Yamamoto, Imperial Japanese Navy

Jonathon Norris

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Re: OC Knife laws?
« Reply #4 on: February 19, 2011, 08:35:09 AM »
@jk922  Talk to Mystic Lemur, he OC's a knife.
Before all else, be armed.
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There is no avoiding war; it can only be postponed to the advantage of others.
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dvfd1873

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Re: OC Knife laws?
« Reply #5 on: February 19, 2011, 11:22:00 AM »
I saw a guy being arrested before at University Mall here in Tuscaloosa for carrying a blade-type weapon.
It was a katana.  Not exactly sure what he was doing with it anyway...seems kind of restricting while shopping.
"Any man who will sacrifice sacred liberty for temporary safety deserves neither."
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"Why do you carry a gun?" "Because a cop is too heavy."

Mystic Lemur

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Re: OC Knife laws?
« Reply #6 on: February 27, 2011, 01:06:55 AM »
@jk922  Talk to Mystic Lemur, he OC's a knife.
You rang?

It is true. I do, irregularly, open carry a good ole fashioned bowie knife. I like the way it looks on my belt, and the way it fits in my hand, and I've never been stopped by an LEO because of it. Luckily. And I say luckily, because of the number of cities that have laws on the books against carrying knives and other weapons, concealed or openly in some cases. That's why I don't carry it much anymore. I don't have the time or the inclination to hunt down a copy of every municipal code for every city I may travel through. I think it would be a shame to be thrown in jail because a cop didn't like me OCing a pistol, and was able to get me on a knife charge. >:(

 


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