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State Knife Laws
These pages were last updated on 3/15/05
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Alabama
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Alaska
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Arizona
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The Code of Alabama 1975. Posted July 9, 2004.
Title 13A Criminal Code
Article 3 Offenses Relating to Firearms and Weapons.
Division 1 General Provisions.
Section 13A-11-50 Carrying concealed weapons.
Section 13A-11-51 Evidence of apprehension of attack may mitigate punishment, etc.
Section 13A-11-52 Carrying pistol on premises not his own; who may carry pistol.
Section 13A-11-53 Brass knuckles and slingshots.
Section 13A-11-54 Carrying rifle or shotgun walking cane.
Section 13A-11-55 Indictment for carrying weapons unlawfully; proof.
Section 13A-11-56 Using firearms while fighting in public place.
Section 13A-11-57 Selling, etc., pistol or bowie knife to minor.
Section 13A-11-58 Sale of firearms or ammunition to residents of adjoining states; purchase in adjoining states.
Section 13A-11-59 Possession of firearms by persons participating in, attending, etc., demonstrations at public places.
Section 13A-11-60 Possession or sale of brass or steel teflon-coated handgun ammunition; applicability of section.
Section 13A-11-61 Discharging firearm, etc., into occupied or unoccupied building, etc., prohibited; penalty.
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.
(Code 1852, �15; Code 1867, �3555; Code 1876, �4109; Code 1886, �3775; Code 1896, �4420; Code 1907, �6421; Code 1923, �3485; Code 1940, T. 14, �161; Code 1975, �13-6-120.)
Section 13A-11-51
Evidence of apprehension of attack may mitigate punishment, etc.
The defendant being tried under the provisions of Section 13A-11-50 may give evidence that at the time of carrying the weapon concealed, he had good reason to apprehend an attack, which the jury may consider in mitigation of the punishment or in justification of the offense.
(Code 1852, �15; Code 1867, �3555; Code 1876, �4109; Code 1886, �3775; Code 1896, �4420; Code 1907, �6421; Code 1923, �3485; Code 1940, T. 14, �162; Code 1975, �13-6-121.)
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Section 13A-11-53
Brass knuckles and slingshots.
Anyone who carries concealed about his person brass knuckles, slingshots or other weapon of like kind or description 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.
(Code 1876, �4110; Code 1886, �3776; Code 1896, �4421; Code 1907, �6422; Code 1923, �3486; Code 1940, T. 14, �164; Code 1975, �13-6-123.)
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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.
(Code 1852, �586; Code 1867, �4136; Code 1876, �4809; Code 1886, �3779; Code 1896, �4424; Code 1907, �6425; Acts 1919, No. 204, p. 196; Code 1923, �3491; Code 1940, T. 14, �166; Code 1975, �13-6-125.)
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Section 13A-11-57
Selling, etc., pistol or bowie knife to minor.
Any person who sells, gives or lends to any minor any pistol or bowie knife, or other knife of like kind or description, shall, on conviction, be fined not less than $50.00 nor more than $500.00.
(Code 1852, �204; Code 1867, �3751; Code 1876, �4230; Code 1886, �4096; Code 1896, �5355; Code 1907, �6896; Code 1923, �4046; Code 1940, T. 14, �170; Code 1975, �13-6-128.)
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Alabama Case Law:
- A "butcher's knife" 11 inches long overall is a knife "of
like kind or description" as a bowie knife (1897).
- "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..." (1985)
- "'Lock-blade'" knife not included... within the statutory
prohibition." (1985)
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Alaska - Article 2, Section 11.61.200. Misconduct involving
weapons in the first degree. (a) A person commits the
crime of misconduct involving weapons in the first degree
if the person... (3) manufactures, possesses, transports,
sells, or transfers a prohibited weapon... (e) As used in
this section, (1) "prohibited weapon" means any... (D)
switchblade or gravity knife... a gravity knife is one in
which the blade opens, falls into place, or is ejected
into position by the force of gravity or by centrifugal
force.
- 11.61.220. (a) A person commits the crime of misconduct
involving weapons in the third degree if the person (1)
knowingly possesses a deadly weapon, other than an
ordinary pocketknife, that is concealed on the person.
(b) In a prosecution under (a)(1) of this section, it is an
affirmative defense that the defendant was... (1) in the
defendant's dwelling... (2) actually engaged in hunting,
fishing, trapping, or other lawful outdoor activity that
necessarily involves the carrying of a weapon for personal
protection.
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Arizona Criminal Code
13-3102. Misconduct involving weapons; defenses; classification; definitions
A. A person commits misconduct involving weapons by knowingly:
1. Carrying a deadly weapon without a permit pursuant to section 13-3112 except a pocket knife concealed on his person; or
2. Carrying a deadly weapon without a permit pursuant to section 13-3112 concealed within immediate control of any person in or on a means of transportation...
B. Subsection A, paragraph 1 of this section shall not apply to a person in his dwelling, on his business premises or on real property owned or leased by that person.
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Full text: 4/30/04
13-3102. Misconduct involving weapons; defenses; classification; definitions
A. A person commits misconduct involving weapons by knowingly:
1. Carrying a deadly weapon without a permit pursuant to section 13-3112 except a pocket knife concealed on his person; or
2. Carrying a deadly weapon without a permit pursuant to section 13-3112 concealed within immediate control of any person in or on a means of transportation; or
3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon; or
4. Possessing a deadly weapon if such person is a prohibited possessor; or
5. Selling or transferring a deadly weapon to a prohibited possessor; or
6. Defacing a deadly weapon; or
7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or
8. Using or possessing a deadly weapon during the commission of any felony offense included in chapter 34 of this title; or
9. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise; or
10. Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor's agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event; or
11. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon; or
12. Possessing a deadly weapon on school grounds; or
13. Unless specifically authorized by law, entering a nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the immediate control of any person; or
14. Supplying, selling or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would use the firearm in the commission of any felony; or
15. Using, possessing or exercising control over a deadly weapon in furtherance of any act of terrorism as defined in section 13-2301 or possessing or exercising control over a deadly weapon knowing or having reason to know that it will be used to facilitate any act of terrorism as defined in section 13-2301.
B. Subsection A, paragraph 1 of this section shall not apply to a person in his dwelling, on his business premises or on real property owned or leased by that person.
C. Subsection A, paragraphs 1, 2, 3, 7, 10, 11, 12 and 13 of this section shall not apply to:
1. A peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official duties; or
2. A member of the military forces of the United States or of any state of the United States in the performance of official duties; or
3. A warden, deputy warden or correctional officer of the state department of corrections; or
4. A person specifically licensed, authorized or permitted pursuant to a statute of this state or of the United States.
D. Subsection A, paragraphs 3 and 7 of this section shall not apply to:
1. The possessing, transporting, selling or transferring of weapons by a museum as a part of its collection or an educational institution for educational purposes or by an authorized employee of such museum or institution, if:
(a) Such museum or institution is operated by the United States or this state or a political subdivision of this state, or by an organization described in section 170(c) of title 26 of the United States Code as a recipient of a charitable contribution; and
(b) Reasonable precautions are taken with respect to theft or misuse of such material.
2. The regular and lawful transporting as merchandise; or
3. Acquisition by a person by operation of law such as by gift, devise or descent or in a fiduciary capacity as a recipient of the property or former property of an insolvent, incapacitated or deceased person.
E. Subsection A, paragraph 3 of this section shall not apply to the merchandise of an authorized manufacturer of or dealer in prohibited weapons, when such material is intended to be manufactured, possessed, transported, sold or transferred solely for or to a dealer or a regularly constituted or appointed state, county or municipal police department or police officer, or a detention facility, or the military service of this or another state or the United States, or a museum or educational institution or a person specifically licensed or permitted pursuant to federal or state law.
F. Subsection A, paragraph 1 of this section shall not apply to a weapon or weapons carried in a belt holster which holster is wholly or partially visible, or carried in a scabbard or case designed for carrying weapons which scabbard or case is wholly or partially visible or carried in luggage. Subsection A, paragraph 2 of this section shall not apply to a weapon or weapons carried in a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, trunk or glove compartment of a means of transportation.
G. Subsection A, paragraph 10 of this section shall not apply to shooting ranges or shooting events, hunting areas or similar locations or activities.
H. Subsection A, paragraph 3 of this section shall not apply to a weapon described in section 13-3101, paragraph 7, subdivision (e), if such weapon is possessed for the purposes of preparing for, conducting or participating in lawful exhibitions, demonstrations, contests or athletic events involving the use of such weapon. Subsection A, paragraph 12 of this section shall not apply to a weapon if such weapon is possessed for the purposes of preparing for, conducting or participating in hunter or firearm safety courses.
I. Subsection A, paragraph 12 of this section shall not apply to the possession of a:
1. Firearm that is not loaded and that is carried within a means of transportation under the control of an adult provided that if the adult leaves the means of transportation the firearm shall not be visible from the outside of the means of transportation and the means of transportation shall be locked.
2. Firearm for use on the school grounds in a program approved by a school.
J. Misconduct involving weapons under subsection A, paragraph 9, 14 or 15 of this section is a class 3 felony. Misconduct involving weapons under subsection A, paragraph 3, 4, 8 or 13 of this section is a class 4 felony. Misconduct involving weapons under subsection A, paragraph 12 of this section is a class 1 misdemeanor unless the violation occurs in connection with conduct which violates the provisions of section 13-2308, subsection A, paragraph 5, section 13-2312, subsection C, section 13-3409 or section 13-3411, in which case the offense is a class 6 felony. Misconduct involving weapons under subsection A, paragraph 5, 6 or 7 of this section is a class 6 felony. Misconduct involving weapons under subsection A, paragraph 1, 2, 10 or 11 of this section is a class 1 misdemeanor.
K. For purposes of this section:
1. "Public establishment" means a structure, vehicle or craft that is owned, leased or operated by this state or a political subdivision of this state.
2. "Public event" means a specifically named or sponsored event of limited duration either conducted by a public entity or conducted by a private entity with a permit or license granted by a public entity. Public event does not include an unsponsored gathering of people in a public place.
3. "School" means a public or nonpublic kindergarten program, common school or high school.
4. "School grounds" means in, or on the grounds of, a school.
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13-3101. Definitions
A. In this chapter, unless the context otherwise requires:
1. "Deadly weapon" means anything that is designed for lethal use. The term includes a firearm.
2. "Deface" means to remove, alter or destroy the manufacturer's serial number.
3. "Explosive" means any dynamite, nitroglycerine, black powder or other similar explosive material including plastic explosives. Explosive does not include ammunition or ammunition components such as primers, percussion caps, smokeless powder, black powder and black powder substitutes used for hand loading purposes.
4. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will or is designed to or that may readily be converted to expel a projectile by the action of an explosive. Firearm does not include a firearm in permanently inoperable condition.
5. "Occupied structure" means any building, object, vehicle, watercraft, aircraft or place with sides and a floor that is separately securable from any other structure attached to it, that is used for lodging, business, transportation, recreation or storage and in which one or more human beings either is or is likely to be present or so near as to be in equivalent danger at the time the discharge of a firearm occurs. Occupied structure includes any dwelling house, whether occupied, unoccupied or vacant.
6. "Prohibited possessor" means any person:
(a) Who has been found to constitute a danger to himself or to others pursuant to court order under section 36-540, and whose court ordered treatment has not been terminated by court order.
(b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent and whose civil right to possess or carry a gun or firearm has not been restored.
(c) Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.
(d) Who is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13-3601 or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole pursuant to the interstate compact under title 31, chapter 3, article 4.
7. "Prohibited weapon" means, but does not include fireworks imported, distributed or used in compliance with state laws or local ordinances, any propellant, propellant actuated devices or propellant actuated industrial tools that are manufactured, imported or distributed for their intended purposes or a device that is commercially manufactured primarily for the purpose of illumination, including any of the following:
(a) Explosive, incendiary or poison gas:
(i) Bomb.
(ii) Grenade.
(iii) Rocket having a propellant charge of more than four ounces.
(iv) Mine.
(b) Device that is designed, made or adapted to muffle the report of a firearm.
(c) Firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger.
(d) Rifle with a barrel length of less than sixteen inches, or shotgun with a barrel length of less than eighteen inches, or any firearm that is made from a rifle or shotgun and that, as modified, has an overall length of less than twenty-six inches.
(e) Instrument, including a nunchaku, that consists of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire or chain, in the design of a weapon used in connection with the practice of a system of self-defense.
(f) Breakable container that contains a flammable liquid with a flash point of one hundred fifty degrees Fahrenheit or less and that has a wick or similar device capable of being ignited.
(g) Chemical or combination of chemicals, compounds or materials, including dry ice, that are placed in a sealed or unsealed container for the purpose of generating a gas to cause a mechanical failure, rupture or bursting of the container.
(h) Combination of parts or materials that is designed and intended for use in making or converting a device into an item set forth in subdivision (a) or (f) of this paragraph.
B. The items set forth in subsection A, paragraph 7, subdivisions (a), (b), (c) and (d) of this section do not include any firearms or devices that are registered in the national firearms registry and transfer records of the United States treasury department or any firearm that has been classified as a curio or relic by the United States treasury department.
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PERMITS
13-3112. Permit to carry concealed weapon; qualification; application; training program; program instructors; report; applicability; violation; classification
A. The department of public safety shall issue a permit to carry a concealed weapon to a person who is qualified under this section. The person shall carry the permit at all times when the person is in actual possession of the concealed weapon and shall present the permit for inspection to any law enforcement officer on request.
B. A person who fails to carry the permit at all times that the person is in actual possession of a concealed weapon may have the permit suspended. The department of public safety shall be notified of all violations of this section and shall immediately suspend the permit. The permittee shall present the permit to the law enforcement agency or the court. On notification of the presentation of the permit, the department shall restore the permit.
C. The permit of a person who is arrested or indicted for an offense that would make the person unqualified under the provisions of section 13-3101, subsection A, paragraph 6 or this section shall be immediately suspended and seized. The permit of a person who becomes unqualified on conviction of that offense shall be revoked. The permit shall be restored on presentation of documentation from the court if the permittee is found not guilty or the charges are dismissed. The permit shall be restored on presentation of documentation from the county attorney that the charges against the permittee were dropped or dismissed.
D. A person who fails to present a permit for inspection on the request of a law enforcement officer is guilty of a class 2 misdemeanor.
E. The department of public safety shall issue a permit to an applicant who meets all of the following conditions:
1. Is a resident of this state or a United States citizen.
2. Is twenty-one years of age or older.
3. Is not under indictment for and has not been convicted in any jurisdiction of a felony.
4. Does not suffer from mental illness and has not been adjudicated mentally incompetent or committed to a mental institution.
5. Is not unlawfully present in the United States.
6. Satisfactorily completes a firearms safety training program approved by the department of public safety pursuant to subsection N of this section. This paragraph does not apply to a person who is an active duty Arizona peace officer standards and training board certified or federally credentialed peace officer or who is honorably retired as a federal, state or local peace officer with a minimum of ten years of service.
F. The application shall be completed on a form prescribed by the department of public safety. The form shall not require the applicant to disclose the type of firearm for which a permit is sought. The applicant shall attest under penalty of perjury that all of the statements made by the applicant are true. The applicant shall submit the application to the department with a certificate of completion from an approved firearms safety training program, two sets of fingerprints and a reasonable fee determined by the director of the department.
G. On receipt of an application, the department of public safety shall conduct a check of the applicant's criminal history record pursuant to section 41-1750. The department of public safety may exchange fingerprint card information with the federal bureau of investigation for federal criminal history record checks.
H. The department of public safety shall complete all of the required qualification checks within sixty days after receipt of the application and shall issue a permit within fifteen working days after completing the qualification checks if the applicant meets all of the conditions specified in subsection E of this section. If a permit is denied, the department of public safety shall notify the applicant in writing within fifteen working days after the completion of all of the required qualification checks and shall state the reasons why the application was denied. On receipt of the notification of the denial, the applicant has twenty days to submit any additional documentation to the department. On receipt of the additional documentation, the department shall reconsider its decision and inform the applicant within twenty days of the result of the reconsideration. If denied, the applicant shall be informed that the applicant may request a hearing pursuant to title 41, chapter 6, article 10.
I. On issuance, a permit is valid for four years.
J. The department of public safety shall maintain a computerized permit record system that is accessible to criminal justice agencies for the purpose of confirming the permit status of any person who claims to hold a valid permit issued by this state. This information shall not be available to any other person or entity except on an order from a state or federal court.
K. A permit issued pursuant to this section is renewable every four years. Before a permit may be renewed, a criminal history record check shall be conducted pursuant to section 41-1750 within sixty days after receipt of the application for renewal.
L. Applications for renewal shall be accompanied by a fee determined by the director of the department of public safety. A certificate of completion of a four-hour refresher firearms safety training program approved by the director of the department is required before a renewal permit may be issued and shall accompany an application for renewal.
M. The department of public safety shall suspend or revoke a permit issued under this section if the permit holder becomes ineligible pursuant to subsection E of this section. The department of public safety shall notify the permit holder in writing within fifteen working days after the revocation or suspension and shall state the reasons for the revocation or suspension.
N. An organization shall apply to the department of public safety for approval of its firearms safety training program. The department shall approve a program that meets the following requirements:
1. Is at least sixteen hours in length.
2. Is conducted on a pass or fail basis.
3. Addresses all of the following topics in a format approved by the director of the department:
(a) Legal issues relating to the use of deadly force.
(b) Weapon care and maintenance.
(c) Mental conditioning for the use of deadly force.
(d) Safe handling and storage of weapons.
(e) Marksmanship.
(f) Judgmental shooting.
4. Is conducted by instructors who submit to a background investigation, including a check for warrants and a criminal history record check.
O. If approved pursuant to subsection N of this section, the organization shall submit to the department of public safety two sets of fingerprints from each instructor and a fee to be determined by the director of the department of public safety. On receipt of the fingerprints and fee, the department of public safety shall conduct a check of each instructor's criminal history record pursuant to section 41-1750. The department of public safety may exchange this fingerprint card information with the federal bureau of investigation for federal criminal history record checks.
P. The proprietary interest of all approved instructors and programs shall be safeguarded, and the contents of any training program shall not be disclosed to any person or entity other than a bona fide criminal justice agency, except upon an order from a state or federal court.
Q. If the department of public safety rejects a program, the rejected organization may request a hearing pursuant to title 41, chapter 6, article 10.
R. The department of public safety shall maintain information comparing the number of permits requested, the number of permits issued and the number of permits denied. The department shall annually report this information to the governor and the legislature.
S. The director of the department of public safety shall adopt rules for the purpose of implementing and administering the concealed weapons permit program, including fees relating to permits issued pursuant to this section.
T. The department of public safety shall enter into reciprocal agreements with states that have concealed weapons laws substantially similar to this section for the purpose of establishing a basis under which a concealed weapons license or permit that is issued by either state may be used by the licensee or permittee within the jurisdiction of either state. If another state requires this state to enter into a reciprocal agreement before accepting a concealed weapons permit issued in this state, the department of public safety shall enter into the agreement if the issuing authority for the other state:
1. Issues a permit with an expiration date printed on the permit.
2. Is available to verify the permit status for law enforcement purposes within three business days of a request for verification.
3. Has disqualification, suspension and revocation requirements for concealed weapons permits.
4. Requires that an applicant for a concealed weapons permit meet all of the following conditions:
(a) Submit to a criminal history record check.
(b) Is not prohibited from possessing firearms pursuant to federal law.
(c) Satisfactorily completes a firearms safety program.
U. Notwithstanding subsection T of this section, unless a person would be a prohibited possessor in this state, a person who is a resident of another state and who is temporarily in this state may carry a concealed weapon in this state without a permit issued pursuant to this section if both of the following apply:
1. The person is legally in this state.
2. The person presents a valid concealed weapons permit from another state on the request of a law enforcement officer if the issuing authority for the other state:
(a) Issues a permit with an expiration date printed on the permit.
(b) Has disqualification, suspension and revocation requirements for concealed weapons permits.
(c) Requires that an applicant for a concealed weapons permit meet all of the following conditions:
(i) Submits to a criminal history record check.
(ii) Is not prohibited from possessing firearms pursuant to federal law.
(iii) Satisfactorily completes a firearms safety program.
V. Notwithstanding the provisions of this section, a person with a concealed weapons permit from another state may not carry a concealed weapon in this state if the person is under twenty-one years of age or is under indictment for, or has been convicted of, a felony offense in any jurisdiction, even if the person's rights have been restored and the conviction is expunged, set aside or vacated.
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City of PHOENIX
Code of Ordinances
Sec. 23-40. Concealed weapons.
(a) It shall be unlawful for any person, except a policeman or peace officer in actual service and discharging his duty, to have or carry concealed on or about his person, any pistol or other firearm, dirk, dagger, slung shot, sword cane, spear, brass knuckles, or other knuckles of metal, Bowie knife, or any kind of knife or weapon, except a pocket knife not manufactured and used for the purpose of offense and defense.
(b) Every person who, in the presence of any other person and not in necessary self defense, draws or exhibits any deadly weapon in a rude, angry or threatening manner, or who in any manner unlawfully uses the same, is guilty of a misdemeanor.
(Code 1962, � 27-14)
State law references: Misconduct involving weapons, A.R.S. � 13-3102.
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Arkansas
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California
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Colorado
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Arkansas - 5-73-121. (a) A person who carries a knife as a
weapon, except when upon a journey or upon his own
premises, shall be punished as provided by section 5-73-
123(b).
(b) If a person carries a knife with a blade 3-1/2 inches
long or longer, this fact shall be prima facie proof that
the knife is carried as a weapon.
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Revised versions of the California statutes,
furnished to me 12/6/2000 by Jason Davidoff.
PC 12020 updated 5/4/03
PC 653k updated with 2002 revisions 11/13/02.
The CA state Penal Code can be found online at:
http://www.leginfo.ca.gov/calaw.html
Here are the relevant sections cut and pasted
by Mr. Davidoff from the site linked above:
12020. (a) Any person in this state who does any
of the following is punishable by imprisonment in
a county jail not exceeding one year or in the
state prison:
(a)(4) Carries concealed upon his or her person any
dirk or dagger.
(c)(24) As used in this section, a
"dirk" or "dagger" means a knife or other
instrument with or without a handguard that is
capable of ready use as a stabbing weapon that
may inflict great bodily injury or death.
A nonlocking folding knife, a folding knife that
is not prohibited by Section 653k [switchblade], or
a pocketknife is capable of ready use as a stabbing
weapon that may inflict great bodily injury or
death only if the blade of the knife is exposed
and locked into position.
(d) Knives carried in sheaths which are worn openly
suspended from the waist of the wearer are not
concealed within the meaning of this section
653k. Every person who possesses in the passenger's
or driver's area of any motor vehicle in any public
place or place open to the public, carries upon his
or her person, and every person who sells, offers
for sale, exposes for sale, loans, transfers, or
gives to any other person a switchblade knife having
a blade two or more inches in length is guilty of a
misdemeanor.
For the purposes of this section, "switchblade
knife" means a knife having the appearance of a
pocketknife and includes a spring-blade knife,
snap-blade knife, gravity knife or any other similar
type knife, the blade or blades of which are two or
more inches in length and which can be released
automatically by a flick of a button, pressure on
the handle, flip of the wrist or other mechanical
device, or is released by the weight of the blade
or by any type of mechanism whatsoever.
"Switchblade knife" does not include a knife that
opens with one hand utilizing thumb pressure applied
solely to the blade of the knife or a thumb stud
attached to the blade, provided that the knife has a
detent or other mechanism that provides resistance
that must be overcome in opening the blade, or that
biases the blade back toward its closed position.
For purposes of this section, "passenger's or
driver's area" means that part of a motor vehicle
which is designed to carry the driver and passengers,
including any interior compartment or space therein.
California case law:
Butterfly knife which has blade in excess of two inches is
"switch-blade knife" within meaning of... 653k. [Attorney
General's opinion 11-19-1985.]
[626.10 (a) not printed here, covers K-12 schools,
and prohibits fixed blades and folders over ??2.5"]
626.10. Any person, except [listed officials] who brings
or possesses any dirk, dagger, knife having a blade longer
than 3-1/2 inches, folding knife with a blade that locks
into place, a razor with an unguarded blade... upon the
grounds of, or within any public school... is guilty of a
misdemeanor.
626.10 (b) Any person, except a duly appointed
peace officer as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2, a full-time
paid peace officer of another state or the federal
government who is carrying out official duties while
in this state, a person summoned by any officer
to assist in making arrests or preserving the peace
while the person is actually engaged in assisting any
officer, or a member of the military forces of this
state or the United States who is engaged in the
performance of his or her duties, who brings or
possesses any dirk, dagger, ice pick, or knife having
a fixed blade longer than 2 1/2 inches upon the
grounds of, or within, any private university, the
University of California, the California State
University, or the California Community Colleges is
guilty of a public offense, punishable by imprisonment
in a county jail not exceeding one year, or by
imprisonment in the state prison.
* * * * * * * * * * *
Here is a newly enacted statute furnished to me by the
office of a California State Senator; signed 10/10/1999:
SECTION 1. Section 12001.1 is added to the Penal Code, to
read:
12001.1. (a) Any person in this state who commercially
manufactures or causes to be commercially manufactured, or who
knowingly imports into the state for commercial sale, keeps for
commercial sale, or offers or exposes for commercial sale, any
undetectable knife is guilty of a misdemeanor. As used in this
section, an "undetectable knife" means any knife or other
instrument with or without a handguard that is capable of ready
use as a stabbing weapon that may inflict great bodily injury or
death that is commercially manufactured to be used as a weapon
and is not detectable by a metal detector set at standard
calibration.
(b) Notwithstanding any other provision of law, commencing
January 1, 2000, all knives or other instrument with or without
a handguard that is capable of ready use as a stabbing weapon
that may inflict great bodily injury or death that are
commercially manufactured in this state that utilize materials
that are not detectable by a metal detector shall be
manufactured to include materials that will ensure they are
detectable by a metal detector set at standard calibration.
(c) This section shall not apply to the manufacture or
importation of undetectable knives for sale to a law enforcement
or military entity nor shall this section apply to the
subsequent sale of these knives to a law enforcement or military
entity.
(d) This section shall not apply to the manufacture or
importation of undetectable knives for sale to federal, state,
and local historical societies, museums, and institutional
collections which are open to the public, provided that the
undetectable knives are properly housed and secured from
unauthorized handling, nor shall this section apply to the
subsequent sale of the knives to these societies, museums, and
collections.
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Here are the 1996 statutes:
California - Penal Code Section 653k. Every person who
possesses in the passenger's or driver's area of any motor
vehicle in any public place or place open to the public,
carries upon his or her person, and every person who
sells, offers for sale, exposes for sale, loans,
transfers, or gives to any other person a switchblade
knife having a blade over two inches in length is guilty
of a misdemeanor.
For the purposes of this section a "switchblade knife"
is a knife having the appearance of a pocketknife, and
shall include a spring-blade knife, snap-blade knife,
gravity knife or any other similar type knife, the blade
or blades of which are two or more inches long and which
can be released automatically by a flick of a button,
pressure on the handle, flip of the wrist or other
mechanical device, or is released by the weight of the
blade or by any other type of mechanism whatsoever...
- 626.10. Any person, except [listed officials] who brings
or possesses any dirk, dagger, knife having a blade longer
than 3-1/2 inches, folding knife with a blade that locks
into place, a razor with an unguarded blade... upon the
grounds of, or within any public school... is guilty of a
misdemeanor.
- 12020. (a) Any person in this state who manufactures or
causes to be manufactured, imports into the state, keeps
for sale, or offers or exposes for sale, or who gives,
lends, or possesses any... ballistic knife..., any
nunchaku..., any metal knuckles, any belt buckle
knife..., any shuriken..., any lipstick case knife, any
cane sword, any shobe-zui, any air gauge knife, any
writing pen knife... or who carries concealed upon his
or her person any dirk or dagger, is guilty of a felony...
["Metal knuckles" includes knives with metal knuckle handles.
Most of the banned items are described in the statute in
excruciating detail, but "dirk or dagger" were not defined at
all until 1996, when the state legislature added the following
definition of "dirk or dagger."]
- PC 12020(c)(24) "a knife or other instrument with or
without a handguard that is primarily designed,
constructed, or altered to be a stabbing instrument
designed to inflict great bodily injury or death."]
[The original statute includes the following exemption.]
(23)(d) Knives carried in sheaths which are worn openly
suspended from the waist of the wearer are not concealed
within the meaning of this section.
- 12028. (a) The unlawful concealed carrying... of any...
dirk or dagger... is a nuisance... (c) Any weapon
described in subdivision (a)... shall be surrendered to
the sheriff... or the chief of police... for sale at
public auction [unless it was stolen].
California case law:
Butterfly knife which has blade in excess of two inches is
"switch-blade knife" within meaning of... 653k. [Attorney
General's opinion 11-19-1985.]
* * * * * * * * * * *
Los Angeles Codes online
http://www.amlegal.com/los_angeles_ca/
Los Angeles Municipal Code
SEC. 55.10. CARRY KNIVES OR DAGGERS IN PLAIN VIEW PROHIBITED.
(Added by Ord. No. 162,995, Eff. 1/7/88.)
(a) As used in this section, the term knife or dagger shall include any knife, dirk or dagger having a blade 3 inches or more in length, any ice pick or similar sharp tool, any straight edge razor or any razor blade fitted to a handle.
(b) No person shall wear or carry in plain view any knife or dagger upon any public street or other public place or in any place open to the public.
(c) The prohibitions of this section shall not apply where a person is wearing or carrying a knife or dagger for use in a lawful occupation, for lawful recreational purposes, or as a recognized religious practice, or while the person is traveling to or returning from participation in such activity.
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Colorado - Criminal Code Section 18-12-101. Definitions...
(e) "Gravity knife" means any knife that has a blade
released from the handle or sheath thereof by the force of
gravity or the application of centrifugal force, that when
released is locked into place by means of a button,
spring, lever, or other device... (f) "Knife" means any
dagger, dirk, knife, or stiletto with a blade over 3-1/2
inches in length, or any other dangerous instrument
capable of inflicting cutting, stabbing, or tearing
wounds, but does not include a hunting or fishing knife
carried for sports use. The issue that a knife is a
hunting or fishing knife must be raised as an affirmative
defense. (j) "Switchblade knife" means any knife, the
blade of which opens automatically by hand pressure
applied to a button, spring, or other device in its
handle... (a.3) "Ballistic knife" means any knife that has
a blade which is forcefully projected from the handle by
means of a spring-loaded device or explosive charge.
- 18-12-102. Possessing a dangerous or illegal weapon... (1)
As used in this section the term "illegal weapon"
[includes]... gravity knife, or switchblade knife... {or
ballistic knife}. (3) A person who knowingly possesses a
dangerous weapon commits a class 5 felony.
- 18-12-105. Unlawfully carrying a concealed weapon -
unlawful possession of weapons. (1) A person commits a
class 2 misdemeanor if he knowingly and unlawfully:
(a) Carries a knife concealed on or about his person...
(2)... affirmative defense... (a) A person in his own
dwelling or place of business... (b) A person in a private
automobile... (c) [written permit] (d) A peace officer...
Colorado Case Law:
"The definition of 'knife' in subsection (1)(f) of this
section is sufficiently specific to give fair warning of
the proscribed conduct and is therefore constitutional..."
(1992)
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Connecticut
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Delaware
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District of Columbia
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CONNECTICUT UPDATED 11/28/04; STATUTES CURRENT AS OF 1/2003
CHAPTER 943
OFFENSES AGAINST PUBLIC PEACE AND SAFETY
Sec. 53-206. Carrying of dangerous weapons prohibited. (a) Any person who carries upon one's person any BB. gun, blackjack, metal or brass knuckles, or any dirk knife, or any switch knife, or any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, or stiletto, or any knife the edged portion of the blade of which is four inches or over in length, any police baton or nightstick, or any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument, shall be fined not more than five hundred dollars or imprisoned not more than three years or both. Whenever any person is found guilty of a violation of this section, any weapon or other instrument within the provisions of this section, found upon the body of such person, shall be forfeited to the municipality wherein such person was apprehended, notwithstanding any failure of the judgment of conviction to expressly impose such forfeiture.
(b) The provisions of this section shall not apply to (1) any officer charged with the preservation of the public peace while engaged in the pursuit of such officer's official duties; (2) the carrying of a baton or nightstick by a security guard while engaged in the pursuit of such guard's official duties; (3) the carrying of a knife, the edged portion of the blade of which is four inches or over in length, by (A) any member of the armed forces of the United States, as defined in section 27-103, or any reserve component thereof, or of the armed forces of this state, as defined in section 27-2, when on duty or going to or from duty, (B) any member of any military organization when on parade or when going to or from any place of assembly, (C) any person while transporting such knife as merchandise or for display at an authorized gun or knife show, (D) any person who is found with any such knife concealed upon one's person while lawfully removing such person's household goods or effects from one place to another, or from one residence to another, (E) any person while actually and peaceably engaged in carrying any such knife from such person's place of abode or business to a place or person where or by whom such knife is to be repaired, or while actually and peaceably returning to such person's place of abode or business with such knife after the same has been repaired, (F) any person holding a valid hunting, fishing or trapping license issued pursuant to chapter 490 or any salt water fisherman carrying such knife for lawful hunting, fishing or trapping activities, or (G) any person while participating in an authorized historic reenactment; (4) the carrying by any person enrolled in or currently attending, or an instructor at, a martial arts school of a martial arts weapon while in a class or at an authorized event or competition or while transporting such weapon to or from such class, event or competition; (5) the carrying of a BB. gun by any person taking part in a supervised event or competition of the Boy Scouts of America or the Girl Scouts of America or in any other authorized event or competition while taking part in such event or competition or while transporting such weapon to or from such event or competition; and (6) the carrying of a BB. gun by any person upon such person's own property or the property of another person provided such other person has authorized the carrying of such weapon on such property, and the transporting of such weapon to or from such property.
(1949 Rev., S. 8540; 1953, S. 3287d; P.A. 86-287, S. 1; P.A. 87-220, S. 1; P.A. 98-129, S. 9; June Sp. Sess. P.A. 98- 1, S. 120, 121; P.A. 99-212, S. 12.)
History: P.A. 86-287 amended Subsecs. (a) and (b) by adding "or any martial arts weapon and electronic defense weapon as defined in section 53a-3" and amended Subsec. (a) by adding provision permitting person to carry any martial arts weapon anywhere within state if such person has been granted a permit to do so; P.A. 87-220 made technical changes; P.A. 98-129 replaced requirement that a permit be obtained for the carrying of certain dangerous or deadly weapons or instruments with prohibition on the carrying of such weapons or instruments, deleted slung shot, air rifles and sand bags from the list of prohibited weapons or instruments, added exception for the carrying of knives with blades of four inches or more by certain individuals and deleted requirement that the seller of any such weapon or instrument give written notice of any such sale to the chief of police of the city, warden of the borough or first selectman of the town where such weapon or instrument was sold or delivered; June Sp. Sess. P.A. 98-1 repealed all changes enacted by P.A. 98-129, effective June 24, 1998; P.A. 99-212 substantially revised section including replacing requirement that a permit be obtained for the carrying of certain dangerous or deadly weapons or instruments with prohibition on the carrying of such weapons or instruments, deleting slung shot, air rifle and sand bag from list of prohibited weapons and instruments, adding police baton or nightstick to list of prohibited weapons and instruments, making the exception for an officer charged with preservation of the public peace applicable while the officer is "engaged in the pursuit of such officer's official duties", adding exception for the carrying of a baton or nightstick by a security guard while engaged in the guard's official duties, adding exception for the carrying of a knife having a blade of four inches or more by certain individuals under certain circumstances, adding exception for the carrying of a martial arts weapon by a student or instructor at a martial arts school under certain circumstances, adding exception for the carrying of a BB. gun by a person taking part in certain supervised or authorized events or competitions under certain circumstances, adding exception for the carrying of a BB. gun on private property with the authorization of the owner and the transporting of such weapon to or from such property and deleting the requirement that the seller of any such weapon or instrument give written notice of such sale to the chief of police of the city, warden of the borough or first selectman of the town where such weapon or instrument was sold or delivered.
See Sec. 29-32b re Board of Firearms Permit Examiners.
See Sec. 29-38 re weapons in vehicles.
CASE LAW
Cited. 138 C. 485; 153 C. 584. Burden on prosecution to prove defendant did not possess a written permit [for pistol]. 179 C. 516, 521. Cited. 195 C. 668, 677, 678. Cited. 208 C. 689, 692. Cited. 209 C. 322, 348. Cited. 210 C. 110, 112. Cited. Id., 199, 200, 208. Cited. 211 C. 672, 674. Cited. 217 C. 73, 93. Cited. 226 C. 497, 499.
Cited. 1 CA 642—644, 646. Cited. 9 CA 330, 337, 340. Cited. 10 CA 532, 533. Cited. 11 CA 665—669. Cited. 17 CA 556, 560. Cited. 21 CA 299, 306. Cited. 25 CA 433, 445.
Compared with section 29-38. 10 CS 272. A razor is not a dangerous or deadly weapon per se. Whether it becomes one is a question of fact for the trier. The fact that a razor is specifically included in section 53-207 does not mean that it is excluded from this section. 23 CS 425. History discussed; concealment is not an element of the crime. 24 CS 85. A .22 caliber air-operated single-shot pellet gun held to be a dangerous weapon. Id.
Cited. 5 Conn. Cir. Ct. 313. Knife not coming within description of statute cannot be included as "any other dangerous or deadly weapon" and is not with prohibition of this section. Id., 551.
Subsec. (a):
Cited. 208 C. 689, 690, 692—695. Cited. 229 C. 691, 694. Cited. 236 C. 189, 191. Cited. 240 C. 317.
Cited. 7 CA 149, 150. Cited. 11 CA 665, 671. Cited. 27 CA 601, 602. Cited. 39 CA 175, 177. Cited. 41 CA 391, 393. Cited. 43 CA 488.
CHAPTER 950
PENAL CODE: GENERAL PROVISIONS
Sec. 53a-3. Definitions. Except where different meanings are expressly specified, the following terms have the following meanings when used in this title:
(2) "Possess" means to have physical possession or otherwise to exercise dominion or control over tangible property;
(6) "Deadly weapon" means any weapon, whether loaded or unloaded, from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal knuckles. The definition of "deadly weapon" in this subdivision shall be deemed not to apply to section 29-38 or 53-206;
(7) "Dangerous instrument" means any instrument, article or substance which, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious physical injury, and includes a "vehicle" as that term is defined in this section and includes a dog that has been commanded to attack, except a dog owned by a law enforcement agency of the state or any political subdivision thereof or of the federal government when such dog is in the performance of its duties under the direct supervision, care and control of an assigned law enforcement officer;
(8) "Vehicle" means a "motor vehicle" as defined in section 14-1, a snowmobile, any aircraft, or any vessel equipped for propulsion by mechanical means or sail;
(21) "Martial arts weapon" means a nunchaku, kama, kasari-fundo, octagon sai, tonfa or chinese star;
CHAPTER 943
OFFENSES AGAINST PUBLIC PEACE AND SAFETY
Sec. 2-1e. Interference with the legislative process; firearms; dangerous or deadly weapons; explosives; felony.
(2) any person is guilty of interfering with the legislative process when he, alone or in concert with others, brings into, or possesses within, any such building, a switchblade, gravity knife, blackjack, bludgeon, metal knuckles or any other dangerous or deadly weapon or instrument, or any explosive or incendiary or other dangerous device.
(d) The violation of any provision of this section is a class D felony.
CHAPTER 529
DIVISION OF STATE POLICE
Sec. 29-38. Weapons in vehicles. (a) Any person who knowingly has, in any vehicle owned, operated or occupied by such person, any weapon, any pistol or revolver for which a proper permit has not been issued as provided in section 29-28 or any machine gun which has not been registered as required by section 53-202, shall be fined not more than one thousand dollars or imprisoned not more than five years or both, and the presence of any such weapon, pistol or revolver, or machine gun in any vehicle shall be prima facie evidence of a violation of this section by the owner, operator and each occupant thereof. The word "weapon", as used in this section, means any BB. gun, any blackjack, any metal or brass knuckles, any police baton or nightstick, any dirk knife or switch knife, any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, any stiletto, any knife the edged portion of the blade of which is four inches or over in length, any martial arts weapon or electronic defense weapon, as defined in section 53a- 3, or any other dangerous or deadly weapon or instrument...
CASE LAW:
Statute does not require state to prove that defendant possessed the knife in the vehicle; it is sufficient for state to prove beyond a reasonable doubt that defendant knew the knife was in the vehicle... Is not a crime to have a hammer in a motor vehicle unless it is intended to be used as a dangerous instrument or for some other illicit purpose... Separate and distinct crime from the carrying of dangerous weapons on the person.
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Delaware - Crimes and Criminal Procedure - Chapter 11 Section
222. General definitions... (6) "Deadly weapon"
includes... a knife of any sort (other than an ordinary
pocketknife carried in a closed position), switchblade
knife... razor... or any other dangerous instrument. For
the purpose of this definition, an ordinary pocketknife
shall be a folding knife having a blade not more than 3
inches in length.
- Chapter 11 Section 1442. A person is guilty of carrying a
concealed deadly weapon when the person carries concealed
a deadly weapon upon or about the person without a license
to do so... a class G felony...
- Chapter 24 Section 901. No person shall engage in the
business of selling any... stiletto... or other deadly
weapon made especially for the defense of one's person
without first having obtained a license therefor... This
section shall not apply to... pocket knives or knives used
for sporting purposes and in the domestic household, or
surgical instruments or tools of any kind.
- Chapter 11 Section 1442. A person is guilty of carrying a
concealed deadly weapon when the person carries concealed
a deadly weapon upon or about the person without a license
to do so... a class G felony...
- Chapter 11 Section 222. General definitions... (6) "Deadly
weapon" includes... a knife of any sort (other than an
ordinary pocketknife carried in a closed position),
switchblade knife... razor... or any other dangerous
instrument. For the purpose of this definition, an
ordinary pocketknife shall be a folding knife having a
blade not more than 3 inches in length.
- Chapter 11 Section 1446. A person is guilty of unlawfully
dealing with a switchblade knife when he sells, offers for
sale or has in his possession a knife, the blade of which
is released by a spring mechanism or by gravity... an
unclassified misdemeanor.
Delaware Case Law:
- "Purpose. The object of this section is to prevent the
carrying of concealed deadly weapons about the person,
because persons becoming suddenly angered, and having such
a weapon in their pocket, would be likely to use it, which
in their sober moments they would not have done, and which
could not have been done had not the weapon been upon
their person." (1892)
- "Purpose... in enacting... was to remove the 'temptation
and tendency' to use concealed deadly weapons under
conditions of 'excitement.'" (1979)
- "A razor is a deadly weapon..." (1903).
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2001:
District of Columbia - � 22-4514.
Possession of certain dangerous weapons prohibited; exceptions.
(a) No person shall within the District of Columbia possess any machine gun,
sawed-off shotgun, or any instrument or weapon of the kind commonly known as a
blackjack, slungshot, sand club, sandbag, switchblade knife, or metal knuckles,
nor any instrument, attachment, or appliance for causing the firing of any
firearm to be silent or intended to lessen or muffle the noise of the firing of
any firearms; provided, however, that machine guns, or sawed-off shotguns, and
blackjacks may be possessed by the members of the Army, Navy, Air Force, or
Marine Corps of the United States, the National Guard, or Organized Reserves
when on duty, the Post Office Department or its employees when on duty,
marshals, sheriffs, prison or jail wardens, or their deputies, policemen, or
other duly-appointed law enforcement officers, including any designated
civilian employee of the Metropolitan Police Department, or officers or
employees of the United States duly authorized to carry such weapons, banking
institutions, public carriers who are engaged in the business of transporting
mail, money, securities, or other valuables, wholesale dealers and retail
dealers licensed under � 22-4510.
(b) No person shall within the District of Columbia possess, with intent to
use unlawfully against another, an imitation pistol, or a dagger, dirk, razor,
stiletto, or knife with a blade longer than 3 inches, or other dangerous
weapon.
(c) Whoever violates this section shall be punished as provided in � 22-4515
unless the violation occurs after such person has been convicted in the
District of Columbia of a violation of this section, or of a felony, either in
the District of Columbia or in another jurisdiction, in which case such person
shall be imprisoned for not more than 10 years.
1996:
District of Columbia - 22-3214. (a) No person shall within
the District of Columbia possess any... switchblade
knife...
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Florida
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Georgia
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Hawaii
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Florida - March 2004 text (includes 2003 amendments).
Sections relevant to KNIVES.
790.001. Definitions.
(3)(a) "Concealed weapon" means any dirk, metallic knuckles, , billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.
(13) "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife.
790.01 Carrying concealed weapons.--
(1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.
(4) It is not a violation of this section for a person to carry for purposes of lawful self-defense, in a concealed manner:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or remote stun gun or other nonlethal electric weapon or device which does not fire a dart or projectile and is designed solely for defensive purposes.
(5) This section does not preclude any prosecution for the use of an electric weapon or device or remote stun gun or self-defense chemical spray during the commission of any criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or for any other criminal offense.
790.06 License to carry concealed weapon or firearm.--
(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 5 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.
(12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any area technical center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
790.10 Improper exhibition of dangerous weapons or firearms.--If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.--
(1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon, including a razor blade, box cutter, or knife, except as authorized in support of school-sanctioned activities, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner.
(2)(a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon, including a razor blade, box cutter, or knife, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop; however, a person may carry a firearm:
1. In a case to a firearms program, class or function which has been approved in advance by the principal or chief administrative officer of the school as a program or class to which firearms could be carried;
2. In a case to a vocational school having a firearms training range; or
3. In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges.
For the purposes of this section, "school" means any preschool, elementary school, middle school, junior high school, secondary school, vocational school, or postsecondary school, whether public or nonpublic.
(b) A person who willfully and knowingly possesses any electric weapon or device, destructive device, or other weapon, including a razor blade, box cutter, or knife, except as authorized in support of school-sanctioned activities, in violation of this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c)1. A person who willfully and knowingly possesses any firearm in violation of this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. A person who stores or leaves a loaded firearm within the reach or easy access of a minor who obtains the firearm and commits a violation of subparagraph 1. commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; except that this does not apply if the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a firearm-mounted push-button combination lock or a trigger lock; if the minor obtains the firearm as a result of an unlawful entry by any person; or to members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement officers, with respect to firearm possession by a minor which occurs during or incidental to the performance of their official duties.
(d) A person who discharges any weapon or firearm while in violation of paragraph (a), unless discharged for lawful defense of himself or herself or another or for a lawful purpose, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(e) The penalties of this subsection shall not apply to persons licensed under s. 790.06. Persons licensed under s. 790.06 shall be punished as provided in s. 790.06(12), except that a licenseholder who unlawfully discharges a weapon or firearm on school property as prohibited by this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to any law enforcement officer as defined in s. 943.10(1), (2), (3), (4), (6), (7), (8), (9), or (14).
(4) Notwithstanding s. 985.213, s. 985.214, or s. 985.215(1), any minor under 18 years of age who is charged under this section with possessing or discharging a firearm on school property shall be detained in secure detention, unless the state attorney authorizes the release of the minor, and shall be given a probable cause hearing within 24 hours after being taken into custody. At the hearing, the court may order that the minor continue to be held in secure detention for a period of 21 days, during which time the minor shall receive medical, psychiatric, psychological, or substance abuse examinations pursuant to s. 985.224, and a written report shall be completed.
790.17 Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited.--
(1) A person who sells, hires, barters, lends, transfers, or gives any minor under 18 years of age any dirk, electric weapon or device, or other weapon, other than an ordinary pocketknife, without permission of the minor's parent or guardian, or sells, hires, barters, lends, transfers, or gives to any person of unsound mind an electric weapon or device or any dangerous weapon, other than an ordinary pocketknife, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
790.225 Ballistic self-propelled knives; unlawful to manufacture, sell, or possess; forfeiture; penalty.-- [AMENDED 2003, adding section (2)(a)]
(1) It is unlawful for any person to manufacture, display, sell, own, possess, or use a ballistic self-propelled knife which is a device that propels a knifelike blade as a projectile and which physically separates the blade from the device by means of a coil spring, elastic material, or compressed gas. A ballistic self-propelled knife is declared to be a dangerous or deadly weapon and a contraband item. It shall be subject to seizure and shall be disposed of as provided in s. 790.08(1) and (6).
(2) This section shall not apply to:
(a) Any device from which a knifelike blade opens, where such blade remains physically integrated with the device when open.
(b) Any device which propels an arrow, a bolt, or a dart by means of any common bow, compound bow, crossbow, or underwater spear gun.
(3) Any person violating the provisions of subsection (1) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.--s. 1, ch. 85-258; s. 178, ch. 91-224; s. 1, ch. 2003-82.
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Georgia General Assembly
Unannotated Code
transcribed 2/14/2004
16-11-126.
(a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.
(b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:
(1) For the first offense, he or she shall be guilty of a misdemeanor; and
(2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years.
(c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person�s clothing, or a handbag, purse, attache case, briefcase, or other closed container. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of this Code section.
(d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle.
(e) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such licenseholder shall carry the handgun in compliance with the laws of this state.
16-11-127.
(a) Except as provided in Code Section 16-11-127.1, a person is guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense.
(b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part.
(c) This Code section shall not apply to competitors participating in organized sport shooting events. Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, magistrates, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings.
(d) It is an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a public gathering of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by the law enforcement officer or other person employed to provide security for a public gathering.
16-11-127.1.
(a) As used in this Code section, the term:
(1) 'School safety zone' means in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education.
(2) 'Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, metal knucks, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher.
(b) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person�s control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both; provided, however, that upon conviction of a violation of this subsection involving a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, such person shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. A child who violates this subsection shall be subject to the provisions of Code Section 15-11-63.
(c) The provisions of this Code section shall not apply to:
(1) Baseball bats, hockey sticks, or other sports equipment possessed by competitors for legitimate athletic purposes;
(2) Participants in organized sport shooting events or firearm training courses;
(3) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense;
(4) Persons participating in law enforcement training conducted by a police academy certified by the Georgia Peace Officer Standards and Training Council or by a law enforcement agency of the state or the United States or any political subdivision thereof;
(5) The following persons, when acting in the performance of their official duties or when en route to or from their official duties:
(A) A peace officer as defined by Code Section 35-8-2;
(B) A law enforcement officer of the United States government;
(C) A prosecuting attorney of this state or of the United States;
(D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm;
(E) A person employed as a campus police officer or school security officer who is authorized to carry a weapon in accordance with Chapter 8 of Title 20; and
(F) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof;
(6) A person who has been authorized in writing by a duly authorized official of the school to have in such person�s possession or use as part of any activity being conducted at a school building, school property, or school function a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid;
(7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school or any weapon legally kept within a vehicle in transit through a designated school zone by any person other than a student;
(8) A weapon which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;
(9) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;
(10) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;
(11) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon;
(12) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of the Division of Probation;
(13) Public safety directors of municipal corporations;
(14) State and federal trial and appellate judges;
(15) United States attorneys and assistant United States attorneys;
(16) Clerks of the superior courts; or
(17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle.
(d)(1) This Code section shall not prohibit any person who resides or works in a business or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located within a school safety zone from carrying, possessing, or having under such person�s control a weapon within a school safety zone; provided, however, it shall be unlawful for any such person to carry, possess, or have under such person�s control while at a school building or school function or on school property, a school bus, or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25.
(2) Any person who violates this subsection shall be subject to the penalties specified in subsection (b) of this Code section.
(3) This subsection shall not be construed to waive or alter any legal requirement for possession of weapons or firearms otherwise required by law.
(e) It shall be no defense to a prosecution for a violation of this Code section that:
(1) School was or was not in session at the time of the offense;
(2) The real property was being used for other purposes besides school purposes at the time of the offense; or
(3) The offense took place on a school vehicle.
(f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of a school board or a private or public elementary or secondary school that is used for school purposes or within 1,000 feet of any campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county.
(g) A county school board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of school boards and private or public elementary and secondary schools as 'Weapon-free and Violence-free School Safety Zones.'
Former titles [1996]
Georgia - 26-2901 and 26-9911a. It is illegal to carry
concealed any "offensive or defensive" knife.
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Update added 4/23/2002
�134-51 Deadly weapons; prohibitions; penalty.
(a) Any person, not authorized by law, who carries
concealed upon the person's self or within any vehicle
used or occupied by the person or who is found armed
with any dirk, dagger, blackjack, slug shot, billy,
metal knuckles, pistol, or other deadly or dangerous
weapon shall be guilty of a misdemeanor and may be
immediately arrested without warrant by any sheriff,
police officer, or other officer or person. Any weapon,
above enumerated, upon conviction of the one carrying
or possessing it under this section, shall be summarily
destroyed by the chief of police or sheriff.
(b) Whoever knowingly possesses or intentionally uses or
threatens to use a deadly or dangerous weapon while
engaged in the commission of a crime shall be guilty of
a class C felony.
[L 1937, c 123, �1; RL 1945, �11114; RL 1955, �267-25;
HRS �727-25; ren L 1972, c 9, pt of �1; am L 1977, c 191, �2;
am L 1983, c 267, �1; gen ch 1985; am L 1989, c 211, �10;
am L 1990, c 195, �3 and c 281, �11; am L 1992, c 87, �4;
am L 1993, c 226, �1; am L 1999, c 285, �2]
�134-52 Switchblade knives; prohibitions; penalty.
(a) Whoever knowingly manufactures, sells, transfers,
possesses, or transports in the State any switchblade
knife, being any knife having a blade which opens
automatically (1) by hand pressure applied to a button
or other device in the handle of the knife, or
(2) by operation of inertia, gravity, or both, shall be
guilty of a misdemeanor.
(b) Whoever knowingly possesses or intentionally uses
or threatens to use a switchblade knife while engaged in
the commission of a crime shall be guilty of a class C felony.
[L 1959, c 225, �1; Supp, �264-9; HRS �769-1;
ren L 1972, c 9, pt of �1; am L 1990, c 195, �4]
[�134-53] Butterfly knives; prohibitions; penalty.
(a) Whoever knowingly manufactures, sells, transfers,
possesses, or transports in the State any butterfly knife,
being a knife having a blade encased in a split handle that
manually unfolds with hand or wrist action with the
assistance of inertia, gravity or both, shall be guilty of
a misdemeanor.
(b) Whoever knowingly possesses or intentionally uses or
threatens to use a butterfly knife while engaged in the
commission of a crime shall be guilty of a class C felony.
[L 1999, c 285, �1]
[�302A-1134.6] Zero tolerance policy.
(a) Any child who possesses, sells, or uses a dangerous
weapon or switchblade knife, while attending school or
while attending department-supervised activities held on
or off school property, may be excluded from attending
school for up to ninety-two school days, as determined
by the principal and approved by the superintendent or
other individuals designated pursuant to rules adopted
by the board...
(f) For purposes of this section:
(1) "Dangerous weapon" means a dirk, dagger, butterfly
knife, blackjack, slug shot, billy, metal knuckles, or
other instrument whose sole design and purpose is to
inflict bodily injury or death; provided that firearms
are excluded from this definition;
(3) "Switchblade knife" is as defined in section 134-52.
_____________________
1996 versions
Hawaii - Public Safety and Internal Security Section 134.51.
Carrying deadly weapons... Any person not authorized by
law, who carries concealed upon one's person or within any
vehicle... or who is found armed with any dirk, dagger...
or other deadly or dangerous weapon, shall be fined... or
imprisoned... Any weapon above enumerated, shall, upon
conviction... be summarily destroyed...
- 134-52. Whoever knowingly manufactures, sells, transfers,
possesses, or transports in the State any switchblade
knife, being a knife having a blade which opens
automatically (1) by hand pressure applied to a button or
other device in the handle of the knife, or (2) by
operation of inertia, gravity, or both, shall be fined not
more than $1,000 or imprisoned not more than one year, or
both...
Hawaii Case Law:
- "'Other deadly or dangerous weapon' is limited to
instruments whose sole design and purpose is to inflict
bodily injury or death... A 'diver's knife' is neither a
'dangerous weapon' nor a 'dagger'. 'Deadly and dangerous
weapon' is one designed primarily as a weapon or diverted
from normal use and prepared for combat... Cane,
butterfly, and kitchen knives are not deadly or dangerous
weapons... Sheathed sword cane and wooden knuckles with
shark's teeth were 'deadly or dangerous weapons..."
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Idaho
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Illinois
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Indiana
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Idaho - 18-3301. "Every person having upon him any deadly
weapon with intent to assault another is guilty of a
misdemeanor."
- 18-3302. "If any person, excepting [officials] shall
carry concealed upon or about his person any dirk, dirk
knife, bowie knife, dagger... or any other deadly or
dangerous weapon within the limits or confines of any
city, town or village, or in any public assembly, or in
any mining, lumbering, logging, railroad or other
construction camp, public conveyances or on public
highways within the state of Idaho, or shall, in the
presence of one or more persons, exhibit any deadly or
dangerous weapon in a rude, angry or threatening manner,
or shall have or carry such weapons upon or about his
person when intoxicated... or shall [transfer] to any
minor under the age of sixteen years any such weapon
without the consent of the parent... shall be [fined or
imprisoned]; provided, however, that any person shall be
allowed to carry any of the above weapons in the places
mentioned above on securing a permit from the sheriff of
the county...
Idaho Case Law:
- "The right to bear arms may not be denied by the
legislature; it only has the power to 'regulate the
exercise of this right'; that is, among other things, it
may prohibit carrying concealed weapons, or prescribe the
kind or character of arms that may or may not be kept,
carried, or used, and various other things of a regulatory
character." (1937)
- "The right to prohibit carrying of concealed weapons falls
within the police power of a municipality and an ordinance
enforcing same is constitutional." (1945)
- "Instruction [to jury] as to right to bear arms not in
harmony with this section was properly refused." (1932)
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Illinois Criminal Code 720 ILCS 5/24-1. Unlawful Use of
Weapons. (a) A person commits the offense of unlawful use
of weapons when he knowingly... (2) Carries or possesses
with intent to use the same unlawfully against another, a
dagger, dirk, billy, dangerous knife, razor, stiletto,
broken bottle or other piece of glass... or any other
dangerous or deadly weapon of like character...
- 720 ILCS 5/33A-1... A person is considered armed with a
dangerous weapon... when he carries on or about his person
or is otherwise armed with a category I or category II
weapon. (b) A category I weapon is a [firearm or] a knife
with a blade at least 3 inches in length, dagger, dirk,
switchblade knife, stiletto, or any other deadly or
dangerous weapon of like character.
- 720 ILCS 5/24-1. Unlawful Use of Weapons. (a) A person
commits the offense of unlawful use of weapons when he
knowingly: (1) Sells, manufactures, purchases, possesses
or carries any... knife commonly referred to as a
switchblade knife, which has a blade that opens
automatically by hand pressure applied to a button, spring
or other device in the handle of the knife, or a ballistic
knife, which is a device that propels a knifelike blade as
a projectile by means of a coil spring, elastic material,
or compressed gas...
- 720 ILCS 5/33A-1... A person is considered armed with a
dangerous weapon... when he carries on or about his person
or is otherwise armed with a category I or category II
weapon. (b) A category I weapon is a [firearm or] a knife
with a blade at least 3 inches in length, dagger, dirk,
switchblade knife, stiletto, or any other deadly or
dangerous weapon of like character.
Illinois Case Law:
- "Possession of hunting knife is not a crime; however,
knowingly carrying or possessing dangerous weapon with
intent to use same unlawfully against another constitutes
offense..." (1982)
- "Weapon not listed in statute can become "dangerous weapon"
when it is used in a manner dangerous to well being of
individual threatened, and knife with blade less than 3
inches in length can be dangerous weapon if used in such
manner." (1991)
- "A straight-blade razor did not constitute a per se
dangerous weapon, for purposes of armed violence
charge..." (1987)
- "Walking cane, even if not per se dangerous, was...
transformed by defendant's usage into a dangerous weapon."
(1977)
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Indiana - 35-47-5-2. Knife with automatically opening blade
prohibited. -- It is a class B misdemeanor for a person to
manufacture, possess, display, offer, sell, lend, give
away, or purchase any knife with a blade that opens
automatically by hand pressure applied to a button,
spring, or other device in the handle of the knife.
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Iowa
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Kansas
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Kentucky
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Iowa - Crime Control and Criminal Acts - Definitions. 702.7.
Dangerous weapon. A "dangerous weapon" is any instrument
or device designed primarily for use in inflicting death
or injury upon a human being or animal... Dangerous
weapons include, but are not limited to, any offensive
weapon... firearm, dagger, razor, stiletto, switchblade
knife, or knife having a blade exceeding five inches in
length.
- 724.4. Carrying weapons.
1. Except as provided in this section, a person who goes
armed with a dangerous weapon concealed on or about the
person... commits an aggravated misdemeanor.
2. A person who goes armed with a knife concealed on or about
the person, if the person uses the knife in the commission
of a crime, commits an aggravated misdemeanor.
3. A person who goes armed with a knife concealed on or about
the person, if the person does not use the knife in the
commission of a crime:
a. If the knife has a blade exceeding eight inches in length,
commits an aggravated misdemeanor.
b. If the knife has a blade exceeding five inches in length
but not exceeding eight inches in length, commits a
serious misdemeanor.
4. Subsections 1 through 3 do not apply to any of the
following:
a. A person who goes armed with a dangerous weapon in the
person's own dwelling or place of business...
b-d. [officials]
h. A person who carries a knife used in hunting or fishing,
while actually engaged in lawful hunting or fishing.
i. [valid permit]
- 724.1. Offensive Weapons... 5. A ballistic knife. A
ballistic knife is a knife with a detachable blade which
is propelled by a spring-operated mechanism, elastic
material, or compressed gas... Section 724.3. Any
person... who knowingly possesses an offensive weapon
commits a class "D" felony... (Also see Section 724.4.
carrying weapons.)
Iowa Case Law:
- "Intent was essential element in determining whether
defendant who was found in possession of ten-inch kitchen
knife was guilty of crime of carrying a concealed weapon."
(1974)
- "Defendant, who was found carrying two pocketknives, one in
pocket and one on chain around his neck under his shirt,
could not be convicted of carrying concealed dangerous
weapons without proof of intent to use knives as weapons."
(1966)
- "Intended illegal use of knife cannot be inferred from
defendant's bad reputation or former convictions for
assault." (1966)
- "Actual intent of user is not the issue in deciding whether
instrument or device is dangerous..." (1984)
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Kansas - Article 42. Crimes Against the Public Safety;
Weapons Control. Section 21-4201. Criminal use of weapons
is knowingly...
(1) Selling, manufacturing, purchasing, possessing, or
carrying any... knife commonly referred to as a
switchblade knife, which has a blade that opens
automatically by hand pressure applied to a button,
spring, or other device in the handle of the knife, or any
knife having a blade that opens or falls or is ejected
into position by the force of gravity or by an outward,
downward or centrifugal thrust or movement...
(2) carrying concealed on one's person, or possessing the
same with intent to use unlawfully against another, a
dagger, dirk... dangerous knife, straight-edged razor,
stiletto, or any other dangerous or deadly weapon or
instrument of like character, except that an ordinary
pocket knife with no blade more than four inches in length
shall not be construed to be a dangerous knife, or a
dangerous or deadly weapon or instrument...
Kansas Case Law:
- "[city] Ordinance more restrictive than 21-4201 upheld."
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500.080 Definitions for Kentucky Penal Code.
As used in the Kentucky Penal Code, unless the context otherwise requires:
(4) "Deadly weapon" means any of the following:
(a) A weapon of mass destruction;
(b) Any weapon from which a shot, readily capable of producing death or other
serious physical injury, may be discharged;
(c) Any knife other than an ordinary pocket knife or hunting knife;
(d) Billy, nightstick, or club;
(e) Blackjack or slapjack;
(f) Nunchaku karate sticks;
(g) Shuriken or death star; or
(h) Artificial knuckles made from metal, plastic, or other similar hard material;
527.020 Carrying concealed deadly weapon.
(REVISED JULY 2002) [updated January 2005]
(1) A person is guilty of carrying a concealed weapon when he carries concealed a
firearm or other deadly weapon on or about his person.
(2) Peace officers, when necessary for their protection in the discharge of their official
duties; United States mail carriers when actually engaged in their duties; and agents
and messengers of express companies, when necessary for their protection in the
discharge of their official duties, may carry concealed weapons on or about their
person.
(3) Policemen directly employed by state, county, city, or urban-county governments
may carry concealed deadly weapons on or about their person at all times within the
Commonwealth of Kentucky, when expressly authorized to do so by the government
employing the officer.
(4) Persons, except those specified in subsection (5) of this section, licensed to carry a
concealed deadly weapon pursuant to KRS 237.110 may carry a firearm or other
concealed deadly weapon on or about their persons at all times within the
Commonwealth of Kentucky, if the firearm or concealed deadly weapon is carried in
conformity with the requirements of that section. Unless otherwise specifically
provided by the Kentucky Revised Statutes or applicable federal law, no criminal
penalty shall attach to carrying a concealed firearm or other deadly weapon with a
permit at any location at which an unconcealed firearm or other deadly weapon may
be constitutionally carried. No person or organization, public or private, shall
prohibit a person licensed to carry a concealed deadly weapon from possessing a
firearm, ammunition, or both, or other deadly weapon in his or her vehicle in
compliance with the provisions of KRS 237.110 and 237.115. Any attempt by a
person or organization, public or private, to violate the provisions of this subsection
may be the subject of an action for appropriate relief or for damages in a Circuit
Court or District Court of competent jurisdiction.
(5) The following persons, if they hold a license to carry a concealed deadly weapon
pursuant to KRS 237.110, may carry a firearm or other concealed deadly weapon on
or about their persons at all times and at all locations within the Commonwealth of
Kentucky, without limitation:
(a) A Commonwealth's attorney or assistant Commonwealth's attorney;
(b) A county attorney or assistant county attorney;
(c) A justice or judge of the Court of Justice; and
(d) A retired or senior status justice or judge of the Court of Justice.
A person specified in this section who is issued a concealed deadly weapon license
shall be issued a license which bears on its face the statement that it is valid at all
locations within the Commonwealth of Kentucky and may have such other
identifying characteristics as determined by the Department of State Police.
(6) The following persons may carry concealed deadly weapons on or about their person
at all times and at all locations within the Commonwealth of Kentucky:
Page 1 of 2
(a) An elected sheriff and full-time and part-time deputy sheriffs certified pursuant
to KRS 15.380 to 15.404 when expressly authorized to do so by the unit of
government employing the officer;
(b) An elected jailer and a deputy jailer who has successfully completed
Department of Corrections basic training and maintains his or her current inservice
training when expressly authorized to do so by the jailer;
(c) The department head or any employee of a corrections department in any
jurisdiction where the office of elected jailer has been merged with the office of
sheriff who has successfully completed Department of Corrections basic
training and maintains his or her current in-service training when expressly
authorized to do so by the unit of government by which he or she is employed;
(7) A full-time paid peace officer of a government agency from another state or territory
of the United States or an elected sheriff from another territory of the United States
may carry a concealed deadly weapon in Kentucky, on or off duty, if the other state
or territory accords a Kentucky full-time paid peace officer and a Kentucky elected
sheriff the same rights by law. If the other state or territory limits a Kentucky fulltime
paid peace officer or elected sheriff to carrying a concealed deadly weapon
while on duty, then that same restriction shall apply to a full-time paid peace officer
or elected sheriff from that state or territory.
(8) A firearm or other deadly weapon shall not be deemed concealed on or about the
person if it is located in a glove compartment, regularly installed in a motor vehicle
by its manufacturer, regardless of whether said compartment is locked, unlocked, or
does not have a locking mechanism. No person or organization, public or private,
shall prohibit a person from keeping a firearm or ammunition, or both, or other
deadly weapon in a glove compartment of a vehicle in accordance with the
provisions of this subsection. Any attempt by a person or organization, public or
private, to violate the provisions of this subsection may be the subject of an action
for appropriate relief or for damages in a Circuit Court or District Court of
competent jurisdiction.
(9) Carrying a concealed weapon is a Class A misdemeanor, unless the defendant has
been previously convicted of a felony in which a deadly weapon was possessed,
used, or displayed, in which case it is a Class D felony.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 368, sec. 1, effective July 15, 2002. -- Amended
1996 Ky. Acts ch. 119, sec. 3, effective October 1, 1996. -- Amended 1978 Ky. Acts
ch. 342, sec. 2, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 235,
effective January 1, 1975.
KENTUCKY Case Law re "ordinary pocketknife" (2003-2004 cases)
2002-CA-002371
Date: 11/5/2003
NONPUBLISHED BROWN V. COM.
CRIMINAL
CA [Court of Appeals] affirmed TC [Trial Court] order that held pocket knife qualified as a deadly weapon under KRS � 527.070. TC properly found that the knife did not meet the ordinary pocketknife exception of KRS 500.080(4)(c). TC did not err in excluding exce[r]pts from book.
2003-CA-001260
BUCKINGHAM, J.
AFFIRMING
Date: 5/14/2004
NOT TO BE PUBLISHED WHITE V. COM.
CRIMINAL - Crimes (Concealed weapons)
White, Jr., appeals conviction for misdemeanor crime of carrying a concealed deadly weapon and sentencing him to 30 days in jail. Affirmed.
"Nine knives were found in a search of White�s automobile. A multi-tool with a knife blade was found in his right rear pocket. A butterfly knife and a lockblade tactical knife were found under the front driver�s seat. A tactical knife with a seven-inch blade was found wedged between the front seat and console. A dagger was found unsheathed in the rear of the vehicle. Four additional lockblade tactical knives, one with a curved blade, were found in the center console.
There was sufficient evidence for the jury to determine that each of the three knives in question were not ordinary pocket knives or hunting knives but were deadly weapons. Similarly, the evidence was sufficient as to the expandable baton...
"Having reviewed the evidence, we conclude that the Commonwealth�s evidence in connection with three of the knives and the expandable baton was sufficient to overcome White�s directed verdict motion. These three knives are the butterflyknife, the lockblade tactical knife that could be opened with one hand, and the tactical knife with the seven-inch blade.
"As we have noted, the term 'deadly weapon' includes any knife other than an ordinary pocket knife or hunting knife. See KRS 500.080(4)(c). The statute also indicates a '[b]illy,nightstick, or club' falls within the definition of 'deadly weapon.' See KRS 500.080(4)(d).
"In Asher v. Commonwealth, Ky.,473 S.W.2d 145 (1971), the court upheld a conviction for carrying a concealed deadly weapon where the trial court instructed the jury that a butcher knife with a sharp-pointed blade approximately six inches in length was a deadly weapon. Id. at 146. In Williams v. Commonwealth, 304 Ky. 761, 202S.W.2d 408 (1947), a conviction for carrying a concealed deadly weapon was upheld on appeal where the trial court determined that a razor was a deadly weapon and did not submit the issue to a jury. 202 S.W.2d at 409.
"We conclude that the evidence was sufficient in this case for the jury to determine that each of the three knives in question were not ordinary pocket knives or hunting knives but were deadly weapons. Similarly, we conclude the evidence was sufficient as to the expandable baton. We also conclude that the evidence was sufficient for the jury to believe that the knives and expandable baton wereconcealed and were 'on or about [White�s] person.' A review of the testimony indicates that both the butterfly knife and a lockblade tactical knife that could be opened with one hand were under the front driver�s seat. In addition, the tactical knife with a seven-inch blade was wedged between the front seat and console. Finally, the expandable baton, which could be extended with a flick of the wrist, was under the front driver�s seat.
"In Delk v. Commonwealth, Ky. 344 S.W.2d 832 (1961), the court held that '[t]he concealment must be such as to prevent persons from seeing the weapon whose vision is not obscured by the carrier�s person or by anything other than the covering used to conceal it.' Id. at 833. In Prince v.Commonwealth, Ky. 277 S.W.2d 470 (1955), the court stated that a weapon is concealed when it is placed in a manner that it cannot readily be seen under ordinary observation. Id. at 472.
"The three knives in question and the expandable baton were clearly concealed. Finally, the knives in question and the expandable baton were concealed on or about White�s person. To be concealed 'on or about his person' means that the items must be 'concealed in such proximity to the person as to be convenient of access and within immediate physical reach.' Collier v. Commonwealth, Ky., 453 S.W.2d 600, 601 (1970). In that case, a conviction for carrying a concealed deadly weapon was upheld when a pistol was found on the floor under the front seat of a car being driven by the defendant. Id. As two of the knives and the expandable baton were found under the front seat and the other knife was found between the front seat and console, we conclude that the evidence was sufficient for the jury to determine that the knives and the expandable baton were on or about White�s person. Given the evidence presented concerning three of the knives in question and the expandable baton, we simply cannot find it clearly unreasonable for the jury to have found guilt in this case. The judgment of the Fayette Circuit Court is affirmed. ALL CONCUR.
* * *
KENTUCKY Case Law re Deadly Weapons:
- "Law that prohibited the carrying of concealed deadly
weapons prohibited carrying them on one's own premises or
in one's own dwelling." (1939)
- "Law that prohibited carrying concealed deadly weapons
applied to any time or place..." (1948)
- "...the good intent or bad intent of the party carrying the
weapon was immaterial..." (1903)
- "A razor is a deadly weapon within the meaning of the
law..." (1947)
- "A butcher knife with a sharp pointed blade approximately
six inches in length is a deadly weapon." (1971)
527.070 Unlawful possession of a weapon on school property --
(1) A person is guilty of unlawful possession of a weapon on school property when he
knowingly deposits, possesses, or carries, whether openly or concealed, for
purposes other than instructional or school-sanctioned ceremonial purposes, or the
purposes permitted in subsection (3) of this section, any firearm or other deadly
weapon, destructive device, or booby trap device in any public or private school
building or bus, on any public or private school campus, grounds, recreation area,
athletic field, or any other property owned, used, or operated by any board of
education, school, board of trustees, regents, or directors for the administration of
any public or private educational institution. The provisions of this section shall not
apply to institutions of postsecondary or higher education.
(3) (i) A person possessing guns or knives when conducting or attending a "gun and
knife show" when the program has been approved by the board of education
or board of trustees of the educational institution.
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Louisiana
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Maine
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Maryland
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Louisiana - R.S. 14:95. Illegal carrying of weapons is...
(1) The intentional concealment of any firearm, or other
instrumentality customarily used or intended for probable
use as a dangerous weapon, on one's person; or
(4) The manufacture, ownership, possession, custody or use
of any switchblade knife, spring knife or other knife or
similar instrument having a blade which may be
automatically unfolded or extended from a handle by the
manipulation of a button, switch, latch or similar
contrivance...
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Maine - Chapter. 43 17-A Section 1055. 1. A person is guilty
of trafficking in dangerous knives, if providing he has no
right to do so, he knowingly manufactures or causes to be
manufactured, or knowingly possesses, displays, offers,
sells, lends, gives away or purchases any knife which has
a blade which opens automatically by hand pressure applied
to a button, spring or other device in the handle of the
knife, or any knife having a blade which opens or falls or
is ejected into position by the force of gravity, or by an
outward, downward or centrifugal thrust or movement. 2.
Trafficking in dangerous knives is a Class D crime.
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Maryland, updated July 2, 2004
� 4-101. Dangerous weapons.
(a) Definitions.-
(1) In this section the following words have the meanings indicated. (2) "Nunchaku" means a device constructed of two pieces of any substance, including wood, metal, or plastic, connected by any chain, rope, leather, or other flexible material not exceeding 24 inches in length.
(3) (i) "Pepper mace" means an aerosol propelled combination of highly disabling irritant pepper-based products.
(ii) "Pepper mace" is also known as oleoresin capsicum (o.c.) spray.
(4) "Star knife" means a device used as a throwing weapon, consisting of several sharp or pointed blades arrayed as radially disposed arms about a central disk.
(5) (i) "Weapon" includes a dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku.
(ii) "Weapon" does not include:
1. a handgun; or
2. a penknife without a switchblade.
(b) Exceptions for certain individuals.- This section does not prohibit the following individuals from carrying a weapon:
(1) an officer of the State, or of any county or municipal corporation of the State, who is entitled or required to carry the weapon as part of the officer's official equipment, or by any conservator of the peace, who is entitled or required to carry the weapon as part of the conservator's official equipment, or by any officer or conservator of the peace of another state who is temporarily in this State;
(2) a special agent of a railroad;
(3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or
(4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.
(c) Prohibited.-
(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.
(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.
(3) (i) This paragraph applies in Anne Arundel County, Baltimore County, Caroline County, Cecil County, Harford County, Kent County, Montgomery County, Prince George's County, St. Mary's County, Talbot County, Washington County, and Worcester County.
(ii) A minor may not carry a dangerous weapon between 1 hour after sunset and 1 hour before sunrise, whether concealed or not, except while:
1. on a bona fide hunting trip; or
2. engaged in or on the way to or returning from a bona fide trap shoot, sport shooting event, or any organized civic or military activity.
(d) Penalties.-
(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
(2) For a person convicted under subsection (c)(1) or (2) of this section, if it appears from the evidence that the weapon was carried, concealed or openly, with the deliberate purpose of injuring or killing another, the court shall impose the highest sentence of imprisonment prescribed.
[An. Code 1957, art. 27, � 36; 2002, ch. 26, � 2; ch. 213, � 6; ch. 571, � 1; 2003, ch. 17; ch. 21, � 1.]
Maryland Case Law:
- "'Gravity knife' constituted a dangerous or deadly weapon."
(1964)
- "Pocketknife with the blade already open did not require
any time to open the knife, as one would with a penknife,
contained all the offensive qualities of a switchblade or
gravity knife because it was instantly available for
violent use, and was not a penknife within the statutory
exception." (1990)
- "On the face of the statute, there is no indication
contradicting the view that a penknife is a penknife
whether small or large, whether the blade is closed or
open, whether the blade is locked open or unlocked, and
whether it is carried concealed or openly." (1991)
- "A folding knife without switchblade but with a locking
device... falls within the exception for 'penknives
without switchblade" in this section." (1986)
- " A buck [sic] knife (a knife having a blade which folds
into the handle and which locks into place when open)
carried with the blade open was 'penknife without
switchblade' within statutory exception, and this status
was not altered by knife's blade-locking device or fact
that it was carried with its blade open." (1991)
- "Where defendant's conviction was on the basis that the
utility knife was a dangerous and deadly weapon per se,
but the Court did not consider defendant's intent, the
Court of Appeals reversed the conviction and remanded for
a new trial." (1992)
- "Location of the defendant, including whether he or she is
in a public place or on private property, is simply one
factor for the trier of fact to consider..." (1995)
- "For objects not legislatively classified as dangerous and
deadly per se, the State must prove that the object is
within the class described as any other dangerous or
deadly weapon of any kind." (1992)
- "Where the only evidence presented was that the object
appellant was carrying was a knife over three inches long,
this evidence was insufficient to meet the statutory
requirements of this section." (1992)
� 4-102. Deadly weapons on school property.
(a) Exceptions.- This section does not apply to:
(1) a law enforcement officer in the regular course of the officer's duty;
(2) a person hired by a county board of education specifically for the purpose of guarding public school property;
(3) a person engaged in organized shooting activity for educational purposes; or
(4) a person who, with a written invitation from the school principal, displays or engages in a historical demonstration using a weapon or a replica of a weapon for educational purposes.
(b) Prohibited.- A person may not carry or possess a firearm, knife, or deadly weapon of any kind on public school property.
(c) Penalty.-
(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
(2) A person who is convicted of carrying or possessing a handgun in violation of this section shall be sentenced under Subtitle 2 of this title.
[An. Code 1957, art. 27, � 36A; 2002, ch. 26, � 2; ch. 213, � 6.]
� 4-105. Transfer of switchblade or shooting knife.
(a) Prohibited.- A person may not sell, barter, display, or offer to sell or barter:
(1) a knife or a penknife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, commonly called a switchblade knife or a switchblade penknife; or
(2) a device that is designed to propel a knife from a metal sheath by means of a high-compression ejector spring, commonly called a shooting knife.
(b) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 12 months or a fine of not less than $50 and not exceeding $500 or both.
[An. Code 1957, art. 27, � 339; 2002, ch. 26, � 2.]
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Updated 4/23/2002
GENERAL LAWS OF MASSACHUSETTS
PART IV.
CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES.
TITLE I. CRIMES AND PUNISHMENTS.
CHAPTER 269. CRIMES AGAINST PUBLIC PEACE.
Chapter 269: Section 10. Carrying dangerous weapons...
(b) Whoever, except as provided by law, carries on his
person, or carries on his person or under his control
in a vehicle, any stiletto, dagger or a device or case
which enables a knife with a locking blade to be drawn
at a locked position, any ballistic knife, or any knife
with a detachable blade capable of being propelled by any
mechanism, dirk knife, any knife having a double-edged blade,
or a switch knife, or any knife having an automatic spring
release device by which the blade is released from the
handle, having a blade of over one and one-half inches,
or a slung shot, blowgun, blackjack, metallic knuckles
or knuckles of any substance which could be put to the
same use with the same or similar effect as metallic
knuckles, nunchaku, zoobow, also known as klackers or
kung fu sticks, or any similar weapon consisting of two
sticks of wood, plastic or metal connected at one end by a
length of rope, chain, wire or leather, a shuriken or any
similar pointed starlike object intended to injure a person
when thrown, or any armband, made with leather which has
metallic spikes, points or studs or any similar device made
from any other substance or a cestus or similar material
weighted with metal or other substance and worn on the hand,
or a manrikigusari or similar length of chain having weighted
ends; or whoever, when arrested upon a warrant for an alleged
crime, or when arrested while committing a breach or disturbance
of the public peace, is armed with or has on his person, or has
on his person or under his control in a vehicle, a billy or
other dangerous weapon other than those herein mentioned and
those mentioned in paragraph (a), shall be punished by
imprisonment for not less than two and one-half years nor more
than five years in the state prison, or for not less than six
months nor more than two and one-half years in a jail or house
of correction, except that, if the court finds that the defendant
has not been previously convicted of a felony, he may be punished
by a fine of not more than fifty dollars or by imprisonment for
not more than two and one-half years in a jail or house of correction.
Chapter 269: Section 12. Manufacturing and selling knives,
slung shots, swords, bludgeons and similar weapons; punishment.
Section 12. Whoever manufactures or causes to be manufactured,
or sells or exposes for sale, an instrument or weapon of the
kind usually known as a dirk knife, a switch knife or any knife
having an automatic spring release device by which the blade is
released from the handle, having a blade of over one and one-half
inches or a device or case which enables a knife with a locking
blade to be drawn at a locked position, any ballistic knife, or
any knife with a detachable blade capable of being propelled by
any mechanism, slung shot, sling shot, bean blower, sword cane,
pistol cane, bludgeon, blackjack, nunchaku, zoobow, also known
as klackers or kung fu sticks, or any similar weapon consisting
of two sticks of wood, plastic or metal connected at one end by
a length of rope, chain, wire or leather, a shuriken or any
similar pointed starlike object intended to injure a person when
thrown, or a manrikigusari or similar length of chain having
weighted ends; or metallic knuckles or knuckles of any other
substance which could be put to the same use and with the same
or similar effect as metallic knuckles, shall be punished by a
fine of not less than fifty nor more than one thousand dollars
or by imprisonment for not more than six months; provided,
however, that sling shots may be manufactured and sold to clubs
or associations conducting sporting events where such sling shots
are used.
GENERAL LAWS OF MASSACHUSETTS
PART I. ADMINISTRATION OF THE GOVERNMENT.
TITLE XII. EDUCATION.
CHAPTER 71. PUBLIC SCHOOLS.
Section 37H. Policies relative to conduct...
(a) Any student who is found on school premises or at
school-sponsored or school-related events, including
athletic games, in possession of a dangerous weapon,
including, but not limited to, a gun or a knife; or a
controlled substance as defined in chapter ninety-four C,
including, but not limited to, marijuana, cocaine, and
heroin, may be subject to expulsion from the school or
school district by the principal.
* * * *
10/1/04
Boston Municipal Code of Ordinances
16-45 PROHIBITING THE CARRYING OF KNIVES OR SIMILAR WEAPONS.
16-45.1 Carrying of Weapons Prohibited.
No person, except as provided by law, shall carry on his person, or carry under his control in a vehicle, any knife having any type of blade in excess of two and one-half (2� ) inches, ice picks, dirks or similar weapons that are likely to penetrate through police officer's ballistic vests, or other object or tool so redesigned, fashioned, prepared or treated that the same may be used to inflict bodily harm or injury to another, except:
a. When actually engaged in hunting or fishing or any employment, trade or lawful recreational or culinary activity which customarily involves the carrying or use of any type of knife, or
b. In going directly to and/or returning directly from such activities, or
c. If the knife is being transported directly to or from a place of purchase, sharpening, or repair, and if packaged in such a manner as not to allow easy access to the knife while it is being transported.
(Ord. 2001 c. 10) Penalty, see subsection 16-45.4
16-45.2 Distribution Exception.
This section shall not apply to persons who, through entities or establishments engaged in a recognized retail or wholesale business, are involved in the sale, purchase or repair of knives for trade, sport, hobby or recreation, including without limitation persons engaged in the transportation to or from such entities or establishments.
(Ord. 2001 c. 10)
16-45.3 Applicability.
Nothing in this section shall be construed to enhance or diminish any duties of persons described in subsection 16-45.2, and this section shall not be introduced or cited in any proceeding as evidence of negligence, recklessness, or similar state of mind of such persons.
(Ord. 2001 c. 10)
16-45.4 Penalty.
Violators of any provision of this section shall be subject to a fine of not more than three hundred ($300.00) dollars for each offense.
(Ord. 2001 c. 10)
16-45.5 Severability.
The provisions of this section shall be severable and if any section, part, or portion hereof shall be held invalid for any purpose by any court of competent jurisdiction, the decision of such court shall not affect or impair any remaining section, part or portion thereof.
(Ord. 2001 c. 10)
_____________________
1996 extracts
Massachusetts - Chapter 269, Section 10... (b) Whoever,
except as provided by law, carries on his person, or
carries on his person or under his control in a vehicle,
any stiletto, dagger, or a device which enables a knife
with a locking blade to be drawn at a locked position, any
ballistic knife..., dirk knife, any knife having a double-
edged blade, or a switch knife... shall be punished by
imprisonment for not less than two and one-half years nor
more than five years in the state prison... except that,
if the court finds that the defendant has not been
previously convicted of a felony, he may be punished by a
fine of not more than fifty dollars or by imprisonment for
not more than two and one-half years in a jail or house of
correction.
- C. 269, Section 12. Whoever manufactures or causes to be
manufactured, or sells or exposes for sale, an instrument
or weapon of the kind usually known as a dirk knife, a
switch knife... or a device or case which enables a
locking knife to be drawn at a locked position, any
ballistic knife... shall be punished by a fine of not less
than fifty nor more than one thousand dollars or by
imprisonment for not more than six months...
Massachusetts Case Law:
- "Knives described as 'kitchen knife,' 'folding type knife,'
and 'Swiss army knife' may not fall within category of
dangerous weapons." (1994)
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Michigan -750.226... Carrying with unlawful intent
Any person who, with intent to use the same unlawfully
against the person of another, goes armed with a pistol
or other firearm or dagger, dirk, razor, stiletto, or
knife having a blade over 3 inches in length, or any
other dangerous or deadly weapon or instrument, shall
be guilty of a felony, punishable by imprisonment in
the state prison for not more than 5 years or by a fine
of not more than 2,500 dollars.
- 750.226a. Pocket knife opened by mechanical device...
Any person who shall sell or offer to sell, or
any person who shall have in his possession any knife
having the appearance of a pocket knife, the blade or
blades of which can be opened by a flick of a button,
pressure on a handle or other mechanical contrivance shall
be guilty of a misdemeanor... [Also, concealed carry may
be charged as a felony under 750.227.] The provisions of
this section [750.226a] shall not apply to any one-armed
person carrying a knife on his person in connection with
his living requirements.
- 750.227. (1) A person shall not carry a dagger, dirk,
stiletto, a double-edged nonfolding stabbing instrument of
any length, or any dangerous weapon, except a hunting
knife adapted and carried as such, concealed on or about
his or her person, or whether concealed or otherwise in
any vehicle... except in his or her dwelling house [or]
place of business... (3) A person who violates this
section is guilty of a felony...
- 750.222a Double-edged, nonfolding stabbing instrument defined.
(1) As used in this chapter, 'doubled-edged, nonfolding
stabbing instrument' does not include a knife, tool,
implement, arrowhead, or artifact manufactured from stone by
means of conchoidal fracturing.
(2) Subsection (1) does not apply to an item being transported
in a vehicle, unless the item is in a container and inaccessible
to the driver.
History: Add. 2000, Act 343, Imd. Eff. Dec. 27, 2000 .
- 259.80f Possessing... certain items in sterile area of airport;
(1) An individual shall not possess, carry, or attempt to possess
or carry any of the following in a sterile area of a commercial airport:
(a) Firearm.
(b) Explosive.
(c) Knife with a blade of any length.
(d) Razor, box cutter, or item with a similar blade.
(e) Dangerous weapon.
(2) Except as provided in subsection (3), an individual who
violates subsection (1) is guilty of a misdemeanor punishable
by imprisonment for not more than 1 year or a fine of not more
than $1,000.00, or both.
(3) An individual who violates subsection (1) while doing any of
the following is guilty of a felony punishable by imprisonment for
not more than 10 years or a fine of not more than $10,000.00, or both:
(a) Getting on or attempting to get on an aircraft.
(b) Placing, attempting to place, or attempting to have placed on an
aircraft an item listed in subsection (1).
(c) Committing or attempting to commit a felony.
(4) [Exempts most officials]...
(7) As used in this section:
(a) 'Commercial airport' means an airport that has regularly
scheduled commercial flights to and from other destinations.
(c) 'Sterile area' means that term as defined in 14 C.F.R. 107.1.
History: Add. 2001, Act 225, Eff. Apr. 1, 2002 .
- 380.1313 Dangerous weapon found in possession of pupil...
(1) If a dangerous weapon is found in the possession of a pupil
while the pupil is in attendance at school or a school activity
or while the pupil is enroute to or from school on a school bus,
the superintendent of the school district or intermediate school
district, or his or her designee, immediately shall report that
finding to the pupil's parent or legal guardian and the local
law enforcement agency.
(2) If a school official finds that a dangerous weapon is in the
possession of a pupil as described in subsection (1), the school
official may confiscate the dangerous weapon or shall request a
law enforcement agency to respond as soon as possible and to
confiscate the dangerous weapon. If a school official confiscates
a dangerous weapon under this subsection, the school official
shall give the dangerous weapon to a law enforcement agency and
shall not release the dangerous weapon to any other person,
including the legal owner of the dangerous weapon. A school
official who complies in good faith with this section is not
civilly or criminally liable for that compliance...
(4) As used in this section, 'dangerous weapon' means a firearm,
dagger, dirk, stiletto, knife with a blade over 3 inches in length,
pocket knife opened by a mechanical device, iron bar, or brass knuckles.
History: Add. 1987, Act 211, Imd. Eff. Dec. 22, 1987 ;--Am. 1995,
Act 76, Eff. Aug. 1, 1995 .
Popular Name: Act 451
*
Michigan Case Law:
- "Constitutionality: The double jeopardy protection against
multiple punishment for the same offense is a restriction
on a court's ability to impose punishment in excess of that
intended by the Legislature, not a limit on the Legislature's
power to define crime and fix punishment. People v. Sturgis,
427 Mich. 392, 397 N.W.2d 783 (1986).
- "Purpose of this section is to prevent quarreling or
criminal persons from suddenly drawing weapons without
notice to other persons." (1980)
- "Purpose of concealed weapons statutes, such as this
section, is to prevent men in sudden quarrel or in
commission of crime from drawing concealed weapons and
using them without prior notice to their victims that they
were armed, inasmuch as person attacked would behave one
way if he knew his assailant was armed and perhaps another
way if he could safely presume that assailant was
unarmed." (1969)
- "The basic intent of the legislature as indicated in
concealed weapon statute was that weapons should not be
carried when they might be used to take lives." (1968)
_ "...the 'dwelling house' exception to the concealed weapons
statute did not apply to defendant who was incarcerated in
state prison at time of alleged commission of such
offense." (1978)
- "Purpose or intent with which a weapon is carried is not an
element of offense of carrying a concealed weapon." (1973)
- "Jury's determination that knife sharpening steel, which
defendant... contended he carried only for protection...
was a concealed weapon, was justified." (1971)
- "Straight razor in pocket of defendant was 'concealed'..."
(1967)
- "Daggers, dirks, stilettos... and similar articles,
designed for the purpose of bodily assault or defense, are
generally recognized as 'dangerous weapons per se'..."
(1945)
- "Pocket knives, razors, hammers, hatchets, wrenches,
cutting tools, and other articles would constitute
'dangerous weapons'... if used or carried for use as
weapons." (1945)
- "An ordinary jackknife with a pointed blade 3-5/16 inches
long was not a 'dangerous weapon...' in the absence of
evidence that it was used or carried for use as a weapon."
(1945)
- "Five-inch, double-edged, nonfolding knife was not a
'hunting knife' within hunting knife exception..." (1989)
- "Defendant charged with carrying concealed weapon had
burden of proving that hunting knife was 'adapted and
carried as such'..." (1980)
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Minnesota - Section 609.66. Dangerous weapons. Subdivision 1.
Acts prohibited. Whoever does any of the following is
guilty of a misdemeanor... (4) manufactures, transfers, or
possesses... a switchblade knife opening automatically...
Subdivision 2. Exceptions. Nothing in this section
prohibits the possession of the articles mentioned by
museums or collectors of art or for other lawful purposes
of public exhibition.
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Mississippi
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Missouri
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Montana
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Mississippi Code : Crimes
� 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties.
(1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed in whole or in part, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, slingshot, pistol, revolver, or any rifle with a barrel of less than sixteen (16) inches in length, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm, or uses or attempts to use against another person any imitation firearm, shall upon conviction be punished as follows:
(a) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or both, in the discretion of the court, for the first conviction under this section.
(b) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, for the second conviction under this section.
(c) By imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years, for the third or more convictions under this section.
(d) By imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years for any person previously convicted of any felony who is convicted under this section.
(2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.
(3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed in whole or in part if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, "legitimate weapon-related sports activity" means hunting, fishing, target shooting or any other legal sports activity which normally involves the use of a firearm or other weapon.
Sources: Codes, 1880, � 2985; 1892, � 1026; Laws, 1906, � 1103; Hemingway's 1917, � 829; Laws, 1930, � 853; Laws, 1942, � 2079; Laws, 1898, p. 86; Laws, 1960, ch. 242, � 1; Laws, 1962, ch. 310, � 1; Laws, 1991, ch. 609, � 4, eff from and after July 1, 1991.
* * * * *
� 97-37-5. Unlawful for convicted felon to possess any firearms, or other weapons or devices; penalties; exceptions.
(1) It shall be unlawful for any person who has been convicted of a felony under the laws of this state, any other state, or of the United States to possess any firearm or any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, or any muffler or silencer for any firearm unless such person has received a pardon for such felony, has received a relief from disability pursuant to Section 925(c) of Title 18 of the U.S. Code, or has received a certificate of rehabilitation pursuant to subsection (3) of this section.
(2) Any person violating this section shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Five Thousand Dollars ($5,000.00), or committed to the custody of the State Department of Corrections for not more than three (3) years, or both.
(3) A person who has been convicted of a felony under the laws of this state may apply to the court in which he was convicted for a certificate of rehabilitation. The court may grant such certificate in its discretion upon a showing to the satisfaction of the court that the applicant has been rehabilitated and has led a useful, productive and law-abiding life since the completion of his sentence and upon the finding of the court that he will not be likely to act in a manner dangerous to public safety.
Sources: Codes, 1880, � 2985; 1892, � 1026; Laws, 1906, � 1103; Hemingway's 1917, � 829; Laws, 1930, � 853; Laws, 1942, � 2079; Laws, 1898, p. 86; Laws, 1960, ch. 242, � 1; Laws, 1962, ch. 310, � 1; Laws, 1993, ch. 482, � 1, eff from and after July 1, 1993.
* * * * * *
� 97-37-7. Deadly weapons; persons permitted to carry weapons; bond; permit to carry weapon; grounds for denying application for permit; required weapons training course; reciprocal agreements.
(1) (a) It shall not be a violation of Section 97-37-1 or any other statute for pistols, firearms or other suitable and appropriate weapons to be carried by duly constituted bank guards, company guards, watchmen, railroad special agents or duly authorized representatives who are not sworn law enforcement officers, agents or employees of a patrol service, guard service, or a company engaged in the business of transporting money, securities or other valuables, while actually engaged in the performance of their duties as such, provided that such persons have made a written application and paid a nonrefundable permit fee of One Hundred Dollars ($100.00) to the Department of Public Safety.
(b) No permit shall be issued to any person who has ever been convicted of a felony under the laws of this or any other state or of the United States. To determine an applicant's eligibility for a permit, the person shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. The department shall charge a fee which includes the amounts required by the Federal Bureau of Investigation and the department for the national and state criminal history record checks and any necessary costs incurred by the department for the handling and administration of the criminal history background checks. In the event a legible set of fingerprints, as determined by the Department of Public Safety and the Federal Bureau of Investigation, cannot be obtained after a minimum of three (3) attempts, the Department of Public Safety shall determine eligibility based upon a name check by the Mississippi Highway Safety Patrol and a Federal Bureau of Investigation name check conducted by the Mississippi Safety Patrol at the request of the Department of Public Safety.
(c) A person may obtain a duplicate of a lost or destroyed permit upon payment of a Fifteen Dollar ($15.00) replacement fee to the Department of Public Safety, if he furnishes a notarized statement to the department that the permit has been lost or destroyed.
(d) (i) No less than ninety (90) days prior to the expiration date of a permit, the Department of Public Safety shall mail to the permit holder written notice of expiration together with the renewal form prescribed by the department. The permit holder shall renew the permit on or before the expiration date by filing with the department the renewal form, a notarized affidavit stating that the permit holder remains qualified, and the renewal fee of Fifty Dollars ($50.00); provided, however, that honorably retired law enforcement officers shall be exempt from payment of the renewal fee. A permit holder who fails to file a renewal application on or before its expiration date shall pay a late fee of Fifteen Dollars ($15.00).
(ii) Renewal of the permit shall be required every four (4) years. The permit of a qualified renewal applicant shall be renewed upon receipt of the completed renewal application and appropriate payment of fees.
(iii) A permit cannot be renewed six (6) months or more after its expiration date, and such permit shall be deemed to be permanently expired; the holder may reapply for an original permit as provided in this section.
(2) It shall not be a violation of this or any other statute for pistols, firearms or other suitable and appropriate weapons to be carried by Department of Wildlife, Fisheries and Parks law enforcement officers, railroad special agents who are sworn law enforcement officers, investigators employed by the Attorney General, district attorneys, legal assistants to district attorneys, criminal investigators employed by the district attorneys, investigators or probation officers employed by the Department of Corrections, employees of the State Auditor who are authorized by the State Auditor to perform investigative functions, or any deputy fire marshal or investigator employed by the State Fire Marshal, while engaged in the performance of their duties as such, or by fraud investigators with the Department of Human Services, or by judges of the Mississippi Supreme Court, Court of Appeals, circuit, chancery, county and municipal courts. Before any person shall be authorized under this subsection to carry a weapon, he shall complete a weapons training course approved by the Board of Law Enforcement Officer Standards and Training. Before any criminal investigator employed by a district attorney shall be authorized under this section to carry a pistol, firearm or other weapon, he shall have complied with Section 45-6-11 or any training program required for employment as an agent of the Federal Bureau of Investigation. A law enforcement officer, as defined in Section 45-6-3, shall be authorized to carry weapons in courthouses in performance of his official duties. This section shall in no way interfere with the right of a trial judge to restrict the carrying of firearms in the courtroom.
(3) It shall not be a violation of this or any other statute for pistols, firearms or other suitable and appropriate weapons, to be carried by any out-of-state, full-time commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification. The provisions of this subsection shall only apply if the state where the out-of-state officer is employed has entered into a reciprocity agreement with the state that allows full-time commissioned law enforcement officers in Mississippi to lawfully carry or possess a weapon in such other states. The Commissioner of Public Safety is authorized to enter into reciprocal agreements with other states to carry out the provisions of this subsection.
Sources: Codes, 1880, � 2985; 1892, � 1026; Laws, 1906, � 1103; Hemingway's 1917, � 829; Laws, 1930, � 853; Laws, 1942, � 2079; Laws, 1898, p. 86; Laws, 1960, ch. 242, � 1; Laws, 1962, ch. 310, � 1; Laws, 1973, ch. 437, � 1; Laws, 1974, ch. 323 � 1; Laws, 1981, ch. 415, � 1; Laws, 1986, ch. 372; Laws, 1990, ch. 483, � 1; Laws, 1991, ch. 609, � 5; Laws, 1995, ch. 534, � 1; Laws, 1998, ch. 472, � 1; Laws, 2000, ch. 439, � 1; Laws, 2001, ch. 566, � 2; Laws, 2002, ch. 577, � 1, eff from and after July 1, 2002.
* * * * * * *
� 97-37-9. Deadly weapons; defenses against indictment for carrying deadly weapon.
Any person indicted or charged for a violation of Section 97-37-1 may show as a defense:
(a) that he was threatened, and had good and sufficient reason to apprehend a serious attack from any enemy, and that he did so apprehend; or
(b) that he was traveling and was not a tramp, or was setting out on a journey and was not a tr or
(c) that he was a law enforcement or peace officer in the discharge of his duties; or
(d) that he was at the time in the discharge of his duties as a mail carrier; or
(e) that he was at the time engaged in transporting valuables for an express company or bank; or
(f) that he was a member of the Armed Forces of the United States, National Guard, State Militia, Emergency Management Corps, guard or patrolman in a state or municipal institution while in the performance of his official duties; or
(g) that he was in lawful pursuit of a felon; or
(h) that he was lawfully engaged in legitimate sports; or
(i) that at the time he was a company guard, bank guard, watchman, or other person enumerated in Section 97-37-7, and was then actually engaged in the performance of his duties as such, and then held a valid permit from the sheriff, the commissioner of public safety, or a valid permit issued by the secretary of state prior to May 1, 1974, to carry the weapon; and the burden of proving either of said defenses shall be on the accused.
Sources: Codes, 1892, � 1027; Laws, 1906, � 1105; Hemingway's 1917, � 831; Laws, 1930, � 855; Laws, 1942, � 2081; Laws, 1912, ch. 210; Laws, 1960, ch. 242, � 2; Laws, 1962, ch. 310, � 2; Laws, 1974, ch. 323, � 2; Laws, 1980, ch. 491, � 26, eff from and after passage (approved May 9, 1980).
* * * * * * *
� 97-37-11. Deadly weapons; dealers to keep record of weapons sold.
Every merchant or dealer or pawnbroker that sells bowie-knives, dirk-knives, pistols, brass or metallic knuckles or slungshots, shall keep a record of all sales of such weapons sold, showing the description of the weapons, the name of the purchaser, and the description of weapons and date of sale. This record to be opened to public inspection at any time to persons desiring to see it. The dealer who violates this section shall be guilty of a misdemeanor, and upon conviction shall be fined not less than Five Dollars ($5.00) nor more than Twenty-five Dollars ($25.00).
Sources: Codes, 1906, � 1106; Hemingway's 1917, � 832; Laws, 1930, � 856; Laws, 1942, � 2082; Laws, 2002, ch. 429, � 1, eff from and after July 1, 2002.
* * * * * *
� 97-37-13. Deadly weapons; weapons and cartridges not to be given to minor or intoxicated person.
It shall not be lawful for any person to sell, give or lend to any minor under eighteen (18) years of age or person intoxicated, knowing him to be a minor under eighteen (18) years of age or in a state of intoxication, any deadly weapon, or other weapon the carrying of which concealed is prohibited, or pistol cartridge; and, on conviction thereof, he shall be punished by a fine not more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail not exceeding one (1) year, or both.
Sources: Codes, 1880, � 2986; 1892, � 1028; Laws, 1906, � 1107; Hemingway's 1917, � 833; Laws, 1930, � 857; Laws, 1942, � 2083; Laws, 1994, ch. 607, � 8, eff from and after July 2, 1994.
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� 97-37-14. Possession of handgun by minor; act of delinquency; exceptions.
(1) Except as otherwise provided in this section, it is an act of delinquency for any person who has not attained the age of eighteen (18) years knowingly to have any handgun in such person's possession.
[includes exemptions]
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� 97-37-15. Parent or guardian not to permit minor son to have or carry weapon; penalty.
Any parent, guardian or custodian who shall knowingly suffer or permit any child under the age of eighteen (18) years to have or to own, or to carry concealed, in whole or in part, any weapon the carrying of which concealed is prohibited, shall be guilty of a misdemeanor, and, on conviction,shall be fined not more than One Thousand Dollars ($1,000.00), and shall be imprisoned not more than six (6) months in the county jail. The provisions of this section shall not apply to a minor who is exempt from the provisions of Section 97-37-14.
Sources: Codes, 1880, � 2987; 1892, � 1029; Laws, 1906, � 1108; Hemingway's 1917, � 834; Laws, 1930, � 858; Laws, 1942, � 2084; Laws, 1994, ch. 607, � 9, eff from and after July 2, 1994.
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� 97-37-17. Possession of weapons by students; aiding or encouraging.
(1) The following definitions apply to this section:
(a) "Educational property" shall mean any public or private school building or bus, public or private school campus, grounds, recreational area, athletic field, or other property owned, used or operated by any local school board, school, college or university board of trustees, or directors for the administration of any public or private educational institution or during a school related activity; provided however, that the term "educational property" shall not include any sixteenth section school land or lieu land on which is not located a school building, school campus, recreational area or athletic field.
(b) "Student" shall mean a person enrolled in a public or private school, college or university, or a person who has been suspended or expelled within the last five (5) years from a public or private school, college or university, whether the person is an adult or a minor.
(c) "Switchblade knife" shall mean a knife containing a blade or blades which open automatically by the release of a spring or a similar contrivance.
(d) "Weapon" shall mean any device enumerated in subsection (2) or (4) of this section.
(2) It shall be a felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind, or any dynamite cartridge, bomb, grenade, mine or powerful explosive on educational property. However, this subsection does not apply to a BB gun, air rifle or air pistol. Any person violating this subsection shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Five Thousand Dollars ($5,000.00), or committed to the custody of the State Department of Corrections for not more than three (3) years, or both.
(3) It shall be a felony for any person to cause, encourage or aid a minor who is less than eighteen (18) years old to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind, or any dynamite cartridge, bomb, grenade, mine or powerful explosive on educational property. However, this subsection does not apply to a BB gun, air rifle or air pistol. Any person violating this subsection shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Five Thousand Dollars ($5,000.00), or committed to the custody of the State Department of Corrections for not more than three (3) years, or both.
(4) It shall be a misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), and any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction and maintenance on educational property. Any person violating this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000.00), or be imprisoned not exceeding six (6) months, or both.
(5) It shall be a misdemeanor for any person to cause, encourage or aid a minor who is less than eighteen (18) years old to possess or carry, whether openly or concealed, any BB gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade, knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving) and any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction and maintenance on educational property. Any person violating this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000.00), or be imprisoned not exceeding six (6) months, or both.
(6) It shall not be a violation of this section for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind on educational property if:
(a) The person is not a student attending school on any educational property;
(b) The firearm is within a motor vehicle; and
(c) The person does not brandish, exhibit or display the firearm in any careless, angry or threatening manner.
(7) This section shall not apply to:
(a) A weapon used solely for educational or school-sanctioned ceremonial purposes, or used in a school-approved program conducted under the supervision of an adult whose supervision has been approved by the school authority;
(b) Armed forces personnel of the United States, officers and soldiers of the militia and National Guard, law enforcement personnel, any private police employed by an educational institution, State Militia or Emergency Management Corps and any guard or patrolman in a state or municipal institution, when acting in the discharge of their official duties;
(c) Home schools as defined in the compulsory school attendance law, Section 37-13-91;
(d) Competitors while participating in organized shooting events;
(e) Any person as authorized in Section 97-37-7 while in the performance of his official duties;
(f) Any mail carrier while in the performance of his official duties; or
(g) Any weapon not prescribed by Section 97-37-1 which is in a motor vehicle under the control of a parent, guardian or custodian, as defined in Section 43-21-105, which is used to bring or pick up a student at a school building, school property or school function.
(8) All schools shall post in public view a copy of the provisions of this section.
Sources: Codes, 1880, � 2988; 1892, � 1030; Laws, 1906, � 1109; Hemingway's 1917, � 835; Laws, 1930, � 859; Laws, 1942, � 2085; Laws, 1994, ch. 607, � 1; Laws, 1995, ch. 607, � 1, eff from and after July 1, 1995.
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� 97-37-19. Deadly weapons; exhibiting in rude, angry, or threatening manner.
If any person, having or carrying any dirk, dirk-knife, sword, sword-cane, or any deadly weapon, or other weapon the carrying of which concealed is prohibited, shall, in the presence of three or more persons, exhibit the same in a rude, angry, or threatening manner, not in necessary self-defense, or shall in any manner unlawfully use the same in any fight or quarrel, the person so offending, upon conviction thereof, shall be fined in a sum not exceeding five hundred dollars or be imprisoned in the county jail not exceeding three months, or both. In prosecutions under this section it shall not be necessary for the affidavit or indictment to aver, nor for the state to prove on the trial, that any gun, pistol, or other firearm was charged, loaded, or in condition to be discharged.
Sources: Codes, Hutchinson's 1848, ch. 64, art. 9(9); 1857, ch. 64, art. 56; 1871, � 2699; 1880, � 2804; 1892, � 1031; Laws, 1906, � 1110; Hemingway's 1917, � 836; Laws, 1930, � 860; Laws, 1942, � 2086.
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Mississippi Case Law:
- "In prosecution for exhibiting a deadly weapon, it was not
necessary for the state to prove that weapon was exhibited
at any particular individual..." (1952)
- "Pocket knife is a deadly weapon." (1912)
- "A provocation to justify the exhibiting of a deadly weapon
must arise at the time of the exhibition." (1897)
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Missouri - Chapter 571, Weapons Offenses [excerpts].
- 571.010. Definitions...
(10) "Knife" means any dagger, dirk, stiletto, or bladed hand instrument that is readily capable of inflicting serious physical injury or death by cutting or stabbing a person. For purposes of this chapter, "knife" does not include any ordinary pocketknife with no blade more than four inches in length;
(11) "Knuckles" means any instrument that consists of finger rings or guards made of a hard substance that is designed or adapted for the purpose of inflicting serious physical injury or death by striking a person with a fist enclosed in the knuckles;
(18) "Switchblade knife" means any knife which has a blade that folds or closes into the handle or sheath, and
(a) That opens automatically by pressure applied to a button or other device located on the handle; or
(b) That opens or releases from the handle or sheath by the force of gravity or by the application of centrifugal force.
- 571.020...
1. A person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells:
(7) A switchblade knife;
(9) Knuckles.
2. A person does not commit a crime pursuant to this section if his conduct:
(1) Was incident to the performance of official duty by the armed forces, national guard, a governmental law enforcement agency, or a penal institution; or
(2) Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subdivision (1) of this section; or...
(4) Was incident to displaying the weapon in a public museum or exhibition; or
(5) Was incident to dealing with the weapon solely as a curio, ornament, or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance;
3. A crime pursuant to... subdivision (7), (8) or (9) of subsection 1 of this section is a class A misdemeanor.
(L. 1981 H.B. 296, A.L. 2002 S.B. 712)
- 571.030.
1. A person commits the crime of unlawful use of weapons if he or she knowingly:
(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or...
(4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or
8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof; or...
(10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.
2. Subdivisions (1), (3), (4), (6), (7), (8), (9) and (10) of subsection 1 of this section shall not apply to or affect any of the following: [law enforcement, military, judges, carry permit holders, etc. This exemption applies only to 571.030, not to 571.020]
Chapter 160 - Schools--General Provisions
160.261. 1. The local board of education of each school district shall clearly establish a written policy of discipline... 2... The policy shall at a minimum require school administrators to report, as soon as reasonably practical, to the appropriate law enforcement agency any of the following felonies, or any act which if committed by an adult would be one of the following felonies:
(19) The possession of a weapon under chapter 571, RSMo;
6. For the purpose of this section, the term "weapon" shall mean a firearm as defined under 18 U.S.C. 921 and the following items, as defined in section 571.010, RSMo: a blackjack, a concealable firearm, an explosive weapon, a firearm, a firearm silencer, a gas gun, a knife, knuckles, a machine gun, a projectile weapon, a rifle, a shotgun, a spring gun or a switchblade knife; except that this section shall not be construed to prohibit a school board from adopting a policy to allow a Civil War reenactor to carry a Civil War era weapon on school property for educational purposes so long as the firearm is unloaded. The local board of education shall define weapon in the discipline policy. Such definition shall include the weapons defined in this subsection but may also include other weapons.
Missouri Case Law:
- "Knife which was 7 to 8 inches long with a 4 to 5 inch
blade could be found to be a 'dagger' and thus a 'deadly
weapon'... (1982)
- "Information charging defendant with knowingly carrying a
concealed weapon, a boot knife with a 4-1/2 inch blade,
was sufficient to negative statutory exception to offense
of unlawful use of weapon, providing that pocketknife with
blade no more than 4 inches in length is not a knife,
where defendant's knife had a fixed double-edge blade that
did not fold into handle." (1982)
- "Evidence that knife defendant was carrying was a paring
knife with a sharp point supported classification of knife
as bladed hand instrument readily capable of inflicting
serious physical injury or death by cutting or stabbing
person within meaning of... 571.010, and thus, issue of
whether defendant carried a 'knife' was properly submitted
to jury." (1986)
- "State trial court's admission of knife in prosecution...
over objection that it did not meet the statutory
definition of 'knife' did not violate any constitutional
right or deny due process..." (1992)
- "Butterknife used by defendant in burglary and attempted
forcible sodomy was 'dangerous instrument'..." (1993)
- "... steak knife was 'dangerous instrument' as employed by
defendant..." (1993)
- "This section prohibiting carrying concealed weapon
includes 'straight razor'..." (1977)
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Montana - 45-8-316. Carrying concealed weapons. (1) Every
person who carries or bears concealed upon his person a
dirk, dagger... sword cane... knife having a blade 4
inches long or longer, razor not including a safety razor,
or other deadly weapon shall be punished by a fine... or
imprisonment...
- 45-8-317. Exceptions [officials; permit holders] (9) a
person who is outside the official boundaries of a city or
town or the confines of a logging, lumbering, mining, or
railroad camp or who is lawfully engaged in hunting,
fishing, trapping, camping, hiking, backpacking, farming,
ranching, or other outdoor activity in which weapons are
often carried for recreation or protection; or (10) the
carrying of arms on one's own premises...
- 45-8-331. Switchblade knives. (1) Every person who carries
or bears upon his person, who carries or bears within or
on any motor vehicle or other means of conveyance owned or
operated by him, or who owns or possesses, uses, stores,
gives away, sells, or offers for sale a switchblade knife
shall be punished by a fine not exceeding $500 or by
imprisonment in the county jail for a period not exceeding
6 months or by both... (2) A bona fide collector whose
collection is registered with the sheriff of the county in
which said collection is located is hereby exempted from
the provisions of this section. (3) For the purpose of
this section a switchblade knife is defined as any knife
which has a blade 1 1/2 inches long or longer which opens
automatically by hand pressure applied to a button,
spring, or other device in the handle of the knife.
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Nebraska
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Nevada
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New Hampshire
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Nebraska - Crimes and Punishments. 28-1201. Terms, defined...
(4) Knife shall mean any dagger, dirk, knife, or stiletto
with a blade over 3-1/2 inches in length or any other
dangerous instrument capable of inflicting cutting,
stabbing, or tearing wounds...
- 28-1202. (1) ...any person who carries a weapon or weapons
concealed on or about his person such as a... bowie knife,
dirk or knife with a dirk blade attachment... or any other
deadly weapon commits the offense of carrying a concealed
weapon.
(2) It shall be an affirmative defense that the defendant
was engaged in any lawful business, calling, or employment
at the time he or she was carrying any weapon or weapons
and the circumstances in which such person was placed at
the time were such as to justify a prudent person in
carrying the weapon or weapons for the defense of his or
her person, property, or family.
Nebraska Case Law:
- "Whether an object or weapon not specifically enumerated in
subsection (1) of this section was a deadly weapon is a
question of fact to be decided by the trier of fact."
(1983)
- "Section 28-1202(1)... is sufficiently definite to meet the
requirements of the first and fifth amendments to the U.S.
Constitution and Art. I, section 3, of the Nebraska
Constitution..."
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Nevada - Crimes against public health and safety. 202.350.
1. It is unlawful for a person within this state to:
(a) Manufacture or cause to be manufactured, or import into
the state, or keep, offer or expose for sale, or give,
lend or possess any knife which is made an integral part
of a belt buckle or any instrument or weapon of the kind
commonly known as switchblade knife...
(b)... carry concealed upon his person any...
(2) Dirk, dagger or machete... [A 1995 amendment
substituted "machete" in this subsection for "dangerous
knife."]
(4) Knife which is made an integral part of a belt
buckle...
2. It is unlawful for a person to possess or use a:
(a) Nunchaku or trefoil with the intent to inflict harm
upon the person of another...
5. As used in this section...
(e) "Trefoil" means an instrument consisting of a metal
plate having three or more radiating points with sharp
edges, designed in the shape of a star, cross or other
geometric figure and used as a weapon for throwing.
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New Hampshire -
- 159:16. Carrying or Selling Weapons. Whoever, except as provided by the laws of this state, sells, has in his possession with intent to sell, or carries on his person any stiletto, switch knife, blackjack, dagger, dirk-knife, slung shot or metallic knuckles shall be guilty of a misdemeanor; and such weapon or articles so carried by him shall be confiscated to the use of the state.
- 159:15. Possession of Dangerous Weapon While Committing a Violent Crime. I. A person shall be guilty of a class A misdemeanor if that person uses or employs slung shot, metallic knuckles, billies, or other deadly weapon as defined in RSA 625:11, V during the commission or attempted commission of a violent crime.
- 159:24. Sale of Martial Arts Weapons.
I. "Martial arts weapon" means any kind of sword, knife,
spear, throwing star, throwing dart, or nunchaku or any
other object designed for use in the martial arts which
capable of being used as a lethal or dangerous weapon.
II. Any person who shall sell, deliver, or otherwise
transfer any martial arts weapon to a person under the age
of 18... shall be guilty of a misdemeanor... [exempts
parents, guardians, and those to whom they give written
permission].
- 159:3 Convicted Felons.
I. A person is guilty of a class B felony if he:
(a) Owns or has in his possession or under his control, a... metallic knuckles, billies, stiletto, switchblade knife, sword cane, blackjack, dagger, dirk-knife, or other deadly weapon as defined in RSA 625:11, V; and
(b) Has been convicted in either a state or federal court in this or any other state, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States of:
(1) A felony against the person or property of another; or
(2) A felony under RSA 318-B; or
(3) A felony violation of the laws of any other state, the District of Columbia, the United States, the Commonwealth of Puerto Rico or any territory or possession of the United States relating to controlled drugs as defined in RSA 318-B.
II. The state shall confiscate to the use of the state the weapon or weapons of persons convicted under this section.
III. It is an affirmative defense to a charge under this section that a felony of which a defendant has been convicted in another jurisdiction would not have constituted a felony in the state of New Hampshire at the time such felony was committed.
- 625:11 General Definitions.
V. "Deadly weapon'' means any firearm, knife or other substance or thing which, in the manner it is used, intended to be used, or threatened to be used, is known to be capable of producing death or serious bodily injury.
VI. "Serious bodily injury'' means any harm to the body which causes severe, permanent or protracted loss of or impairment to the health or of the function of any part of the body.
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New Jersey
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New Mexico
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New York
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New Jersey - Code of Criminal Justice
- 2C:39-3 Prohibited Weapons and Devices...
e. Certain weapons. Any person who knowingly has in his
possession any gravity knife, switchblade knife, dagger,
dirk, stiletto, billy, blackjack, metal knuckle, sandclub,
slingshot, cestus or similar leather band studded with
metal filings or razor blades imbedded in wood, ballistic
knife, without any explainable lawful purpose, is guilty
of a crime of the fourth degree.
- 2C:39-1 h. "Gravity knife" means any knife which has a
blade which is released from the handle or sheath thereof
by the force of gravity or the application of centrifugal
force... p. "Switchblade knife" means any knife or similar
device which has blade which opens automatically by hand
pressure applied to a button, spring or other device in
the handle of the knife... u. "Ballistic knife" means any
weapon or other device capable of lethal use and which can
propel a knife blade.
- 2C:39-4. Possession of weapons for unlawful purposes...
d. Other weapons. Any person who has in his possession any
weapon, except a firearm, with a purpose to use it
unlawfully against the person or property of another is
guilty of a crime of the third degree.
- 2C:39-5. Unlawful Possession of Weapons... d. Other weapons.
Any person who knowingly has in his possession any other
weapon under circumstances not manifestly appropriate for
such lawful uses as it may have is guilty of a crime of
the fourth degree.
- - e. Firearms or other weapons in educational institutions...
(2)Any person who knowingly possesses any weapon enumerated
in paragraphs (3) and (4) of subsection r. of N.J.S.2C:39-1
or any components which can readily be assembled into a
firearm or other weapon enumerated in subsection r. of
N.J.S.2C:39-1 or any other weapon under circumstances not
manifestly appropriate for such lawful use as it may have,
while in or upon any part of the buildings or grounds of any
school, college, university or other educational institution
without the written authorization of the governing officer
of the institution is guilty of a crime of the fourth degree.
- 2C:39-6. f. Nothing in subsections b., c. and d. of N.J.S.2C:39-5
shall be construed to prevent... (2) A person carrying a firearm
or knife in the woods or fields or upon the waters of this State
for the purpose of hunting, target practice or fishing, provided
that the firearm or knife is legal and appropriate for hunting
or fishing purposes in this State and he has in his possession
a valid hunting license, or, with respect to fresh water fishing,
a valid fishing license;
(3) A person transporting any firearm or knife while traveling:
(a) Directly to or from any place for the purpose of hunting or
fishing, provided the person has in his possession a valid
hunting or fishing license; or
- 2C:39-9. d. Weapons. Any person who manufactures, causes to
be manufactured, transports, ships, sells or disposes of
any weapon including gravity knives, switchblade knives,
daggers, dirks, stilettos... is guilty of a crime of the
fourth degree.
- 2C:39-9.1... Any person who sells any hunting, fishing,
combat or survival knife having a blade length of five
inches or more or an overall length of 10 inches or more
to a person under 18 years of age commits a crime of the
fourth degree...
New Jersey Case Law:
- "Concealment was not a necessary element of the offense of
carrying a dangerous knife." (1973)
- "Concealment of weapon at time of incident constituted
important factor of offense of possession of dangerous
knife." (1971)
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New Mexico - Criminal Offenses - 30-1-12. Definitions...
B. "deadly weapon" means any... weapon which is capable of
producing death or great bodily harm, including but not
restricted to any types of daggers, brass knuckles,
switchblade knives, bowie knives, poniards, butcher
knives, dirk knives and all such weapons with which
dangerous cuts can be given, or with which dangerous
thrusts can be inflicted, including swordcanes, and any
kind of sharp pointed canes...
- 30-7-2. Unlawful carrying of a deadly weapon... consists of
carrying a concealed... deadly weapon anywhere, except in
the following cases [own residence or property; private
automobile or other means of conveyance; official]... a
petty misdemeanor.
- 30-7-8. Unlawful possession of switchblades consists of any
person, either manufacturing, causing to be manufactured,
possessing, displaying, offering, selling, lending, giving
away or purchasing any knife which has a blade which opens
automatically by hand pressure applied to a button, spring
or other device in the handle of the knife, or any knife
having a blade which opens or falls or is ejected into
position by the force of gravity or by any outward or
centrifugal thrust or movement. Whoever commits unlawful
possession of switchblades is guilty of a misdemeanor.
New Mexico Case Law:
- "Jury to determine character of weapon..." (1973)
- "...a butterfly knife was a switchblade..." (1991)
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New York - Penal Law Section 265.01. A person is guilty of
criminal possession of a weapon in the fourth degree when:
(1) He possesses any firearm... gravity knife, switchblade
knife, pilum ballistic knife, cane sword...
(2) He possesses any dagger, dangerous knife, dirk, razor,
stiletto... or any other dangerous or deadly instrument or
weapon with the intent to use the same unlawfully against
another; or...
(5) He possesses any dangerous or deadly weapon and is not a
citizen of the United States...
- Section 265.00 4. "Switchblade knife" means any knife
which has a blade which opens automatically by hand
pressure applied to a button, spring or other device in
the handle of the knife. 5. "Gravity knife" means any
knife has blade which is released from the handle or
sheath thereof by the force of gravity of the application
of centrifugal force which, when released, is locked in
place by means of a button, spring, lever, or other
device. 5-a. "Pilum ballistic knife" means any knife which
has a blade which can be projected from the handle by hand
pressure applied to a button, lever, spring or other
device in the handle of the knife.
- 265.04. It shall be unlawful for any person under the age
of sixteen to possess any... dangerous knife... A person
who violates the provisions of this section shall be
adjudged a juvenile delinquent. [Found unconstitutionally
vague by Superior Court, 1982; finding reversed by Court
of Appeals, 1983]
- Section 265.10... 1. Any person who manufactures or causes
to be manufactured... any switchblade knife, gravity
knife, pilum ballistic knife... is guilty of a class A
misdemeanor... 4. Any person who disposes of any of
the weapons, instruments or appliances specified in
subdivision one of section 265.01, except a firearm, is
guilty of a class A misdemeanor, and he is guilty of a
class D felony if he has been previously convicted of any
crime.
- Section 265.15 Presumption of possession... 2. The presence
in any stolen vehicle of any weapon... specified in
sections 265.01... is presumptive evidence of its
possession by all persons occupying such vehicle... 3. The
presence in an automobile, other than a stolen one or a
public omnibus, of any firearm... gravity knife,
switchblade knife... is presumptive evidence of its
possession by all persons occupying such vehicle...
except... (a) if such weapon... is found upon the person
of one of the occupants therein; b) is such weapon... is
found in an automobile which is being operated for hire by
a duly licensed driver... then such presumption shall not
apply to the driver...
New York Case Law:
- Knife... was not a "gravity knife"... even though blade of
knife could be released from its sheath by flick of the
wrist; in order to lock blade of knife in open position,
two additional steps were required... (1989).
- Butterfly or "Balisong" knife, a folding knife with a split
handle, did not have blade released by force of gravity or
application of centrifugal force, and did not constitute a
"gravity knife"... (1987).
- "A bayonet was within class of weapons designated as 'any
other dangerous or deadly instrument or weapon'.... (1937)
- "Under rule of ejusdem generis [of the same kind]... an ice
pick was a 'dangerous weapon'... (1948)
- "Evidence that defendant wielded butcher knife in presence
of others was sufficient to support charge..." (1987)
- "...possession of knife 15 to 18 inches long was legally
sufficient to establish prima facie case of carrying
dangerous weapon as felony..." (1963)
- "Accused's possession of knife in case attached to his
belt, with long handle protruding and case sheathing blade
concealed inside accused's trousers, did not constitute
violation... absent evidence of design on accused's part
to use the knife unlawfully." (1974)
- "That parolee was found in possession of straight razor
could not, without more, establish his possession of
dangerous instrument or deadly weapon..." (1981)
- "The possession of a razor by a barber for use in his
trade, even if it was on his person, was not within...
this section." (1914)
- "Paint brush found in possession of a housepainter while on
his way home from work was not the kind of instrument
covered by... this section, prohibiting the carrying of a
dangerous weapon." (1962)
http://www.knife-expert.com
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NEW YORK CITY LAWS:
Courtesy: Alex Boriqua 11/23/1999
http://home.att.net/~a.boriqua/Recieved_letter.htm
Received from:
Office of the Queens District Attorney of Queens County
Queens criminal Courts Building
125-01 Queens Blvd.
Kew Gardens NY 11415
Cover letter:
As per your request the law strictly prohibits a person from
carrying any type of knife with a blade of 4" or over (Four) in
length. Enclosed is a copy (highlighted) of the statute.
Signed: Mary A. Moris A.D.A
Chap. 1 Public Safety 10-133
Historical Note
Formerly 436-5.1
10-133
Possession of knives or instruments.
A.
Legislative findings. It is hereby declared and found that possession
in public places, streets and parks of the city, of large knives is a
menace to the public health, peace, safety and welfare of the people
of the city; that the possession in public places, streets and parks of
such knives has resulted in the commission of many homicides,
robberies, maimings and assaults of and upon the people of the
city; that this condition encourages and fosters the commission of
crimes and contributes to juvenile delinquency, youth crime and
gangsterism; that unless the possession or carrying in public places,
streets and parks of the city of such knives without a lawful purpose
is prohibited, there is danger of an increase in crimes of violence
and other conditions detrimental to public peace, safety and
welfare. It is further declared and found that the wearing or
carrying of knives in open view in public places while such knives
are not being used for a lawful purpose is unnecessary and
threatening to the public and should be prohibited.
B.
It shall be unlawful for any person to carry on his or her person or
have in such person's possession, in any public place, street or park
any knife which has a blade length of four inches or more.
C.
It shall be unlawful for any person in a public place, street or park
to wear outside of his or her clothing or carry in open view any
knife with an exposed or unexposed blade unless such person is
actually using suck knife for a lawful purpose as set forth in
subdivision d of this section.
D.
The provisions of subdivisions b and c of this sections shall not
apply to (1) persons in the military service on the state of New York
when duly authorized to carry or display knives pursuant to
regulations issued by the chief of stall to the governor; (2) police
officers and peace officers as defined in the criminal procedure law;
(3) participants in special events when authorized by the police
commissioner (4) persons on the military or other service of the
United States, in pursuit of official duty authorized by federal law;
or (5) any person displaying or in possession of a knife otherwise in
violation of this section when such a knife (a) is being used for or
transported immediately to or from a place where it is used for
hunting, fishing, camping, hiking, picnicking or any employment,
trade or occupation customarily requiring the use of such knife; or
(b) is displayed or carried by a member of a theatrical group, drill
team, military or para military unit or veterans organization, to
from or during a meeting, parade or other performance or practice
for such event, which customarily requires the carrying of suck
knife or (c) is being transported directly to or from a place of
purchase in such a manner as not to allow easy access to such knife
while it is transported; or (d) is displayed or carried by a duly
enrolled member of the Boy or Girl scouts of America or similar
organization or society and such display or possession is necessary
to participate in the activities of such organization or society.
E.
Violation of this section shall be an offense punishable by a fine of
not more than three hundred dollars or by imprisonment not
exceeding fifteen days or by both such fine and imprisonment.
Case notes
This section promotes a legitimate governmental objective and is
not unconstitutionally vague or an improper exercise of the city's
police power.------ People v Ortiz 125 Misc. 2d 318 [1984]
10-134
Prohibition on sale of certain knives
A.
Legislative findings. It is hereby declared and found that the
possession on public places, streets and parks of the city of folding
knives which lock upon opening, is a menace to the public health,
peace, safety and welfare of the people of the city; that the
possession in public places, streets and parks of such knives has
resulted in the commission of many homicides, robberies, maimings
and assaults of and upon the people of the city, that this condition
encourages and fosters the commission of crimes, and contributes
to juvenile delinquency, youth crime and gangsterism; that is this
situation is not addressed, then there is a danger of an increase in
crimes of violence and other conditions detrimental to public peace,
safety and welfare. It has been found that folding knives with a
blade of four (4) inches or more that locks in an open position are
designed and used almost exclusively for the purpose of stabbing or
threat thereof. Therefore for the safety of the city, such weapons
should be prohibited from sale within the jurisdiction of the city of
New York.
B.
It shall be unlawful for any person to sell, offer for sale within the
jurisdiction of the city of New York any folding knife with a blade
length of four or more inches which is so constructed that when it is
opened it is locked in an open position and cannot be closed
without depressing or moving a release mechanism.
C.
Exempt from this section are imported and exporters or merchants
who ship or receive locking folding knives, with a blade length of
four or more inches, in bulk, which knives are scheduled to travel
or have traveled in the course of international, interstate, or
intrastate commerce to a point outside the city. Such bulk
shipments shall remain in their original shipping package,
unopened, except for inspection and possible subdivision for
further movement in interstate or intrastate commerce to a point
outside the city.
D.
Violation of this section shall be an offense punishable by a fine of
not more than seven hundred fifty dollars ($750) or by
imprisonment not exceeding sixteen days (16) or both such fine and
imprisonment. Any person violating this section shall be subject to
a civil penalty not to exceed one thousand dollar for each violation.
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North Carolina
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North Dakota
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Ohio
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North Carolina - Taxation. 105-80. (b) Other Weapons. - Every
person, firm, or corporation who is engaged in the
business of selling or offering for sale bowie knives,
dirks, daggers... or similar weapons shall obtain a
statewide license from the Secretary of Revenue for the
privilege of engaging in business and shall pay a tax of
$200 for the license.
- 14-269 (see below). Carrying concealed weapons. (a) It shall be
unlawful for any person, except when on his own premises,
willfully and intentionally to carry concealed about his
person any bowie knife, dirk, dagger... razor... or other
deadly weapon of like kind. This section does not apply to
an ordinary pocket knife carried in a closed position. As
used in this section, "ordinary pocket knife" means a
small knife, designed for carrying in a pocket or purse,
which has its cutting edge and point entirely enclosed by
its handle, and that may not be opened by a throwing,
explosive, or spring action... (b1) It is a defense to
prosecution under this section that: (1) The weapon was
not a firearm; (2) The defendant was engaged in, or on the
way to or from, an activity in which he legitimately used
the weapon...
- 14-269.2... (d) It shall be a misdemeanor for any person to
possess or carry, whether openly or concealed, any...
bowie knife, dirk, dagger... switchblade knife... razors
and razor blades (except solely for personal shaving), and
any sharp-pointed or edged instrument, except
instructional supplies, unaltered nail files and clips and
tools used solely for preparation of food... on
educational property [or to cause, encourage, or aid a
minor to do likewise].
- 14-269.6... it shall be unlawful for any person, including
law enforcement officers... to possess, offer for sale,
hold for sale, sell, give, loan, deliver, transport,
manufacture or go armed with any spring-loaded projectile
knife, ballistic knife, or any weapon of similar
character...
North Carolina Case Law:
- "Carrying concealed weapons in reasonable apprehension of
deadly assaults is not justification of a violation of the
statutory offense, but in aggravation thereof, and may be
considered by the trial judge in imposing the sentence..."
(1916)
- "A person acting in ignorance of the law in good faith and
upon advice of the clerk of the court or of an attorney,
but in violation of this section, is not excused." (1907)
- "Knife about 4-1/2 inches in overall length which, when
folded, was clearly designed for carrying in a pocket or
purse, was an 'ordinary pocketknife' as defined by this
section." (1989)
- "This section making it indictable for one to carry
concealed about his person any pistol, bowie knife, razor
or other deadly weapon of like kind, embraces a butcher's
knife." (1884)
* * *
FULL TEXTs July 2004
SUBCHAPTER IX. OFFENSES AGAINST THE PUBLIC PEACE.
Article 35.
Offenses Against the Public Peace.
� 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.
(a1)It shall be unlawful for any person willfully and
intentionally to carry concealed about his person any pistol or
gun except in the following circumstances:
(1) The person is on the person's own premises.
(2) The deadly weapon is a handgun, and the person has
a concealed handgun permit issued in accordance
with Article 54B of this Chapter or considered
valid under G.S. 14-415.24.
(b) This prohibition shall not apply to the following
persons:
(1) Officers and enlisted personnel of the armed forces
of the United States when in discharge of their
official duties as such and acting under orders
requiring them to carry arms and weapons;
(2) Civil and law enforcement officers of the United
States while in the discharge of their official
duties;
(3) Officers and soldiers of the militia and the
national guard when called into actual service;
(4) Officers of the State, or of any county, city, or
town, charged with the execution of the laws of the
State, when acting in the discharge of their
official duties;
(5) Sworn law-enforcement officers, when off-duty, if:
a. Written regulations authorizing the carrying
of concealed weapons have been filed with the
clerk of superior court in the county where
the law-enforcement unit is located by the
sheriff or chief of police or other superior
officer in charge; and
b. Such regulations specifically prohibit the
carrying of concealed weapons while the
officer is consuming or under the influence of
alcoholic beverages.
(b1)It is a defense to a prosecution under this section that:
(1) The weapon was not a firearm;
(2) The defendant was engaged in, or on the way to or
from, an activity in which he legitimately used the
weapon;
(3) The defendant possessed the weapon for that
legitimate use; and
(4) The defendant did not use or attempt to use the
weapon for an illegal purpose.
The burden of proving this defense is on the defendant.
(c) Any person violating the provisions of subsection (a) of
this section shall be guilty of a Class 2 misdemeanor. Any
person violating the provisions of subsection (a1) of this
section shall be guilty of a Class 2 misdemeanor for the first
offense. A second or subsequent offense is punishable as a Class
I felony.
(d) This section does not apply to an ordinary pocket knife
carried in a closed position. As used in this section, "ordinary
pocket knife" means a small knife, designed for carrying in a
pocket or purse, that has its cutting edge and point entirely
enclosed by its handle, and that may not be opened by a
throwing, explosive, or spring action. (Code, s. 1005; Rev., s.
3708; 1917, c. 76; 1919, c. 197, s. 8; C.S., s. 4410; 1923, c.
57; Ex. Sess. 1924, c. 30; 1929, cc. 51, 224; 1947, c. 459;
1949, c. 1217; 1959, c. 1073, s. 1; 1965, c. 954, s. 1; 1969, c.
1224, s. 7; 1977, c. 616; 1981, c. 412, s. 4; c. 747, s. 66;
1983, c. 86; 1985, c. 432, ss. 1-3; 1993, c. 539, s. 163; 1994,
Ex. Sess., c. 24, s. 14(c); 1995, c. 398, s. 2; 1997-238, s. 1;
2003-199, s. 2.)
� 14-269.2. Weapons on campus or other educational property.
(a)The following definitions apply to this section:
(1) Educational property. - Any school building or bus,
school campus, grounds, recreational area, athletic
field, or other property owned, used, or operated
by any board of education or school board of
trustees, or directors for the administration of
any school.
(1a) Employee. - A person employed by a local board of
education or school whether the person is an adult
or a minor.
(1b) School. - A public or private school, community
college, college, or university.
(2) Student. - A person enrolled in a school or a
person who has been suspended or expelled within
the last five years from a school, whether the
person is an adult or a minor.
(3) Switchblade knife. - A knife containing a blade
that opens automatically by the release of a spring
or a similar contrivance.
(4) Weapon. - Any device enumerated in subsection (b),
(b1), or (d) of this section.
(b) It shall be a Class I felony for any person to possess or
carry, whether openly or concealed, any gun, rifle, pistol, or
other firearm of any kind on educational property or to a
curricular or extracurricular activity sponsored by a school.
However, this subsection does not apply to a BB gun, stun gun,
air rifle, or air pistol.
(b1)It shall be a Class G felony for any person to possess or
carry, whether openly or concealed, any dynamite cartridge,
bomb, grenade, mine, or powerful explosive as defined in G.S.
14-284.1, on educational property or to a curricular or
extracurricular activity sponsored by a school. This subsection
shall not apply to fireworks.
(c) It shall be a Class I felony for any person to cause,
encourage, or aid a minor who is less than 18 years old to
possess or carry, whether openly or concealed, any gun, rifle,
pistol, or other firearm of any kind on educational property.
However, this subsection does not apply to a BB gun, stun gun,
air rifle, or air pistol.
(c1)It shall be a Class G felony for any person to cause,
encourage, or aid a minor who is less than 18 years old to
possess or carry, whether openly or concealed, any dynamite
cartridge, bomb, grenade, mine, or powerful explosive as defined
in G.S. 14-284.1 on educational property. This subsection shall
not apply to fireworks.
(d) It shall be a Class 1 misdemeanor for any person to
possess or carry, whether openly or concealed, any BB gun, stun
gun, air rifle, air pistol, bowie knife, dirk, dagger,
slungshot, leaded cane, switchblade knife, blackjack, metallic
knuckles, razors and razor blades (except solely for personal
shaving), firework, or any sharp-pointed or edged instrument
except instructional supplies, unaltered nail files and clips
and tools used solely for preparation of food, instruction, and
maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to
cause, encourage, or aid a minor who is less than 18 years old
to possess or carry, whether openly or concealed, any BB gun,
stun gun, air rifle, air pistol, bowie knife, dirk, dagger,
slungshot, leaded cane, switchblade knife, blackjack, metallic
knuckles, razors and razor blades (except solely for personal
shaving), firework, or any sharp-pointed or edged instrument
except instructional supplies, unaltered nail files and clips
and tools used solely for preparation of food, instruction, and
maintenance, on educational property.
(f) Notwithstanding subsection (b) of this section it shall
be a Class 1 misdemeanor rather than a Class I felony for any
person to possess or carry, whether openly or concealed, any
gun, rifle, pistol, or other firearm of any kind, on educational
property or to a curricular or extracurricular activity
sponsored by a school if:
(1) The person is not a student attending school on the
educational property or an employee employed by the
school working on the educational property; and
(1a) The person is not a student attending a curricular
or extracurricular activity sponsored by the school
at which the student is enrolled or an employee
attending a curricular or extracurricular activity
sponsored by the school at which the employee is
employed; and
(2) Repealed by Session Laws 1999-211, s. 1, effective
December 1, 1999, and applicable to offenses
committed on or after that date.
(3) The firearm is not loaded, is in a motor vehicle,
and is in a locked container or a locked firearm
rack.
(4) Repealed by Session Laws 1999-211, s. 1, effective
December 1, 1999, and applicable to offenses
committed on or after that date.
(g) This section shall not apply to:
(1) A weapon used solely for educational or
school-sanctioned ceremonial purposes, or used in a
school-approved program conducted under the
supervision of an adult whose supervision has been
approved by the school authority;
(1a) A person exempted by the provisions of G.S.
14-269(b);
(2) Firefighters, emergency service personnel, North
Carolina Forest Service personnel, and any private
police employed by an educational institution, when
acting in the discharge of their official duties;
(3) Home schools as defined in G.S. 115C-563(a); or
(4) Weapons used for hunting purposes on the Howell
Woods Nature Center property in Johnston County
owned by Johnston Community College when used with
the written permission of Johnston Community
College.
(h) No person shall be guilty of a criminal violation of this
section so long as both of the following apply:
(1) The person comes into possession of a weapon by
taking or receiving the weapon from another person
or by finding the weapon.
(2) The person delivers the weapon, directly or
indirectly, as soon as practical to law enforcement
authorities. (1971, c. 241, ss. 1, 2; c. 1224;
1991, c. 622, s. 1; 1993, c. 539, s. 164; c. 558,
s. 1; 1994, Ex. Sess., c. 14, s. 4(a), (b); 1995,
c. 49, s. 1; 1997-238, s. 2; 1999-211, s. 1;
1999-257, s. 3, 3.1; 2003-217, s. 1.)
� 14-269.6. Possession and sale of spring-loaded projectile
knives prohibited.
(a)On and after October 1, 1986, it shall be unlawful for
any person including law-enforcement officers of the State, or
of any county, city, or town to possess, offer for sale, hold
for sale, sell, give, loan, deliver, transport, manufacture or
go armed with any spring-loaded projectile knife, a ballistic
knife, or any weapon of similar character. Except that it shall
be lawful for a law-enforcement agency to possess such weapons
solely for evidentiary, education or training purposes.
(b) Any person violating the provisions of this section shall
be guilty of a Class 1 misdemeanor. (1985 (Reg. Sess., 1986), c.
810, s. 1; 1993, c. 539, s. 167; 1994, Ex. Sess., c. 24, s.
14(c).)
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North Dakota - Criminal Code - Weapons - 62.1-04-02... No
person, other than a law enforcement officer, may carry
any firearm or dangerous weapon concealed unless the
person is licensed to do so or exempted...
- 12.1-01-04... 6. "Dangerous weapon" means, but is not
limited to, any switchblade or gravity knife, machete,
scimitar, stiletto, sword, or dagger...
North Dakota Case Law:
- "A straight razor, unsuitable for shaving and altered in
such a fashion as to enhance its effectiveness as a
weapon, is a dangerous weapon that may not be carried
concealed without a license or exemption." (1988)
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Ohio - 2923.12. [prohibits carry and concealment of "any
deadly weapon" except for self-defense, without explicit
mention of knives].
- 2923.20 Unlawful transaction in weapons. (A) No person
shall... (3) Manufacture, possess for sale, sell, or
furnish to any other person other than a law enforcement
agency for authorized use in police work, any...
switchblade knife, springblade knife, gravity knife, or
similar weapon...
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Oklahoma
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Oregon
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Pennsylvania
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�21-1272. Unlawful carry.
UNLAWFUL CARRY
A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:
1. The proper use of guns and knives for hunting, fishing, educational or recreational purposes;
2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act;
3. The carrying, possession and use of any weapon by a peace officer or other person authorized by law to carry a weapon in the performance of official duties and in compliance with the rules of the employing agency; or
4. The carrying and use of firearms and other weapons provided in this subsection when used for the purpose of living history reenactment. For purposes of this paragraph, "living history reenactment" means depiction of historical characters, scenes, historical life or events for entertainment, education, or historical documentation through the wearing or use of period, historical, antique or vintage clothing, accessories, firearms, weapons, and other implements of the historical period.
B. Any person convicted of violating the foregoing provision shall be guilty of a misdemeanor punishable as provided in Section 1276 of this title.
R.L.1910, � 2546. Amended by Laws 1957, p. 163, � 1; Laws 1969, c. 311, � 1, emerg. eff. April 28, 1969; Laws 1993, c. 309, � 1, emerg. eff. June 7, 1993; Laws 1995, c. 272, � 26, eff. Sept. 1, 1995; Laws 1996, c. 191, � 2, emerg. eff. May 16, 1996; Laws 2003, c. 465, � 1, eff. July 1, 2003.
NOTE: Laws 1993, c. 264, � 1 repealed by Laws 1994, c. 2, � 34, emerg. eff. March 2, 1994.
* * *
�21-1272.2. Penalty for firearm in liquor establishment.
PENALTY FOR FIREARM IN LIQUOR ESTABLISHMENT
Any person who intentionally or knowingly carries on his or her person any weapon in violation of Section 1272.1 of this title, shall, upon conviction, be guilty of a felony punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or imprisonment in the State Penitentiary for a period not to exceed two (2) years, or both such fine and imprisonment.
Any person convicted of violating the provisions of this section after having been issued a concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, Sections 1290.1 through 1290.26 of this title, shall have the license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person is in violation of Section 1272.1 of this title.
Added by Laws 1975, c. 248, � 2, emerg. eff. June 2, 1975. Amended by Laws 1995, c. 272, � 28, eff. Sept. 1, 1995; Laws 1997, c. 133, � 323, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, � 218, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, � 23 amended the effective date of Laws 1997, c. 133, � 323 from July 1, 1998, to July 1, 1999.
* * *
�21-1273. Allowing minors to possess firearms.
ALLOWING MINORS TO POSSESS FIREARMS
A. It shall be unlawful for any person within this state to sell or give to any child any of the arms or weapons designated in Section 1272 of this title; provided, the provisions of this section shall not prohibit a parent from giving his or her child a rifle or shotgun for participation in hunting animals or fowl, hunter safety classes, target shooting, skeet, trap or other recognized sporting events, except as provided in subsection B of this section.
B. It shall be unlawful for any parent or guardian to intentionally, knowingly, or recklessly permit his or her child to possess any of the arms or weapons designated in Section 1272 of this title, including any rifle or shotgun, if such parent is aware of a substantial risk that the child will use the weapon to commit a criminal offense or if the child has either been adjudicated a delinquent or has been convicted as an adult for any criminal offense.
C. It shall be unlawful for any child to possess any of the arms or weapons designated in Section 1272 of this title, except rifles or shotguns used for participation in hunting animals or fowl, hunter safety classes, target shooting, skeet, trap or other recognized sporting event. Provided, the possession of rifles or shotguns authorized by this section shall not authorize the possession of such weapons by any person who is subject to the provisions of Section 1283 of this title.
D. Any person violating the provisions of this section shall, upon conviction, be punished as provided in Section 1276 of this title, and, any child violating the provisions of this section shall be subject to adjudication as a delinquent. In addition, any person violating the provisions of this section shall be liable for civil damages for any injury or death to any person and for any damage to property resulting from any discharge of a firearm or use of any other weapon as provided in Section 10 of Title 23 of the Oklahoma Statutes. Any person convicted of violating the provisions of this section after having been issued a concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, may be liable for an administrative violation as provided in Section 1276 of this title.
E. As used in this section, "child" means a person under eighteen (18) years of age.
R.L.1910, � 2547. Amended by Laws 1993, c. 309, � 2, emerg. eff. June 7, 1993; Laws 1994, c. 290, � 52, eff. July 1, 1994; Laws 1995, c. 272, � 29, eff. Sept. 1, 1995; Laws 2000, c. 382, � 13, eff. July 1, 2000.
NOTE: Laws 1993, c. 264, � 2 repealed by Laws 1994, c. 2, � 34, emerg. eff. March 2, 1994.
* * *
�21-1276. Penalty for 1272 and 1273.
PENALTY FOR 1272 AND 1273
Any person violating the provisions of Section 1272 or 1273 shall, upon a first conviction, be adjudged guilty of a misdemeanor and the party offending shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00), or by imprisonment in the county jail for a period not to exceed thirty (30) days or both such fine and imprisonment. On the second and every subsequent violation, the party offending shall, upon conviction, be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a period not less than thirty (30) days nor more than three (3) months, or by both such fine and imprisonment.
Any person convicted of violating the provisions of Section 1272 or 1273 after having been issued a concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, Sections 1 through 25 of this act, shall have the license suspended for a period of six (6) months and shall be liable for an administrative fine of Fifty Dollars ($50.00) upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.
R.L. 1910, � 2550. Amended by Laws 1995, c. 272, � 30, eff. Sept. 1, 1995.
* * *
�21-1277. Unlawful carry in certain places.
UNLAWFUL CARRY IN CERTAIN PLACES
A. It shall be unlawful for any person in possession of a valid concealed handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title, to carry any concealed handgun into any of the following places:
1. Any structure, building, or office space which is owned or leased by a city, town, county, state, or federal governmental authority for the purpose of conducting business with the public;
2. Any meeting of any city, town, county, state or federal officials, school board members, legislative members, or any other elected or appointed officials;
3. Any prison, jail, detention facility or any facility used to process, hold, or house arrested persons, prisoners or persons alleged delinquent or adjudicated delinquent;
4. Any elementary or secondary school, or technology center school property;
5. Any sports arena during a professional sporting event;
6. Any place where pari-mutuel wagering is authorized by law; and
7. Any other place specifically prohibited by law.
B. For purposes of paragraphs 1, 2, 3, 5 and 6 of subsection A of this section, the prohibited place does not include and specifically excludes the following property:
a. any property set aside for the use of any vehicle, whether attended or unattended, by a city, town, county, state, or federal governmental authority,
b. any property set aside for the use of any vehicle, whether attended or unattended, by any entity offering any professional sporting event which is open to the public for admission, or by any entity engaged in pari-mutuel wagering authorized by law,
c. any property adjacent to a structure, building, or office space in which concealed weapons are prohibited by the provisions of this section, and
d. any property designated by a city, town, county, or state, governmental authority as a park, recreational area, or fairgrounds; provided nothing in this subparagraph shall be construed to authorize any entry by a person in possession of a concealed handgun into any structure, building, or office space which is specifically prohibited by the provisions of subsection A of this section.
Nothing contained in any provision of this subsection shall be construed to authorize or allow any person in control of any place described in paragraph 1, 2, 3, 5 or 6 of subsection A of this section to establish any policy or rule that has the effect of prohibiting any person in lawful possession of a concealed handgun license from possession of a handgun allowable under such license in places described in paragraph a, b, c or d of this subsection.
C. Any person violating the provisions of subsection A of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00). Any person convicted of violating the provisions of this section may be liable for an administrative fine of Two Hundred Fifty Dollars ($250.00) upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.
D. No person in possession of any concealed handgun pursuant to the Oklahoma Self-Defense Act shall be authorized to carry the handgun into or upon any college or university property, except as provided in this subsection. For purposes of this subsection, the following property shall not be construed as prohibited for persons having a valid concealed handgun license:
1. Any property set aside for the use of any vehicle, whether attended or unattended, provided the handgun is carried or stored as required by law and the handgun is not removed from the vehicle without the prior consent of the college or university president while the vehicle is on any college or university property;
2. Any property authorized for possession or use of handguns by college or university policy; and
3. Any property authorized by the written consent of the college or university president, provided the written consent is carried with the handgun and the valid concealed handgun license while on college or university property.
The college or university may notify the Oklahoma State Bureau of Investigation within ten (10) days of a violation of any provision of this subsection by a licensee. Upon receipt of a written notification of violation, the Bureau shall give a reasonable notice to the licensee and hold a hearing. At the hearing upon a determination that the licensee has violated any provision of this subsection, the licensee may be subject to an administrative fine of Two Hundred Fifty Dollars ($250.00) and may have the concealed handgun license suspended for three (3) months.
Nothing contained in any provision of this subsection shall be construed to authorize or allow any college or university to establish any policy or rule that has the effect of prohibiting any person in lawful possession of a concealed handgun license from possession of a handgun allowable under such license in places described in paragraphs 1, 2 and 3 of this subsection. Nothing contained in any provision of this subsection shall be construed to limit the authority of any college or university in this state from taking administrative action against any student for any violation of any provision of this subsection.
E. The provisions of this section shall not apply to any peace officer or to any person authorized by law to carry a pistol in the course of employment. Private investigators with a firearms authorization shall be exempt from this section when acting in the course and scope of employment.
R.L.1910, � 2551. Amended by Laws 1992, c. 170, � 1, emerg. eff. May 5, 1992; Laws 1993, c. 264, � 3, eff. Sept. 1, 1993; Laws 1995, c. 272, � 31, eff. Sept. 1, 1995; Laws 1996, c. 191, � 4, emerg. eff. May 16, 1996; Laws 2000, c. 382, � 2, eff. July 1, 2000; Laws 2001, c. 33, � 19, eff. July 1, 2001; Laws 2001, c. 396, � 2, eff. July 1, 2001.
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�21-1278. Unlawful intent to carry.
UNLAWFUL INTENT TO CARRY
Any person in this state who carries or wears any deadly weapons or dangerous instrument whatsoever with the intent or for the avowed purpose of unlawfully injuring another person, upon conviction, shall be guilty of a felony punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), by imprisonment for a period not exceeding two (2) years, or by both such fine and imprisonment. The mere possession of such a weapon or dangerous instrument, without more, however, shall not be sufficient to establish intent as required by this section.
Any person convicted of violating the provisions of this section after having been issued a concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title, shall have the license permanently revoked and shall be liable for an administrative fine of One Thousand Dollars ($1,000.00) upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.
R.L. 1910, � 2552. Amended by Laws 1993, c. 264, � 4, eff. Sept. 1, 1993; Laws 1995, c. 272, � 32, eff. Sept. 1, 1995; Laws 1997, c. 133, � 324, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, � 219, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, � 23 amended the effective date of Laws 1997, c. 133, � 324 from July 1, 1998, to July 1, 1999.
* * *
�21-1279. Misdemeanor pointing a firearm.
MISDEMEANOR POINTING A FIREARM
Except for an act of self-defense, it shall be unlawful for any person to point any pistol or any other deadly weapon whether loaded or not, at any other person or persons. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable as provided in Section 1280 of this title.
Any person convicted of violating the provisions of this section after having been issued a concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, Sections 1 through 25 of this act, may be subject to an administrative violation as provided in Section 1280 of this title.
R.L. 1910, � 2553. Amended by Laws 1995, c. 272, � 33, eff. Sept. 1, 1995.
�21-1280. Penalty for 1279.
PENALTY FOR 1279
Any person violating the provisions of Section 1279 of this title, upon conviction, shall be guilty of a misdemeanor. The person offending shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) and shall be imprisoned in the county jail for a period not less than three (3) nor more than twelve (12) months. Any person convicted of violating the provisions of Section 1279 of this title after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, Sections 1 through 25 of this act, shall have the handgun license permanently revoked and shall be liable for an administrative fine of Fifty Dollars ($50.00) upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.
R.L. 1910, � 2554. Amended by Laws 1992, c. 170, � 2, emerg. eff. May 5, 1992; Laws 1993, c. 264, � 5, eff. Sept. 1, 1993; Laws 1995, c. 272, � 34, eff. Sept. 1, 1995.
* * *
�21-1280.1. Possession of firearm on school property.
POSSESSION OF FIREARM ON SCHOOL PROPERTY
A. It shall be unlawful for any person to have in his or her possession on any public or private school property or while in any school bus or vehicle used by any school for transportation of students or teachers any firearm or weapon designated in Section 1272 of this title, except as provided in subsection C of this section or as otherwise authorized by law.
B. “School property” means any publicly or privately owned property held for purposes of elementary, secondary or vocational-technical education, and shall not include property owned by public school districts or private educational entities where such property is leased or rented to an individual or corporation and used for purposes other than educational.
C. Firearms and weapons are allowed on school property and deemed not in violation of subsection A of this section as follows:
1. A gun or knife designed for hunting or fishing purposes kept in a privately owned vehicle and properly displayed or stored as required by law, or a handgun carried in a vehicle pursuant to a valid handgun license authorized by the Oklahoma Self-Defense Act, provided such vehicle containing said gun or knife is driven onto school property only to transport a student to and from school and such vehicle does not remain unattended on school property;
2. A gun or knife used for the purposes of participating in the Oklahoma Department of Wildlife Conservation certified hunter training education course or any other hunting, fishing, safety or firearms training courses, or a recognized firearms sports event, team shooting program or competition, or living history reenactment, provided the course or event is approved by the principal or chief administrator of the school where the course or event is offered, and provided the weapon is properly displayed or stored as required by law pending participation in the course, event, program or competition; and
3. Weapons in the possession of any peace officer or other person authorized by law to possess a weapon in the performance of their duties and responsibilities.
D. Any person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), and imprisonment for not more than two (2) years. Any person convicted of violating the provisions of this section after having been issued a concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license permanently revoked and shall be liable for an administrative fine of One Hundred Dollars ($100.00) upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.
Added by Laws 1992, c. 170, � 3, emerg. eff. May 5, 1992. Amended by Laws 1992, c. 286, � 2, emerg. eff. May 25, 1992; Laws 1995, c. 272, � 35, eff. Sept. 1, 1995; Laws 1996, c. 191, � 5, emerg. eff. May 16, 1996; Laws 1997, c. 133, � 325, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, � 220, eff. July 1, 1999; Laws 2003, c. 465, � 2, eff. July 1, 2003.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, � 23 amended the effective date of Laws 1997, c. 133, � 325 from July 1, 1998, to July 1, 1999.
* * *
�21-1290.7. Construing authority of license.
CONSTRUING AUTHORITY OF LICENSE
The authority to carry a concealed handgun pursuant to a valid handgun license as authorized by the provisions of the Oklahoma Self-Defense Act, Sections 1 through 25 of this act, shall not be construed to authorize any person to:
1. Carry or possess any weapon other than an authorized pistol as defined by the provisions of Section 2 of this act;
2. Carry or possess any pistol in any manner or in any place otherwise prohibited by law;
3. Carry or possess any prohibited ammunition or any illegal, imitation or homemade pistol;
4. Carry or possess any pistol when the person is prohibited by state or federal law from carrying or possessing any firearm; or
5. Point, discharge, intentionally display the pistol, or use the pistol in any manner not otherwise authorized by law.
Added by Laws 1995, c. 272, � 7, eff. Sept. 1, 1995.
* * *
�21-1287. Use of firearm while committing a felony.
USE OF FIREARM WHILE COMMITTING A FELONY
Any person who, while committing or attempting to commit a felony, possesses a pistol, shotgun or rifle or any other offensive weapon in such commission or attempt, whether the pistol, shotgun or rifle is loaded or not, or who possesses a blank or imitation pistol, shotgun or rifle capable of raising in the mind of one threatened with such device a fear that it is a real pistol, shotgun or rifle, or who possesses an air gun or carbon dioxide or other gas-filled weapon, electronic dart gun, knife, dagger, dirk, switchblade knife, blackjack, ax, loaded cane, billy, hand chain or metal knuckles, in addition to the penalty provided by statute for the felony committed or attempted, upon conviction shall be guilty of a felony for possessing such weapon or device, which shall be a separate offense from the felony committed or attempted and shall be punishable by imprisonment in the State Penitentiary for a period of not less than two (2) years nor for more than ten (10) years for the first offense, and for a period of not less than ten (10) years nor more than thirty (30) years for any second or subsequent offense.
Any person convicted of violating the provisions of this section after having been issued a concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license permanently revoked and shall be liable for an administrative fine of One Thousand Dollars ($1,000.00) upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.
Added by Laws 1969, c. 220, � 1. Amended by Laws 1976, c. 111, � 1; Laws 1982, c. 173, � 3, emerg. eff. April 16, 1982; Laws 1995, c. 272, � 38, eff. Sept. 1, 1995; Laws 1997, c. 133, � 329, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, � 222, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, � 23 amended the effective date of Laws 1997, c. 133, � 329 from July 1, 1998, to July 1, 1999.
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OREGON
166.240 Carrying Concealed Weapons
166.270 Convicted Felon in Possession of certain weapons
166.360-370 Possession of certain weapons in Public Buildings, including Schools
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Oregon Public Order Offense 166.240 Carrying of concealed weapons. (1) Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor.
(2) Nothing in subsection (1) of this section applies to any peace officer as defined in ORS 133.005, whose duty it is to serve process or make arrests. Justice courts have concurrent jurisdiction to try any person charged with violating any of the provisions of subsection (1) of this section. [Amended by 1977 c.454 �1; 1985 c.543 �2; 1989 c.839 �21; 1999 c.1040 �15]
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166.270 Possession of weapons by certain felons. (1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person�s possession or under the person�s custody or control any firearm, commits the crime of felon in possession of a firearm.
(2) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person�s possession or under the person�s custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove or metal knuckles, or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.
(3) For the purposes of this section, a person "has been convicted of a felony" if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Provided, however, that such conviction shall not be deemed a conviction of a felony if:
(a) The court declared the conviction to be a misdemeanor at the time of judgment; or
(b) The offense was for possession of marijuana and the conviction was prior to January 1, 1972.
(4) Subsection (1) of this section shall not apply to any person who has been:
(a) Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005, or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection (1) of this section; or
(b) Granted relief from the disability under 18 U.S.C. 925(c) or has had the person�s record expunged under the laws of this state or equivalent laws of another jurisdiction.
(5) Felon in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor. [Amended by 1975 c.702 �1; 1985 c.543 �4; 1985 c.709 �2; 1987 c.853 �1; 1989 c.839 �4; 1993 c.735 �2; 1995 c.518 �1; 1999 c.1040 �16]
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PUBLIC BUILDINGS, INCLUDING SCHOOL BUILDINGS
166.360 (5) "Weapon" means: (b) Any dirk, dagger, ice pick, slingshot, metal knuckles or any similar instrument or a knife other than an ordinary pocket knife, the use of which could inflict injury upon a person or property...
166.370 (1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony.
FULL TEXT FOLLOWS
166.360 Definitions for ORS 166.360 to 166.380. As used in ORS 166.360 to 166.380, unless the context requires otherwise:
(1) "Capitol building" means the Capitol, the State Office Building, the State Library Building, the Labor and Industries Building, the State Transportation Building, the Agriculture Building or the Public Service Building and includes any new buildings which may be constructed on the same grounds as an addition to the group of buildings listed in this subsection.
(2) "Court facility" means a courthouse or that portion of any other building occupied by a circuit court, the Court of Appeals, the Supreme Court or the Oregon Tax Court or occupied by personnel related to the operations of those courts, or in which activities related to the operations of those courts take place.
(3) "Loaded firearm" means:
(a) A breech-loading firearm in which there is an unexpended cartridge or shell in or attached to the firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm.
(b) A muzzle-loading firearm which is capped or primed and has a powder charge and ball, shot or projectile in the barrel or cylinder.
(4) "Public building" means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.
(5) "Weapon" means:
(a) A firearm;
(b) Any dirk, dagger, ice pick, slingshot, metal knuckles or any similar instrument or a knife other than an ordinary pocket knife, the use of which could inflict injury upon a person or property;
(c) Mace, tear gas, pepper mace or any similar deleterious agent as defined in ORS 163.211;
(d) An electrical stun gun or any similar instrument;
(e) A tear gas weapon as defined in ORS 163.211;
(f) A club, bat, baton, billy club, bludgeon, knobkerrie, nunchaku, nightstick, truncheon or any similar instrument, the use of which could inflict injury upon a person or property; or
(g) A dangerous or deadly weapon as those terms are defined in ORS 161.015. [1969 c.705 �1; 1977 c.769 �2; 1979 c.398 �1; 1989 c.982 �4; 1993 c.741 �2; 1999 c.577 �2; 1999 c.782 �6; 2001 c.201 �1]
166.370 Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school. (1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony.
(2)(a) Except as otherwise provided in paragraph (b) of this subsection, a person who intentionally possesses:
(A) A firearm in a court facility is guilty, upon conviction, of a Class C felony. A person who intentionally possesses a firearm in a court facility shall surrender the firearm to a law enforcement officer.
(B) A weapon, other than a firearm, in a court facility may be required to surrender the weapon to a law enforcement officer or to immediately remove it from the court facility. A person who fails to comply with this subparagraph is guilty, upon conviction, of a Class C felony.
(b) The presiding judge of a judicial district may enter an order permitting the possession of specified weapons in a court facility.
(3) Subsection (1) of this section does not apply to:
(a) A sheriff, police officer, other duly appointed peace officers or a corrections officer while acting within the scope of employment.
(b) A person summoned by a peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.
(c) An active or reserve member of the military forces of this state or the United States, when engaged in the performance of duty.
(d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.
(e) A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building.
(f) Possession of a firearm on school property if the firearm:
(A) Is possessed by a person who is not otherwise prohibited from possessing the firearm; and
(B) Is unloaded and locked in a motor vehicle.
(4) The exceptions listed in subsection (3)(b) to (f) of this section constitute affirmative defenses to a charge of violating subsection (1) of this section.
(5)(a) Any person who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place that the person knows is a school shall upon conviction be guilty of a Class C felony.
(b) Paragraph (a) of this subsection does not apply to the discharge of a firearm:
(A) As part of a program approved by a school in the school by an individual who is participating in the program; or
(B) By a law enforcement officer acting in the officer�s official capacity.
(6) Notwithstanding the fact that a person�s conduct in a single criminal episode constitutes a violation of both subsections (1) and (5) of this section, the district attorney may charge the person with only one of the offenses.
(7) As used in this section, "dangerous weapon" means a dangerous weapon as that term is defined in ORS 161.015. [1969 c.705 ��2,4; 1977 c.207 �2; 1979 c.398 �2; 1989 c.839 �22; 1989 c.982 �5; 1991 c.67 �39; 1993 c.625 �1; 1999 c.782 �7; 1999 c.1040 �4; 2001 c.666 �24]
Note: The amendments to 166.370 by section 36, chapter 666, Oregon Laws 2001, become operative July 31, 2005. See section 58, chapter 666, Oregon Laws 2001, as amended by section 14d, chapter 926, Oregon Laws 2001. The text that is operative on and after July 31, 2005, is set forth for the user�s convenience.
166.370. (1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony.
(2)(a) Except as otherwise provided in paragraph (b) of this subsection, a person who intentionally possesses:
(A) A firearm in a court facility is guilty, upon conviction, of a Class C felony. A person who intentionally possesses a firearm in a court facility shall surrender the firearm to a law enforcement officer.
(B) A weapon, other than a firearm, in a court facility may be required to surrender the weapon to a law enforcement officer or to immediately remove it from the court facility. A person who fails to comply with this subparagraph is guilty, upon conviction, of a Class C felony.
(b) The presiding judge of a judicial district may enter an order permitting the possession of specified weapons in a court facility.
(3) Subsection (1) of this section does not apply to:
(a) A sheriff, police officer, other duly appointed peace officers or a corrections officer while acting within the scope of employment.
(b) A person summoned by a peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.
(c) An active or reserve member of the military forces of this state or the United States, when engaged in the performance of duty.
(d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.
(e) A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building.
(f) Possession of a firearm on school property if the firearm:
(A) Is possessed by a person who is not otherwise prohibited from possessing the firearm; and
(B) Is unloaded and locked in a motor vehicle.
(4) The exceptions listed in subsection (3)(b) to (f) of this section constitute affirmative defenses to a charge of violating subsection (1) of this section.
(5)(a) Any person who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place that the person knows is a school shall upon conviction be guilty of a Class C felony.
(b) Paragraph (a) of this subsection does not apply to the discharge of a firearm:
(A) As part of a program approved by a school in the school by an individual who is participating in the program; or
(B) By a law enforcement officer acting in the officer�s official capacity.
(6) Any weapon carried in violation of this section is subject to the forfeiture provisions of ORS 166.281.
(7) Notwithstanding the fact that a person�s conduct in a single criminal episode constitutes a violation of both subsections (1) and (5) of this section, the district attorney may charge the person with only one of the offenses.
(8) As used in this section, "dangerous weapon" means a dangerous weapon as that term is defined in ORS 161.015.
166.372 [1993 c.625 �3; repealed by 1996 c.16 �5]
166.373 Possession of weapon in court facility by peace officer or federal officer. (1) Notwithstanding ORS 166.370 (2) and except as provided in subsection (2) of this section, a peace officer, as defined in ORS 161.015, or a federal officer, as defined in ORS 133.005, may possess a weapon in a court facility if the officer:
(a) Is acting in an official capacity and is officially on duty;
(b) Is carrying a weapon that the employing agency of the officer has authorized the officer to carry; and
(c) Is in compliance with any security procedures established under subsections (3) and (4) of this section.
(2) A judge may prohibit a peace officer or a federal officer from possessing a weapon in a courtroom. A notice of the prohibition of the possession of a weapon by an officer in a courtroom must be posted outside the entrance to the courtroom.
(3) A presiding judge of a judicial district may establish procedures regulating the possession of a weapon in a court facility by a peace officer or a federal officer subject to the following:
(a) The procedures must be established through a state court security improvement plan under ORS 1.180; and
(b) Notice of the procedures must be posted at the entrance to the court facility, or at an entrance for peace officers or federal officers if the entrance is separate from the entrance to the court facility, and at a security checkpoint in the court facility.
(4) A judge may establish procedures regulating the possession of a weapon in a courtroom by a peace officer or a federal officer. A notice of the procedures regulating the possession of a weapon by an officer must be posted outside the entrance to the courtroom. [2001 c.201 �3]
166.380 Examination of device or firearm by peace officer; arrest for failure to allow examination. (1) A peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm.
(2) Refusal by a person to allow the examination authorized by subsection (1) of this section constitutes reason to believe that the person has committed a crime and the peace officer may make an arrest pursuant to ORS 133.310. [1969 c.705 �3]
==============================================
Earlier versions
- Public Order Offense 166.240 Illegal Concealed
Weapon... [it is a Class B Misdemeanor to carry] concealed
upon the person any knife having a blade that projects or
swings into position by force of a spring or by
centrifugal force and commonly known as a switchblade
knife, any dirk, dagger, ice pick... or any similar
instrument by the use of which injury could be
inflicted... [it is also an offense 166.270 for a convicted felon
to possess a switchblade or gravity knife, or a dirk or dagger.]
166.360 - knife &c on school grounds
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Pennsylvania - Pa. C.S.A. 18.908. Prohibited offensive
weapons. (a) Offense defined.--A person commits a
misdemeanor of the first degree if, except as authorized
by law, he makes, repairs, sells, or otherwise deals in,
uses, or possesses any offensive weapon. (b) Exception.--
It is a defense under this section for the defendant to
prove by a preponderance of evidence that he possessed of
dealt with the weapon solely as a curio or in a dramatic
performance, or that he possessed it briefly in
consequence of having found it or taken it from an
aggressor, or under circumstances similarly negativing any
intent or likelihood that the would be used unlawfully.
(c) Definition.--As used in this section "offensive
weapon" means... any... dagger, knife, razor or cutting
instrument, the blade of which is exposed in an automatic
way by switch, push-button, spring mechanism, or
otherwise...
- also see 24 P.S. 13-1317.2. re: students bringing weapons
on to school property.]
Pennsylvania case law:
Where opening knife required lock to be released, and
once lock was released blade could be exposed by flip of
wrist, knife did not have blade which could be "exposed in
an automatic way"... by "otherwise" legislature referred
to knives that were opened by some sort of mechanism which
is not a "switch," "push-button," or "spring" mechanism
but still a mechanism... (1979)
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Rhode Island
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South Carolina
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South Dakota
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Rhode Island - 11-47-42. Weapons other than firearms
prohibited. (A) No person shall... with intent to use the
same unlawfully against another, carry or possess a
dagger, dirk, stiletto, sword-in-cane, bowie knife... nor
shall any person wear or carry concealed upon his person,
any of the aforesaid instruments or weapons, or any razor,
or knife of any description having a blade of more than
three (3) inches in length measuring from the end of the
handle where the blade is attached... (B) No person shall
sell to a person under eighteen (18) years of age, without
the written authorization of the minor's parent or legal
guardian, any [of the above]
- 11-47-43. Collectors... exempt from section 11-47-42. The
provisions of section 11-47-42, so far as they forbid the
possession of certain instruments or weapons, shall not
apply to any person who possesses or is making a
collection of the same as curios, or for educational,
professional, scientific, or any other lawful purpose,
without intent to use any such instrument or weapon
unlawfully...
- 11-47-48. No person, firm, or corporation shall display in
a place of business by means of a window display any...
firearm... or any dagger, dirk, bowie knife, stiletto...
- 11-47-59. No person shall commit or attempt to commit any
crime of violence while having in his or her possession a
knife with a blade more than 3 inches long...
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South Carolina - 16-23-460. Carrying concealed weapons... Any
person carrying a dirk, slingshot, metal knuckles, razor
or other deadly weapon usually used for the infliction of
personal injury concealed about his person shall be guilty
of a misdemeanor, shall forfeit to the county or... to the
municipality the weapon so carried concealed an fined...
or imprisoned... [exempt person's own premises and peace
officers].
- 16-23-430. Carrying weapons on school property. It shall be
unlawful for any person [except officials] to carry on his
person, while on any elementary or secondary school
property, a knife, with a blade over two inches long... or
any other type of weapon, device, or object which may be
used to inflict bodily injury or death... a felony.
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South Dakota - 22-14-19. No person may own, possess or sell a
ballistic knife. A ballistic knife is a knife encased in a
tubular metal sheath which when removed, uncovers a
detachable blade that can be propelled by a spring
mechanism operated at the push of a button.
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Tennessee
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Texas
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Utah
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Tennessee - 39-17-1397. Unlawful carrying or possession of a
weapon. (a)(1) A person commits an offense who carries
with intent to go armed a firearm, knife with a blade
length exceeding four inches, or a club....
- 39-17-1301. Definitions... (5) "Knife" means any bladed
hand instrument that is capable of inflicting serious
bodily injury or death by cutting or stabbing a person
with the instrument.
- 39-17-1302. Prohibited weapons. (a) A person commits an
offense who intentionally or knowingly possess,
manufactures, transports, repairs, or sells... (6) A
switchblade knife or knuckles... (b) It is a defense to
prosecution... that the person's conduct... (4) Was
incident to... a lawful dramatic performance... (5) Was
incident to displaying the weapon in a public museum or
exhibition...
- 39-17-1309. Carrying weapons on school property. (a) As
used in this section, "weapon of like kind" includes
razors and razor blades except those used solely for
personal shaving, and any sharp pointed or edged
instrument, except unaltered nail files and clips and
tools used solely for preparation of food...
(b)(1) It is an offense for any person to possess or carry ,
whether openly or concealed, with the intent to go armed,
any... bowie knife, hawk bill knife, ice pick, dagger...
switchblade knife... or any other weapon of like kind [on
any school bus or property]... a Class E felony.
- 39-17-1310. [Exceptions to above include hunting; knife or
gun show on school property; passenger pick-up or drop-
off]
Tennessee Case Law:
- "The general assembly has the power to prohibit the keeping
or bearing of weapons dangerous to the peace and safety of
the citizenry." (1840; 1878)
- "The constitutional right to bear arms refers only to
military arms or arms useful in the common defense."
(1840; 1872)
- "The purpose of the former provisions was to discourage the
using of certain weapons which tend to lead to crime."
(1957)
- "The terms 'other knife or weapon of like form, shape, or
size of a bowie knife or Arkansas toothpick,' used in the
former provisions were not too indefinite to be
enforced..." (1844; 1928)
- "It was not necessary to a conviction under the former
provisions that the weapon carried be concealed about the
person, except if it was a razor..." (1914)
- "Butterfly or Balisong knives are not switchblades..."
(1986)
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Texas - Health, Safety & Morals - 46.02. Unlawful carrying
weapons. (a) A person commits an offense if intentionally,
knowingly , or recklessly carries on or about his person a
handgun, illegal knife, or club. [Exceptions: official;
actor was own premises; was traveling; engaged in lawful
hunting, fishing, or other sporting activity; security
guard].
- 46.01. Definitions. (1) "Club"... includes... (D)
Tomahawk...
(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by
being thrown;
(C) dagger, including but not limited to a dirk, stiletto,
and poniard;
(D) sword; or
(E) spear.
(7) "Knife" means any bladed hand instrument that is capable
of inflicting serious bodily injury or death by cutting or
stabbing a person with the instrument.
- 46.03. Places weapons prohibited.
(a) A person commits an offense if, with a firearm, illegal
knife, club, or prohibited weapon [includes switchblade
knives], he intentionally, knowingly, or recklessly goes:
(1) on the physical premises of a school [or school bus];
(2) on the premises of a polling place...
[(3) a court; (4) a racetrack; (5) secured area of an
airport].
- 46.05. Prohibited Weapons. (a) A person commits and offense
if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells... (5) a switchblade
knife... (d) It is an affirmative defense to prosecution
under this section that the actor's conduct: (1) was
incidental to dealing with a switchblade knife,
springblade knife, or short-barrel firearm solely as an
antique or curio...
- 46.06. Unlawful transfer of certain weapons.
(a) A person commits an offense if he... (2)... sells...
gives... offers... to any child younger than 18 years any
firearm, or illegal knife [except with written parental
consent].
Texas Case Law:
- "A teacher could not carry weapons in his school room..."
(1889)
- Broken switchblade knife was still a "switchblade knife"
within this section... (1986)
- "Defendant's contention that he took knife to school to
fight demons that plagued him did not defeat requisite
state of mind for conviction..." (1993)
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Utah - Offenses Against Public Health and Safety - 76-10-504.
Carrying concealed dangerous weapon.
(1) Any person... carrying a concealed dangerous weapon... is
guilty of a class B misdemeanor.
- 76-10-501... Definitions... (2)... (c) "Dangerous weapon"
means an item that in the manner of its use or intended
use is capable of causing death or serious bodily injury.
The following factors shall be used in determining whether
an item, object, or thing not commonly known as a
dangerous weapon is a dangerous weapon:
(i) the character of the instrument, object, or thing;
(ii) the character of the wound produced, if any; and
(iii) the manner in which the instrument, object, or thing
was used.
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Vermont
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Virginia
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Washington
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Vermont - Ch. 85 Weapons - T.13-4003... A person who carries
a dangerous or deadly weapon, openly or concealed, with
the intent or avowed purpose of injuring a fellow man, or
who carries a dangerous or deadly weapon within any state
institution... or grounds [thereof]... shall be
imprisoned... or fined.
- T.13.4004... A person while a member of and in attendance
upon a school, carries or has in his possession a firearm,
dirk knife, bowie knife, dagger or other dangerous or
deadly weapon shall be fined not more than $20; however,
the board of school directors may authorize the use of
firearms for instructional purposes...
- T.13.4013. Zip guns; switchblade knives. A person who
possesses, sells or offers for sale a weapon commonly
known as a "zip" gun, or a weapon commonly known as a
switchblade knife, the blade of which is three inches or
more in length, shall be imprisoned not more than ninety
days or fined not more than $100.00, or both.
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Virginia - 18.2-308. Carrying concealed weapons... A. If any
person carries about his person, hidden from common
observation... (ii) any dirk, bowie knife, switchblade
knife, ballistic knife, razor... he shall be guilty of a
Class 1 misdemeanor, and such weapon shall be forfeited to
the Commonwealth... B. This section shall not apply to: 1.
Any person while in his own place of abode or the
curtilage thereof... 4. Any regularly enrolled member of a
weapons collecting organization who is at, or going to or
from, a bona fide weapons exhibition, provided that the
weapons are... securely wrapped while being transported.
5. Any person carrying such weapons between his place of
abode and a place of purchase or repair, provided the
weapons are.. securely wrapped while being transported...
D. Any person may apply in writing... for a two-year
permit to carry a specific type of concealed weapon...
- 18.2-309. Furnishing certain weapons to minors.--If any
person sell, barter, give or furnish... to any minor a...
dirk, switchblade knife or bowie knife... such person
shall be guilty of a Class 4 misdemeanor.
- 18.2-311. Prohibiting the selling or having in possession
blackjacks, etc. -- If any person sells or barters, or
exhibits for sale or for barter, or gives or furnishes,
or causes to be sold, bartered, given or furnished, or
has in his possession, or under his control, with the
intent of selling, bartering, giving or furnishing, any
blackjack, brass or metal knucks, any disc of whatever
configuration having at least two points or pointed
blades which is designed to be thrown or propelled and
which may be known as a throwing star or oriental dart,
switchblade knife, ballistic knife, or like weapons,
such person shall be guilty of a Class 4 misdemeanor.
The having in one's possession of any such weapon shall
be prima facie evidence, except in the case of a
conservator of the peace, of his intent to sell, barter,
give or furnish the same.
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Updated 4/22/2002
Washington Crimes and Punishments
RCW 9.41.250
Dangerous weapons -- Penalty.
Every person who:
(1) Manufactures, sells, or disposes of or possesses
any instrument or weapon of the kind usually known as
slung shot, sand club, or metal knuckles, or spring
blade knife, or any knife the blade of which is
automatically released by a spring mechanism or other
mechanical device, or any knife having a blade which
opens, or falls, or is ejected into position by the
force of gravity, or by an outward, downward, or
centrifugal thrust or movement;
(2) Furtively carries with intent to conceal any dagger,
dirk, pistol, or other dangerous weapon; or
(3) Uses any contrivance or device for suppressing the
noise of any firearm,
is guilty of a gross misdemeanor punishable under
chapter 9A.20 RCW.
Effective date -- 1994
RCW 9.41.270
Weapons apparently capable of producing bodily harm --
Unlawful carrying or handling -- Penalty -- Exceptions.
(1) It shall be unlawful for any person to carry, exhibit,
display, or draw any firearm, dagger, sword, knife or other
cutting or stabbing instrument, club, or any other weapon
apparently capable of producing bodily harm, in a manner,
under circumstances, and at a time and place that either
manifests an intent to intimidate another or that warrants
alarm for the safety of other persons.
(2) Any person violating the provisions of subsection (1)
above shall be guilty of a gross misdemeanor. If any person
is convicted of a violation of subsection (1) of this section,
the person shall lose his or her concealed pistol license,
if any. The court shall send notice of the revocation to the
department of licensing, and the city, town, or county which
issued the license.
(3) Subsection (1) of this section shall not apply to or affect
the following:
(a) Any act committed by a person while in his or her place of
abode or fixed place of business;
(b) Any person who by virtue of his or her office or public
employment is vested by law with a duty to preserve public
safety, maintain public order, or to make arrests for offenses,
while in the performance of such duty;
(c) Any person acting for the purpose of protecting himself or
herself against the use of presently threatened unlawful force
by another, or for the purpose of protecting another against the
use of such unlawful force by a third person;
(d) Any person making or assisting in making a lawful arrest for
the commission of a felony; or
(e) Any person engaged in military activities sponsored by the
federal or state governments.
Effective date -- 1994
http://www.knife-expert.com
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Seattle Municipal Code
Information retrieved February 7, 2001
http://clerk.ci.seattle.wa.us/~scripts/nph-brs.exe?s1=&s2=knife&S3=&Sect4=AND&l=20&Sect1=IMAGE&Sect3=PLURON&Sect5=CODE1&d=CODE&p=1&u=/~public/code1.htm&r=5&Sect6=HITOFF&f=L3;1;12A.14.010.HEAD.
SMC 12A.14.010 Definitions.
The following definitions apply in this chapter:
A. "Dangerous knife" means any fixed-blade knife and any other
knife having a blade more than three and one-half inches (31/2")
in length.
B. "Fixed-blade knife" means any knife, regardless of blade
length, with a blade which is permanently open and does not fold,
retract or slide into the handle of the knife, and includes any
dagger, sword, bayonet, bolo knife, hatchet, axe, straight-edged
razor, or razor blade not in a package, dispenser or shaving
appliance.
C. "Firearm" means a weapon or device from which a projectile
may be fired by an explosive such as gunpowder.
D. "Personal protection spray device" means a commercially
available dispensing device designed and intended for use in
self-defense and containing a nonlethal sternutator or lacrimator
agent, including but not limited to:
1. Tear gas, the active ingredient of which is either
chloracetophenone (CN) or O-chlorobenzylidene malonotrile (CS);
or
2. Other agent commonly known as mace, pepper mace, or pepper
gas.
E. "Switchblade knife" means any knife having a blade that
opens automatically by hand pressure applied to a button, spring
mechanism, or other device, or a blade that opens, falls or is
ejected into position by force of gravity or by an outward,
downward, or centrifugal thrust or movement.
(Ord. 117157 Section 2, 1994: Ord. 116872 Section 11, 1993: Ord.
113547 Section 1, 1987: Ord. 112103 Section 1, 1985:
Ord. 110785 Section 1, 1982: Ord. 110462 Section 1, 1982: Ord.
103472 Section 1, 1974: Ord. 102843 Section 12A.17.010 , 1973.)
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This prohibits the carry of "dangerous knives.
http://clerk.ci.seattle.wa.us/~scripts/nph-brs.exe?s1=&s2=knife&S3=&Sect4=AND&l=20&Sect1=IMAGE&Sect3=PLURON&Sect5=CODE1&d=CODE&p=1&u=/~public/code1.htm&r=5&Sect6=HITOFF&f=L3;1;12A.14.080.HEAD.
SMC 12A.14.080 Unlawful use of weapons.
It is unlawful for a person knowingly to:
A. Sell, manufacture, purchase, possess or carry any blackjack,
sand-club, metal knuckles, switchblade knife, chako sticks, or
throwing stars; or
B. Carry concealed or unconcealed on his or her person any
dangerous knife, or carry concealed on his or her person any
deadly weapon other than a firearm; or
C. Possess a firearm in any stadium or convention center
operated by a city, county or other municipality, except that
such restriction shall not apply to:
1. Any pistol in the possession of a person licensed under
RCW 9.41.070 or exempt from the licensing requirement by
RCW 9.41.060, or
2. Any showing, demonstration or lecture involving the
exhibition of firearms.
D. Sell or give away to any person under eighteen (18) years of
age any dangerous knife or deadly weapon other than a firearm, or
for any person under eighteen (18) years of age to purchase any
dangerous knife or deadly weapon other than a firearm, or for any
person under eighteen (18) years of age to possess any dangerous
knife or deadly weapon other than a firearm except when under the
direct supervision of an adult.
(Ord. 117157 Section 5, 1994: Ord. 116872 Section 14, 1993:
Ord. 113547 Section 3, 1987: Ord. 110785 Section 2, 1982:
Ord. 110462 Section 2, 1982: Ord. 110179 Section 2, 1981:
Ord. 109674 Section 12, 1981: Ord. 108814 Section 3, 1980:
Ord. 102843 Section 12A.17.140 , 1973.)
Subsection B regulating the carrying of certain knives is
a reasonable restriction of the right to bear arms.
Seattle v. Riggins, 63 Wn.Ap.313, 818 P.2d 1100 (1991).
A citation as "carrying a concealed weapon" with the code
section number is sufficient to charge a violation of
SMC 12A.14.080 B. Seattle v. Hall, 60 Wn.App. 645, 806 P.2d 1246 (1991).
The prohibition of knowing possessing of chako sticks does
not conflict with state law and is not preempted by the
state Juvenile Justice Act. State v. Rabon, 45 Wn.App. 832, 727 P.2d 995 (1986).
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West Virginia
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Wisconsin
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Wyoming
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West Virginia as of July 2, 2004
�61-7-2. Definitions.
As used in this article, unless the context otherwise requires:
(1) "Blackjack" means a short bludgeon consisting, at the striking end, of an encased piece of lead or some other heavy substance and, at the handle end, a strap or springy shaft which increases the force of impact when a person or object is struck. The term "blackjack" shall include, but not be limited to, a billy, billy club, sand club, sandbag or slapjack.
(2) "Gravity knife" means any knife that has a blade released from the handle by the force of gravity or the application of centrifugal force and when so released is locked in place by means of a button, spring, lever or other locking or catching device.
(3) "Knife" means an instrument, intended to be used or readily adaptable to be used as a weapon, consisting of a sharp-edged or sharp-pointed blade, usually made of steel, attached to a handle which is capable of inflicting cutting, stabbing or tearing wounds. The term "knife" shall include, but not be limited to, any dagger, dirk, poniard or stiletto, with a blade over three and one-half inches in length, any switchblade knife or gravity knife and any other instrument capable of inflicting cutting, stabbing or tearing wounds. A pocket knife with a blade three and one-half inches or less in length, a hunting or fishing knife carried for hunting, fishing, sports or other recreational uses, or a knife designed for use as a tool or household implement shall not be included within the term "knife" as defined herein unless such knife is knowingly used or intended to be used to produce serious bodily injury or death.
(4) "Switchblade knife" means any knife having a spring-operated blade which opens automatically upon pressure being applied to a button, catch or other releasing device in its handle.
(5) "Nunchuka" means a flailing instrument consisting of two or more rigid parts, connected by a chain, cable, rope or other nonrigid, flexible or springy material, constructed in such a manner as to allow the rigid parts to swing freely so that one rigid part may be used as a handle and the other rigid part may be used as the striking end.
(6) "Metallic or false knuckles" means a set of finger rings attached to a transverse piece to be worn over the front of the hand for use as a weapon and constructed in such a manner that, when striking another person with the fist or closed hand, considerable physical damage may be inflicted upon the person struck. The terms "metallic or false knuckles" shall include any such instrument without reference to the metal or other substance or substances from which the metallic or false knuckles are made.
(7) "Pistol" means a short firearm having a chamber which is integral with the barrel, designed to be aimed and fired by the use of a single hand.
(8) "Revolver" means a short firearm having a cylinder of several chambers that are brought successively into line with the barrel to be discharged, designed to be aimed and fired by the use of a single hand.
(9) "Deadly weapon" means an instrument which is designed to be used to produce serious bodily injury or death or is readily adaptable to such use. The term "deadly weapon" shall include, but not be limited to, the instruments defined in subdivisions (1) through (8), inclusive, of this section or other deadly weapons of like kind or character which may be easily concealed on or about the person. For the purposes of section one-a, article five, chapter eighteen-a of this code and section eleven-a, article seven of this chapter, in addition to the definition of "knife" set forth in subdivision (3) of this section, the term "deadly weapon" also includes any instrument included within the definition of "knife" with a blade of three and one-half inches or less in length. Additionally, for the purposes of section one-a, article five, chapter eighteen-a of this code and section eleven-a, article seven of this chapter, the term "deadly weapon" includes explosive, chemical, biological and radiological materials. Notwithstanding any other provision of this section, the term "deadly weapon" does not include any item or material owned by the school or county board, intended for curricular use, and used by the student at the time of the alleged offense solely for curricular purposes.
(10) "Concealed" means hidden from ordinary observation so as to prevent disclosure or recognition. A deadly weapon is concealed when it is carried on or about the person in such a manner that another person in the ordinary course of events would not be placed on notice that the deadly weapon was being carried.
(11) "Firearm" means any weapon which will expel a projectile by action of an explosion.
(12) "Controlled substance" has the same meaning as is ascribed to that term in subsection (d), section one hundred one, article one, chapter sixty-a of this code.
(13) "Drug" has the same meaning as is ascribed to that term in subsection (1), section one hundred one, article one, chapter sixty-a of this code.
�61-7-3. Carrying deadly weapon without license or other authorization; penalties.
(a) Any person who carries a concealed deadly weapon, without a state license or other lawful authorization established under the provisions of this code, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars and may be imprisoned in the county jail for not more than twelve months for the first offense; but upon conviction of a second or subsequent offense, he or she shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one nor more than five years and fined not less than one thousand dollars nor more than five thousand dollars.
(b) It shall be the duty of the prosecuting attorney in all cases to ascertain whether or not the charge made by the grand jury is a first offense or is a second or subsequent offense and, if it shall be a second or subsequent offense, it shall be so stated in the indictment returned, and the prosecuting attorney shall introduce the record evidence before the trial court of such second or subsequent offense and shall not be permitted to use discretion in introducing evidence to prove the same on the trial.
�61-7-6. Exceptions as to prohibitions against carrying concealed deadly weapons.
The licensure provisions set forth in this article do not apply to:
(1) Any person carrying a deadly weapon upon his or her own premises; nor shall anything herein prevent a person from carrying any firearm, unloaded, from the place of purchase to his or her home, residence or place of business or to a place of repair and back to his or her home, residence or place of business, nor shall anything herein prohibit a person from possessing a firearm while hunting in a lawful manner or while traveling from his or her home, residence or place of business to a hunting site and returning to his or her home, residence or place of business;
(2) Any person who is a member of a properly organized target-shooting club authorized by law to obtain firearms by purchase or requisition from this state or from the United States for the purpose of target practice from carrying any pistol, as defined in this article, unloaded, from his or her home, residence or place of business to a place of target practice and from any place of target practice back to his or her home, residence or place of business, for using any such weapon at a place of target practice in training and improving his or her skill in the use of the weapons;
(3) Any law-enforcement officer or law-enforcement official as defined in section one, article twenty-nine, chapter thirty of this code;
(4) Any employee of the West Virginia division of corrections duly appointed pursuant to the provisions of section five, article five, chapter twenty-eight of this code while the employee is on duty;
(5) Any member of the armed forces of the United States or the militia of this state while the member is on duty;
(6) Any circuit judge, including any retired circuit judge designated senior status by the supreme court of appeals of West Virginia, prosecuting attorney, assistant prosecuting attorney or a duly appointed investigator employed by a prosecuting attorney;
(7) Any resident of another state who has been issued a license to carry a concealed weapon by a state or a political subdivision which has entered into a reciprocity agreement with this state. The governor may execute reciprocity agreements on behalf of the state of West Virginia with states or political subdivisions which have similar gun permitting laws and which recognize and honor West Virginia licenses issued pursuant to section four of this article;
(8) Any federal law-enforcement officer or federal police officer authorized to carry a weapon in the performance of the officer's duty; and
(9) Any Hatfield-McCoy regional recreation authority ranger while the ranger is on duty.
�61-7-8. Possession of deadly weapons by minors; prohibitions.
Notwithstanding any other provision of this article to the contrary, a person under the age of eighteen years who is not married or otherwise emancipated shall not possess or carry concealed or openly any deadly weapon: Provided, That a minor may possess a firearm upon premises owned by said minor or his family or on the premises of another with the permission of his or her parent or guardian and in the case of property other than his or her own or that of his family, with the permission of the owner or lessee of such property: Provided, however, That nothing in this section shall prohibit a minor from possessing a firearm while hunting in a lawful manner or while traveling from a place where he or she may lawfully possess a deadly weapon, to a hunting site, and returning to a place where he or she may lawfully possess such weapon.
A violation of this section by a person under the age of eighteen years shall subject the child to the jurisdiction of the circuit court under the provisions of article five, chapter forty-nine of this code, and such minor may be proceeded against in the same manner as if he or she had committed an act which if committed by an adult would be a crime, and may be adjudicated delinquent.
�8-12-5. General powers of every municipality and the governing body thereof.
In addition to the powers and authority granted by: (i) The constitution of this state; (ii) other provisions of this chapter; (iii) other general law; and (iv) any charter, and to the extent not inconsistent or in conflict with any of the foregoing except special legislative charters, every municipality and the governing body thereof shall have plenary power and authority therein by ordinance or resolution, as the case may require, and by appropriate action based thereon...
(16) To arrest, convict and punish any individual for carrying about his or her person any revolver or other pistol, dirk, bowie knife, razor, slingshot, billy, metallic or other false knuckles or any other dangerous or other deadly weapon of like kind or character;
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Wisconsin - 941.24. Possession of switchblade knife. (1)
Whoever manufactures, sells or offers to sell, transports,
purchases, possesses or goes armed with any knife having a
blade which opens by pressing a button, spring or other
device in the handle or by gravity or by a thrust or
movement is guilty of a Class A misdemeanor... [Note: the
wording of this statute is different from all other state
switchblade statutes.]
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Wyoming - Statutes 6-8-104... A person who wears or carries a
concealed deadly weapon is guilty of a misdemeanor...
- 6-1-104. Definitions... (iv) "Deadly weapon" means, but is
not limited to, a firearm, explosive or incendiary
material, motorized vehicle, an animal or other device,
instrument, material or substance, which in the manner it
is used or is intended to be used is reasonably capable of
producing death or serious injury.
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