Do State and Federal knife laws apply soilders?

Was discussing general weapons stuff with a few locals at a local eatery the other day and this came up. One of the young men showed us his new automatic knife, fully automatic, not just assisted and said it was legal for him to carry because he was active military. The knife he carried was one where all you did was push a button and the blade came out on its own force. Think switchblade. We have a military base nearby so it is common to see them in restaurants and stores in uniform.
When I questioned him about it asking if he could point me to some documentation to back him up he just said it was common practice.

Anyone know the law on active duty military being exempt from State knife laws? He is a good kid and I would hate to see him get in trouble.

Michael

No active duty personnel are not exempt from State law unless the are actively deployed

My understanding from my time as active duty is you are only exempted from laws if it was issued and the knife was only allowed to be carried while preforming your duties. When they issued those types of knifes to us they came with a commander’s letter stating that it was issued and you were allowed to have it.

Maybe depends as far as conceal carry goes... in Georgia, as long as you are member of the military (active duty, not reserves or guard) as long as you have your military ID on you, you are not required to obtain a concealed carry permit. Your common access military ID is "your permit" to carry both open or concealed, on or off duty.

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Originally Posted by slidewayz240

Maybe depends as far as conceal carry goes... in Georgia, as long as you are member of the military (active duty, not reserves or guard) as long as you have your military ID on you, you are not required to obtain a concealed carry permit. Your common access military ID is "your permit" to carry both open or concealed, on or off duty.

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Yes, but that is slightly different than what Michael was asking, iunless the GA CHL or CCW allows for knife carry (as
FL's does). And even then, there still remain the issues revolving around whatever your state's definitions of
illegal knife are, as even with a CCW, you probably (state specific) can't carry a knife that is defined as illegal.

I don't know the answer with certainty, but a certain commonsense understanding would inform that probably all
exemptions are defined in terms of "in the actual performance of official duties."

You can be in possession of a nuke for example, if your official duties include being part of a convoy moving the device on orders.
Simply being a soldier, without specific orders, I think you'd be in one big heap of doo if caught transporting a nuke.

Of course the example is hyperbolic, but ....

I was supposed to turn in my thermo-nuclear grenades? Oh boy....

Hopyard is right on as to the intent of my question. I mean if a soldier is allowed to carry a knife that is illegal under State law solely because it was issued to him the why can't he carry his M-4, hand grenades or other weapons?

Michael

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Originally Posted by mlr1m

Hopyard is right on as to the intent of my question. I mean if a soldier is allowed to carry a knife that is illegal under State law solely because it was issued to him the why can't he carry his M-4, hand grenades or other weapons?

Michael

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I think the answer would be he can, IF that is in the performance of his official duties backed by real orders.

It is the same deal with police. It is a crime to be in possession of x,y,z, contraband, but officers are routinely in possession
as part of their official duties.

It seems to be quite unlikely that the switch blade is being carried off base, as part of his official duties. Similarly, it seems
highly likely, that OK doesn't have the exemption that young man thinks it has; but I am merely guessing based on common sense,
and as we all know, that sometimes is a far cry from the actual law.

So, I don't know the answer to your question Michael, but I think your concern and maybe skepticism, is not
misplaced.

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Originally Posted by Harvester

My understanding from my time as active duty is you are only exempted from laws if it was issued and the knife was only allowed to be carried while preforming your duties. When they issued those types of knifes to us they came with a commander’s letter stating that it was issued and you were allowed to have it.

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I cannot speak for the army but i assume it is the same actoss the military, but as a Marine I can purchase and carry that type of knife IN UNIFORM... Once I am off duty and home my knife stays on my dresser. I currently own and use everyday at work the infidel which opens as a switchblade.
The laws are "bent" for active duty in uniform. If they issue something like the knives I got overseas that are clearly illegal they (the command) also give you a letter stating that while using in the line of duty they are allowed. BUT! once stateside you cannot use it unless on base and on uniform.

Active duty military isn't allowed auto knifes in Alaska. But the general public is allowed


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