Ka-bar nc legal?

This is a discussion on Ka-bar nc legal? within the Defensive Knives & Other Weapons forums, part of the Defensive Carry Discussions category; Hey guys, new to the forum...a lot of good info! I just moved to NC and I wanted to verify with anyone that knows for ...

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Thread: Ka-bar nc legal?

  1. #1
    New Member Array rduncan1216's Avatar
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    Ka-bar nc legal?

    Hey guys, new to the forum...a lot of good info!

    I just moved to NC and I wanted to verify with anyone that knows for sure if carrying a KA BAR TDI 1480 is legal in this state. I read the law online but I'm not very good with legal jargon.

    Thanks for any help you can provide...I am super paranoid about making sure I follow laws and rules regarding self defense and carry to a T...law abiding citizens need the rights more than anyone...

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  3. #2
    VIP Member Array cphilip's Avatar
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    It appears to me that it is legal to possess one.

    It appears to me that it is illegal to carry one concealed.

    It also appears to me that it is legal to carry one openly or concealed on your own property.

    It appears to me one could carry and possess one on the way to a legitimate function for its use such as hunting and camping.

    It also appears to me that something that meets the definition of an "ordinary pocket knife" can be carried concealed and be perfectly legal except at any educational facility or place it is specifically prohibited by any other state or federal law. And its fairly generous that it is all the way up to a 4 1/2 inch blade folding knife.


    North Carolina - See full texts below. Updated July 2004, August 2005.


    - 14-269 (excerpts). 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).)



    FULL TEXTs August 2005


    14-315. Selling or giving weapons to minors.
    (a) Sale of Weapons Other Than Handguns. – If a person sells, offers for sale, gives, or in any way transfers to a minor any pistol cartridge, brass knucks, bowie knife, dirk, shurikin, leaded cane, or slungshot, the person is guilty of a Class 1 misdemeanor and, in addition, shall forfeit the proceeds of any sale made in violation of this section.
    (a1) Sale of Handguns. – If a person sells, offers for sale, gives, or in any way transfers to a minor any handgun as defined in G.S. 14-269.7, the person is guilty of a Class H felony and, in addition, shall forfeit the proceeds of any sale made in violation of this section. This section does not apply in any of the following circumstances:
    (1) The handgun is lent to a minor for temporary use if the minor's possession of the handgun is lawful under G.S. 14-269.7 and G.S. 14-316 and is not otherwise unlawful.
    (2) The handgun is transferred to an adult custodian pursuant to Chapter 33A of the General Statutes, and the minor does not take possession of the handgun except that the adult custodian may allow the minor temporary possession of the handgun in circumstances in which the minor's possession of the handgun is lawful under G.S. 14-269.7 and G.S. 14-316 and is not otherwise unlawful.
    (3) The handgun is a devise or legacy and is distributed to a parent or guardian under G.S. 28A-22-7, and the minor does not take possession of the handgun except that the parent or guardian may allow the minor temporary possession of the handgun in circumstances in which the minor's possession of the handgun is lawful under G.S. 14-269.7 and G.S. 14-316 and is not otherwise unlawful.
    (b) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 597, s. 2.
    (b1) Defense. – It shall be a defense to a violation of this section if all of the following conditions are met:
    (1) The person shows that the minor produced an apparently valid permit to receive the weapon, if such a permit would be required under G.S. 14-402 or G.S. 14-409.1 for transfer of the weapon to an adult.
    (2) The person reasonably believed that the minor was not a minor.
    (3) The person either:
    a. Shows that the minor produced a drivers license, a special identification card issued under G.S. 20-37.7, a military identification card, or a passport, showing the minor's age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the minor; or
    b. Produces evidence of other facts that reasonably indicated at the time of sale that the minor was at least the required age. (1893, c. 514; Rev., s. 3832; C.S., s. 4440; 1985, c. 199; 1993, c. 259, s. 3; 1993, c. 539, s. 217; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 597, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 20.13(b).)



    14-409.12. "Historic edged weapons" defined.
    The term "historic edged weapon" means any bayonet, trench knife, sword or dagger manufactured during or prior to World War II but in no event later than January 1, 1946. (1971, c. 133, s. 1.)


    ***

    105-80: Repealed by Session Laws 1996, Second Extra Session, c. 14, s. 17.
    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.



  4. #3
    New Member Array rduncan1216's Avatar
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    That's how I read it too.

    Bummer, I was hoping to be able to conceal my tdi...i prefer it over folders.

    Well, looks like it's time to find a replacement. I've been looking at the Vex and a couple others. Any strong opinions from anyone?

  5. #4
    Member Array Bad Monkey's Avatar
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    I read it the same and share your bummage.
    Life Member: Grass Roots North Carolina, GOA | Member: NRA
    Carrying: Springfield Armory XD(M) .40 S&W | Kel-Tec PF9

  6. #5
    Member Array Jaystekan's Avatar
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    Welcome to NC!!!! I always found it odd that with a ccw, you can carry a gun, but can't carry certain knives. I feel you pain, and just wanted to extend my welcome to a fellow Carolinian.
    Remember, no matter where you go, there you are.

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