Knife Laws

Discussion in 'GA Laws and Politics' started by Maveri9720, Aug 25, 2006.

  1. Maveri9720

    Maveri9720 New Member

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    I just searched and read what was available concerning knife regulations in GA. As I understand them and from what I have read in GA code, the only restrictions for knives are when you are in a school zone, correct?

    No where else, that I have found, do any laws apply to knives.

    Does someone else have any references I can look at?

    I need to check Munic.code or whatever for my town, but other than that, are there any state laws I have missed?

    I see people referring to carrying openly, but where is that stated?

    Now, I know courthouses and such are off limits, but what about the Post Office? Also, will a pocket knife set off a metal detector?

    What about laws regarding length? Again, all I could find is the 2" regulation in the school zone code.

    Thanks all.
     
  2. ICP_Juggalo

    ICP_Juggalo Active Member

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    O.C.G.A. 16-11-126 is the most relevant code to your inquiry. It basically says that it is illegal to carry concealed a knife designed for a purpose of offense and defense. What is a knife that is designed for a purpose of offense and defense??? You got me. I can see it applying to knives such as swords, bowies, and bayonets. But what about common pocket knives? :-k

    Blade length is mentioned twice in the criminal code. 2 inches in 16-11-127.1 (School Zones) and somwhere between 16-11-101 - 16-11-118. I don't remember the exact code section, but it mentions a knife with a blade legnth of 3 inches or more.

    If it were me, I would try and carry it openly as possible and also try to avoid public gatherings as well since the "knife designed for a purpose of offense or defense" language is present in that statute too.
     

  3. Maveri9720

    Maveri9720 New Member

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    That first one was the one I was looking for. Thank you.


    Yea, the definition of offensive and defensive purposes would be nice right about now.

    I just have a cheap folding 3" pocket knife.

    So, who do we turn to for definition of the O and D purposes?
     
  4. jrm

    jrm Sledgehammer

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    The jury. :lol:

    I don't mean to be glib, but that really is the answer. You can carry an Old Timer and be fairly satisfied to yourself that the knife was not designed for offense or defense. But, if you put the Old Timer through somebody's heart, there's going to be an investigation. It could end up as a criminal case, and your being satisfied that the Old Timer is not designed for offense or defense will not rule the day. The jury's satisfaction will.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Isn't there a case, in the context of a school zone, holding that a craft knife is not designed for the purpose of offense and defense?
     
  6. jrm

    jrm Sledgehammer

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    Could be -- I haven't seen it.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    As to A.M.'s contention that she did not possess a weapon within the meaning of OCGA § 16-11-127.1(a)(2), this statute defines “weapon†to include any “straight-edge razor†or “razor blade.â€

    Testimony given by State's witnesses authorized the court to find that the instrument A.M. wielded against the victim was a retractable razor blade encased in the handle of a box cutter. The court was authorized to find that this weapon met the definition set forth in OCGA § 16-11-127.1(a)

    In re A.M., 248 Ga.App. 241, 545 S.E.2d 688 (2001).



    Ah! Here it is.


    The delinquency petition describes the knife simply as “an art or craft knife.†The factual stipulation states that the knife has “a long, narrow, cylinder-like handle with a blade at the end that is less than 3 inches long. The blade is similar to the type of blade that exists upon a box cutter or an exacto [sic] knife.†OCGA § 16-11-127.1(a)(2) defines a knife to be a weapon within the meaning of the statute if it is a “dirk, bowie knife, switchblade knife, ballistic knife, [or] any other knife having a blade of three or more inches.†FN1 There is no evidence that this art knife falls into any of those categories except that of “other knife.†As it is stipulated that the knife's blade is under three inches, it does not meet the definition of a “knife having a blade of three or more inches,†and possessing such a knife is not proscribed under OCGA § 16-11-127.1(a)(2). Accordingly, it was error to adjudicate the juvenile delinquent based on possession of this knife.

    FN1. This is not a case in which the State argues that a knife with a blade under three inches in length is nonetheless a “straight-edge razor†within the meaning of OCGA § 16-11-127.1(a)(2); both the petition and stipulation of facts refer to the object only as a knife. Compare In the Interest of L.N.M., 222 Ga.App. 589, 474 S.E.2d 762 (1996).

    In re R.B.W., 269 Ga. 452, 500 S.E.2d 573 (1998).