Questions on knife carry

Discussion in 'GA Laws and Politics' started by Warp, Dec 15, 2006.

  1. Warp

    Warp Member

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    Frantically trying to get all of Georgia's "wonderfull" laws sorted out before heading down...so much more confusing than I expected for a "pro gun" state...but I'm sure you have heard that before. Please forgive me if I am asking the same old recycled questions.

    I normally carry a couple of folders with 3" blades, are they illegal anywhere other than schools? Does holding a license/permit to carry affect the it?

    Is open carry of firearms legal without a permit? Knives?

    Any reason I can't carry a large fixed blade knife, with permit? Does open/concealed matter?

    The way I read it knives have a maximum blade length of 2" at a public gathering. Does this apply to all off limits places? Does the law differentiate between guns and "deadly weapons" and what knives qualify as "deadly weapons"?
     
  2. Rammstein

    Rammstein New Member

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    Warp from GT, correct?

    IIRC, the law for knives is it has to be under 2" to be legal.

    Permit only covers firearms.

    One must have a permit to either conceal or open carry a firearm.


    I carry a 3" folder daily and the way it was put to me by a cop once was that so long as I was a good boy it was not a problem. I am pretty sure that a cop won't hassle someone about a knife when you have a permit to strap a pistol to your hip.
     

  3. Warp

    Warp Member

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    Yes, the same Warp. Going to be leaving Indiana, unfortunately.

    So your understanding is that no knife over 2" is legal, at all, regardless, technically? What penalty?

    When I agreed to go to Georgia I thought they had better laws damnit! Indiana spoiled me rotton. :(
     
  4. ICP_Juggalo

    ICP_Juggalo Professional Troll

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    Hold up there fellas.

    Yes the knife laws here are somewhat screwy and yes it doesn't make a lick of sense that your GFL is only valid for carrying a pistol and not concealed carry a knife as well. But let me clear up some misconceptions.

    The only time blade legnth even becomes an issue in GA law is when some one is in commission of a forcible felony crime or while on school property or at a school event. If your committing a forcible felony while in possession of a knife with a blade length that exceeds 3 inches you can be slapped with possession of a deadly weapon while committing a felony - a felony within itself. And if you possess a knife with a blade legnth exceeding 2 inches while on school property or at a school function, you can be slapped with possession of a weapon while on school property.

    Other than that no mention of blade length comes into play when carrying a knife for lawful purposes. However the concealed weapon law (O.C.G.A.16-11-126) states that a person commits the offense of carrying a concealed when such person carries on about her person, unless in a open manner and fully exposed to view.... a knife designed for the purpose of offense and defense...

    The same applies to carrying to a public gathering, the knife cannot be designed for a purpose of offense and defense.

    Ofcourse openly carrying a knife desgined for a purpose of offense and defense is legal provided you stay away from public gatherings, schools, and refrain from committing forcible felonious crimes.
     
  5. Warp

    Warp Member

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    So if I am somewhere I can legally carry a firearm I can also legally carry just about any kinfe, but it must be carried openly.

    oye
     
  6. SheriffOconee

    SheriffOconee New Member

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    A knife isn't going to cause you a problem in Georgia unless you try to get thru a metal detector at a courthouse, a school, etc. Knives are generally accepted as tools, I suggest to you that virtually our entire male population carries a knife in his pocket or on his belt. Schools are a NO GO. As has been written, unless you USE it to commit a crime, no one is going to consider that it is used for "offensive or defensive" purposes.
     
  7. Warp

    Warp Member

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    That's nice, but what am I to do if I am the unlucky person charged...say "but everybody does it!" ?

    What is the penalty for having a concealed knife not at a public gathering or school?

    Will it matter if the knife is large, mean looking, obviously a weapon, etc....I just see a LEO encounter, asked about weapons for some reason, my knife looks evil...bam
     
  8. Gunstar1

    Gunstar1 Administrator

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    Like all the carry laws in Georgia, it depends on where you are, what you are doing and who the LEO is (or even the kind of day they have had), so yes it is possible that you could be hasseled with a minor infraction that most get away with.

    ICP quoted the concealed carry law 16-11-126 (meaning you must open carry knives designed for the purpose of offense and defense).
    Even if it is the scariest looking knife on Earth, if you open carry it while not at a public gathering, school, or courthouse, you are NOT breaking the law.
    Since most fixed blade knifes are open carried anyway, that should not be a problem.
    Folding knives are typically not designed for the purpose of offense and defense, so you are fairly safe to conceal them in your pocket. Again, without breaking the law.

    If you have a particularly scary looking knife, my suggestion would be to open carry it. Otherwise stick it in (or clip it to) your pocket.

    While this law is confusing in part, it also means that you can walk down the street open carrying a rifle, shotgun, dagger, or sword and it is perfectly legal (again assuming you do not pass a school or public gathering).
     
  9. Rammstein

    Rammstein New Member

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    Hold up.

    GS1, you are saying that if I put a rifle on my shoulder I can legally walk down the road?
     
  10. ICP_Juggalo

    ICP_Juggalo Professional Troll

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    Yeppers! That is exactly what he is saying and you don't need a license to openly carry a rifle or shotgun either. A handgun you will need a license to carry it out in public places regardless if it is carried openly or concealed.

    Just remember in the case of a firearm, knife, or other deadly weapon, whether or not you need a license to carry it, stay away from public gatherings, schools, airports, public transportation, bus/train stops, and depots, jails, and nuclear power facilities.

    State parks and WMA's are either carry or no carry zones based on hunting season regs.
     
  11. Rammstein

    Rammstein New Member

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  12. Warp

    Warp Member

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    Thanks for the responses guys
     
  13. Macktee

    Macktee New Member

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    This is the part I don't understand;

    "The knife cannot be designed for a purpose of offense and defense. "

    What type knife does not fit that description? That pretty much describes every knife I've ever seen, even itty bitty ones...
     
  14. Gunstar1

    Gunstar1 Administrator

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    While it is not exactly clear in meaning, you can figure out where many would probably fall. To start with, it is not that it could be used for offense and defense but that it's purpose for existing must be for offense and defense (think about it this way, a baseball bat could be used for offense and defense, but that was not what it was designed for).

    Straight razor, no - designed for shaving
    utility knife/box opener, no
    multi tool, no
    sword, yes
    dagger, yes
    k-bar, yes
    your grandfathers locking blade, no
    an assisted opening tactical folder, possibly

    However, like the Sheriff said,
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    :D

    One of my tricky quiz questions for preparing brand new officers used to be, "You see a guy in camoflauge with an AK-47 on a sling over his shoulder walking right over there," pointing to indicate a place on the sidewalk, "so what do you do?"

    Usually, the responses were "stop and question" . . . to which I would say that the guy has no firearms license, patiently insists he does not need one, and responds to questioning that he is walking from point A to point B. He is very calm and responds that he has every right to carry the rifle and would appreciate being allowed to continue his journey. Usually the officers would respond that they would then let him go but maybe keep an eye on him from a distance.

    But many times the response was a hasty something like "Prone him out, wait for backup, handcuff him, and transport him to jail!" To which I always asked, "And what is the charge?" After receiving a puzzled look, I would then leave them to research it on their own. Task accomplished.
    :wink:
     
  16. Rammstein

    Rammstein New Member

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    Nice!
     
  17. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    No preemption!

    Watch out for local ordinances.

    For example, in Dekalb County, no blades over 3 inches, period. No blades over two inches if something "holds the blade partly open," whatever that means.

    Sec. 16-66. Unlawful possession of knives.
    It shall be unlawful for any person, for the purpose of offense or defense, to possess on such person or have at the person's immediate disposal on the streets and roads of the county or in any public place or place of business patronized by the public any of the following instruments:

    (1) Any knife which has a spring-loaded blade that opens automatically by pressure applied to a button, spring or other device in the handle, commonly called a switchblade, swish blade or swiss blade for blades that open on the side and stiletto for blades extending from an end.

    (2) Any knife which has any obstruction or other device of any kind which holds the blade partly open, the blade of which when open projects from the handle more than two (2) inches.

    (3) Any knife of any kind, the blade of which when open projects from the handle more than three (3) inches. This is intended to include all knives such as butcher knives or other knives which do not close.

    (4) Any razor blade alone or inserted in a handle in such manner as to expose either a sharp corner or a sharp edge.
     
  18. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Interesting question, in red above.


    :D


    And here is your answer.


    Ready?


    In a case in which a person challenged his conviction because this language was vague, the Court of Appeals said:

    This Code section uses words of common understanding. A trier of fact could reasonably interpret these words in a manner consistent with due process requirements. We find, therefore, that the statute is not facially unconstitutional.
    . . .

    In the present case, there is no evidence in the record of what kind of knife Appellant had in his possession. This statute, therefore, cannot be declared void for vagueness as applied in this case


    Simmons v. State, 262 Ga. 674, 424 S.E.2d 274 (1993).

    Hope that helps! :lol:
     
  19. Gunstar1

    Gunstar1 Administrator

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    huh? They cant disprove the knife was for offense and defense because it was not discribed/entered into evidence. Shouldn't the state have had to overcome that little problem?
     
  20. Macktee

    Macktee New Member

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    Yeah! What he said!

    If the knife isn't described, that means it meets the test and the (to me anyway) incredibly vague wording makes perfect sense to the courts and the guy with the knife loses? Duh?

    What am I missing here?

    I like to think I'm reasonably not-too-dumb, but I really don't understand that ruling.

    What da h-e-double-hockey-sticks is the court trying to say?