Legality of Knives

[BRLAShooter]

Okay, someone in another thread posted that fixed blade knives are illegal in the state of Louisiana. My wife carries a small fixed blade knife, the blade is 4inches and the knife itself is 8 inches. Is this illegal and can someone point me to the proper law?

Thanks!

 

[Hitman]

Well let's start with the Law.

§14:95. Illegal carrying of weapons
It's freaking LONG TOO ! CLICK HERE

I'll help look through it when I get back from lunch.

 

[BRLAShooter]

Yeah, I was looking through that... It's overly broad, saying that:

A. 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

So, techinically, her knife would be considered "illegal", but I thought I had heard/read that as long as the blade was 4 inches or less it was okay. Plus, how does this apply to the fact that I may carry a folding knife in my pocket. I can't find any clarification in the law about Knives themselves.

 

[kdick3]

Well a friend of mine told me that the little 2'' (or 1-3/4'' not sure) fixed blade knives that comes with the concealable sheath you wear on your belt is illegal int he state of LA even with a CHP.

 

[BRLAShooter]

Well a friend of mine told me that the little 2'' (or 1-3/4'' not sure) fixed blade knives that comes with the concealable sheath you wear on your belt is illegal int he state of LA even with a CHP.

That seems to be the way the law interprets. I don't see anything on there about length or any other factors.

 

[Speedlace]

From the old threads, it's a very gray area that is easily left up to interpretation.
Louisiana law doesn't specify.

http://bayoushooter.com/forums/showthread.php?t=7059
http://bayoushooter.com/forums/showthread.php?t=14267

 

[posse comatosis]

I believe the jist of it here about a year ago on another thread was a knife is a tool in LA and not a customary weapon. Being that as it may, the language of the statute would appear to make it a judgment call on the part law enforcement. I was never completely satisfied with the spread between the two approaches, and hopefully the question will be further resolved now by our resident paralegals. This is the type of thing that can never be talked into the ground.

 

[Ritten]

Well a friend of mine told me that the little 2'' (or 1-3/4'' not sure) fixed blade knives that comes with the concealable sheath you wear on your belt is illegal int he state of LA even with a CHP.

CHP = Concealed Handgun Permit


It has absolutely NOTHING to do with any other weapon....just handguns.

 

[kdick3]

CHP = Concealed Handgun Permit


It has absolutely NOTHING to do with any other weapon....just handguns.

Right, but in other states (such as FL I believe), it's a concealed weapons license. That's where confusion comes from. If you get a non-resident license in FL, you still can't carry knives concealed in LA, even though the FL permit allows you to in FL.

Likewise, if you go to FL with an LA permit, you can't carry a knife because you're not permitted to under the LA permit.

 

[BRLAShooter]

So, pretty much, everything I've told my wife is true. She's 5ft 6in, cute, tiny, and carry's one of two 4 inch knives. I simply told her, in the moment she has to defend herself, no court around here is going to convict her, as it will almost always been seen as an open and shut case of self defense. Broadly speaking, anyway.

 

[Kraut]

There is nothing in statute defining a legal vs. illegal length (in LA) or defining a fixed blade as being illegal. How it's carried, and what you're doing when carrying it, are the key points. Not many ladies go around openly toting a sheathed knife on their waist, but if she did that would be perfectly legal as long as it's not concealed by any covering garment. "Customarily used or intended for probable use as a dangerous weapon" - would one of those flimsy bread knives count if it was in her purse on the way back from a family cookout? If she were stopped for speeding and it was seen in her purse I wouldn't bother, but if she was stopped leaving a store where the clerk claimed she got irate over the price of Dr. Pepper and threatened to "cut yo ass" it would be a different story. If she was stopped for speeding and had a Cold Steel Recon Tanto seen in her purse when getting her license, as long as she doesn't jump out the car and whip it out on me I'm OK with that. Lots of people have boxcutters they use at work, in purses or pockets. That certainly has potential as a weapon, but it's not something "customarily used" as a dangerous weapon, which is where the "intended for probable use" part comes in. What are the surrounding circumstances? How credible is the allegation? What did any witnesses see? I've arrested lots of people who were carrying knives in their pockets, but when I'm arresting them for some traffic attachment I don't charge them for illegal carrying of weapons. If they're arrested at a disturbance where they showed up at the girlfriend's babydaddy's house instigating a fight, they're way more likely to get charged for that folder in their pocket. We got a guy one night who was carrying a gun, switchblade, and brass knuckles in a bar while drinking and bragging to strangers that he was packing (one of the strangers was an off-duty deputy). He got charged with three counts, his statement being that he was carrying them because he heard "how badass Slidell can be". That's a knucklehead who needs the charges, but if the bar asks us to escort a severely intoxicated subject out of the premises as they have cut him off, and while waiting for a cab to bring him home he's noted to have a 3" blade folder clipped in his pocket, should that guy go to jail for illegal carrying of weapons? I don't think so, he was peacefully getting his drunk on and not bothering anyone or indicating any ill intent.

 

[spanky]

You gotta screw up or **** someone off real bad to be charged with illegal carrying for a knife.

 

[BRLAShooter]

You gotta screw up or **** someone off real bad to be charged with illegal carrying for a knife.

That's what I figured. She's very levelheaded, but has been attacked before, when she was just a kid, so she feels safer know she has a tool to defend herself at her immediate disposal, and in reading some of the threads by Paul Gomez about Fixed vs. Folding, I'd rather her carry the fixed blade.

 

[jimdana1942]

A small, petite lady getting in to a knife fight in order to defend herself is a bad situation to be in, but it's better than nothing.

 

[BRLAShooter]

A small, petite lady getting in to a knife fight in order to defend herself is a bad situation to be in, but it's better than nothing.

It's only a temporary solution until she/we get our CHP's taken care of. We could OC, but I dont know what the reaction around BR would be, and I'd rather not cause a ruckus.

 

[posse comatosis]

Perhaps this whole thing, folders and fixed blades, turns on your intentions in carrying a knife. Self defense would be a legal purpose of carry, but either knife type still falls under the concept of a dangerous instrument, enabling enforcement of the statute.

Analysis must go one step further. Your intend the knife as a benefit to you. It is only dangerous to an assailant, and only because of his actions is he endangered by your knife. Under the common law which applies in this case since there is no statutory safe harbor, that assailant cannot transfer any of the burden of that danger to you. He or she alone must bear the entire costs of their illegal action, which may well include your justified response. Consequently the statute below does not apply to bearers of knives or any other dangerous instrumentalities who carry them for self defense.

A. 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.

 

[posse comatosis]

Uh, maybe someone should run that by a few cops before relying on it...

 

[kdick3]

It's only a temporary solution until she/we get our CHP's taken care of. We could OC, but I dont know what the reaction around BR would be, and I'd rather not cause a ruckus.

DON'T LET HALF THE OC'ERS ON OCDO HERE YOU SAY THAT!!!!!!



You'll be in trouble.......

 

[sraacke]

It's only a temporary solution until she/we get our CHP's taken care of. We could OC, but I dont know what the reaction around BR would be, and I'd rather not cause a ruckus.

I doubt you would cause a ruckus. It's legal and, truth be told, most people don't even notice.

 

[oleheat]

I don't know many people in Louisiana who DON'T carry a fixed blade knife on their belt during deer season. Add a coat/field jacket/parka to that & it's concealed. I personally have never seen anyone busted for this- seems like it would be a "tack on charge"....But I'm no expert. Jim Bowie would be outraged, though.....