La. knife laws?

[Pale Horse]

Can anyone give me some info on Lousiana kife laws? The only thing I've heard of is that you can't carry anything with a blade more than 3 inches concealed.

 

[LouisianaCarry]

Not quite true. There is no statutory provision concerning blade length in LA law. What they might be referring to is that there once was a felon in SoLA that was arrested for having a 3.5" folder in his pocket. His conviction was upheld in appeals. However, the case was not based on the size of the weapon, it was based on the fact that he was a felon, which was considered prima facie proof that he was carrying it for 'the probable use as a weapon.' There is currently no provision for the carrying of anything for 'the probable use as a weapon,' except a handgun w/ a permit. There are many who disagree with us on this, but Louisiana Carry is working to see that our CHP becomes a CWP (Concealed Weapons Permit), like many other pro gun States have done. This will eliminate any possibility of frivolous charges from activist LEOs/DAs. As to the letter of the law, you can open carry a machete if you want (I carry a fixed blade KaBar, myself, and very rarely get a sideways look). However, anything you carry concealed (and I understand most people do this every day) that could be construed as being probably for use as weapon could get you charged with illegal carry of weapons. Obviously, this usually does not happen, but that is how the law is written. It is purely up to the officer and prosecutor (and possibly the jury, but I, for one, don't want to count on getting a pro-self defense majority out of a random 12 in this day and age) as to whether you are breaking the law.

In all likelyhood, admittedly, you will not have a problem. I try to make sure people can see mine, though, to prevent that altogether. There is distinct case law that requires an "apparent intent to conceal" a weapon in order to be convicted. Whether or not the clip on a folder being visible outside the top of your pocket would qualify has not been specifically tested, to my knowledge, but the argument could certainly be made for that.

LA law concerning illegal carry of weapons: http://www.legis.state.la.us/lss/lss.asp?doc=78739


Case law about the felon w/ the folder:

http://www.thehighroad.org/library/blades/la/State v. Ordon - 697 So. 2d 1074 (1997).html

STATE OF LOUISIANA v. PLASE J. ORDON

No. 96-KA-1710

COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT

96-1710 (La.App. 4 Cir, 07/16/97);
697 So. 2d 1074; 1997 La. App. LEXIS 2006


Case law about an intent to conceal a weapon being a prerequisite for conviction:
http://louisianacarry.org/caselaw/ordon.htm

Hope that helps!

 

[aceinyerface]

RS 14:95

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...

That is pretty vague, I'd hate to get roasted alive by the DA because I THOUGHT I was cool carrying a combat folder like this http://www.gerbergear.com/product.php?model=1608.
One could seriously argue that this knife is customarily used as a weapon and was designed and marketed as such.

US Code TITLE 18 PART I CHAPTER 44 § 930 “The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length.”

Texas law 46.01-02 states that an illegal knife is any knife- over 5 1/2", a thrower, dirk, bowie, sword or spear.

Check http://handgunlaw.us/documents/USKnife.pdf
I'd guess by looking at it that the average acceptable length is 3". By the way, the court measures from the tip of the knife to the beginning of the handle, not just the cutting edge.

 

[LouisianaCarry]

That is pretty vague, I'd hate to get roasted alive by the DA because I THOUGHT I was cool carrying a combat folder like this http://www.gerbergear.com/product.php?model=1608.
One could seriously argue that this knife is customarily used as a weapon and was designed and marketed as such.

Yep, that's why we are trying to do this: http://www.bayoushooter.com/forums/showthread.php?t=1040 (as a first step in making things better)

By the way, the court measures from the tip of the knife to the beginning of the handle, not just the cutting edge.

Differs from State to State, depending on either statute or case law. There is nothing in LA Statutes about it. The only case law I know of is the ORDON case, but the conviction was not based solely on the length of the blade- there were other factors like him being a felon and trespassing. I am not aware of a cut-and-dried case law that establishes a max length. I doubt there really could be such, since the law is intentionally open to the interpretation of the prosecutor and jury.

 

[LouisianaCarry]

Welcome to the site, by the way!