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Knife Laws by State/Country -Change
If you know the knife law where you live, please post it here for our members to understand what our growing knife community faces in towns, cities, states and country.
Replies to This Discussion
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Permalink Reply by Trent Rock on
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California
12020. (a) Any person in this state who does any of the following
is punishable by imprisonment in a county jail not exceeding one year
or in the state prison:(1) Manufactures or causes to be manufactured, imports into the
state, keeps for sale, or offers or exposes for sale, or who gives,
lends, or possesses any cane gun or wallet gun, any undetectable
firearm, any firearm which is not immediately recognizable as a
firearm, any camouflaging firearm container, any ammunition which
contains or consists of any fléchette dart, any bullet containing or
carrying an explosive agent, any ballistic knife, any multiburst
trigger activator, any nunchaku, any short-barreled shotgun, any
short-barreled rifle, any metal knuckles, any belt buckle knife, any
leaded cane, any zip gun, any shuriken, any unconventional pistol,
any lipstick case knife, any cane sword, any shobi-zue, any air gauge
knife, any writing pen knife, any metal military practice
handgrenade or metal replica handgrenade, or any instrument or weapon
of the kind commonly known as a blackjack, slungshot, billy,
sandclub, sap, or sandbag.
(4) Carries concealed upon his or her person any dirk or dagger.
(8) As used in this section, a "ballistic knife" means a device
that propels a knifelike blade as a projectile by means of a coil
spring, elastic material, or compressed gas. Ballistic knife does not
include any device which propels an arrow or a bolt by means of any
common bow, compound bow, crossbow, or underwater speargun.
(13) As used in this section, a "belt buckle knife" is a knife
which is made an integral part of a belt buckle and consists of a
blade with a length of at least 2 1/2 inches.
(14) As used in this section, a "lipstick case knife" means a
knife enclosed within and made an integral part of a lipstick case.(15) As used in this section, a "cane sword" means a cane, swagger
stick, stick, staff, rod, pole, umbrella, or similar device, having
concealed within it a blade that may be used as a sword or stiletto.(16) As used in this section, a "shobi-zue" means a staff, crutch,
stick, rod, or pole concealing a knife or blade within it which may
be exposed by a flip of the wrist or by a mechanical action.
(18) As used in this section, an "air gauge knife" means a device
that appears to be an air gauge but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended.(19) As used in this section, a "writing pen knife" means a device
that appears to be a writing pen but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended or the pointed, metallic shaft is exposed by the
removal of the cap or cover on the device.
(24) As used in this section, a "dirk" or "dagger" means a knife
or other instrument with or without a handguard that is capable of
ready use as a stabbing weapon that may inflict great bodily injury
or death. A nonlocking folding knife, a folding knife that is not
prohibited by Section 653k, or a pocketknife is capable of ready use
as a stabbing weapon that may inflict great bodily injury or death
only if the blade of the knife is exposed and locked into position.
(d) Knives carried in sheaths which are worn openly suspended from
the waist of the wearer are not concealed within the meaning of this
section.
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Permalink Reply by Steve Hanner on
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Missouri - Chapter 571, Weapons Offenses [excerpts].
- 571.010. Definitions...
(10) "Knife" means any dagger, dirk, stiletto, or bladed hand instrument that is readily capable of inflicting serious physical injury or death by cutting or stabbing a person. For purposes of this chapter, "knife" does not include any ordinary pocketknife with no blade more than four inches in length;
(11) "Knuckles" means any instrument that consists of finger rings or guards made of a hard substance that is designed or adapted for the purpose of inflicting serious physical injury or death by striking a person with a fist enclosed in the knuckles;
(18) "Switchblade knife" means any knife which has a blade that folds or closes into the handle or sheath, and
(a) That opens automatically by pressure applied to a button or other device located on the handle; or
(b) That opens or releases from the handle or sheath by the force of gravity or by the application of centrifugal force.
- 571.020...
1. A person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells:
(7) A switchblade knife;
(9) Knuckles.
2. A person does not commit a crime pursuant to this section if his conduct:
(1) Was incident to the performance of official duty by the armed forces, national guard, a governmental law enforcement agency, or a penal institution; or
(2) Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subdivision (1) of this section; or...
(4) Was incident to displaying the weapon in a public museum or exhibition; or
(5) Was incident to dealing with the weapon solely as a curio, ornament, or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance;
3. A crime pursuant to... subdivision (7), (8) or (9) of subsection 1 of this section is a class A misdemeanor.
(L. 1981 H.B. 296, A.L. 2002 S.B. 712)
- 571.030.
1. A person commits the crime of unlawful use of weapons if he or she knowingly:
(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or...
(4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or
8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof; or...
(10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.
2. Subdivisions (1), (3), (4), (6), (7), (8), (9) and (10) of subsection 1 of this section shall not apply to or affect any of the following: [law enforcement, military, judges, carry permit holders, etc. This exemption applies only to 571.030, not to 571.020]
Chapter 160 - Schools--General Provisions
160.261. 1. The local board of education of each school district shall clearly establish a written policy of discipline... 2... The policy shall at a minimum require school administrators to report, as soon as reasonably practical, to the appropriate law enforcement agency any of the following felonies, or any act which if committed by an adult would be one of the following felonies:
(19) The possession of a weapon under chapter 571, RSMo;
6. For the purpose of this section, the term "weapon" shall mean a firearm as defined under 18 U.S.C. 921 and the following items, as defined in section 571.010, RSMo: a blackjack, a concealable firearm, an explosive weapon, a firearm, a firearm silencer, a gas gun, a knife, knuckles, a machine gun, a projectile weapon, a rifle, a shotgun, a spring gun or a switchblade knife; except that this section shall not be construed to prohibit a school board from adopting a policy to allow a Civil War reenactor to carry a Civil War era weapon on school property for educational purposes so long as the firearm is unloaded. The local board of education shall define weapon in the discipline policy. Such definition shall include the weapons defined in this subsection but may also include other weapons.
Missouri Case Law:
- "Knife which was 7 to 8 inches long with a 4 to 5 inch
blade could be found to be a 'dagger' and thus a 'deadly
weapon'... (1982)
- "Information charging defendant with knowingly carrying a
concealed weapon, a boot knife with a 4-1/2 inch blade,
was sufficient to negative statutory exception to offense
of unlawful use of weapon, providing that pocketknife with
blade no more than 4 inches in length is not a knife,
where defendant's knife had a fixed double-edge blade that
did not fold into handle." (1982)
- "Evidence that knife defendant was carrying was a paring
knife with a sharp point supported classification of knife
as bladed hand instrument readily capable of inflicting
serious physical injury or death by cutting or stabbing
person within meaning of... 571.010, and thus, issue of
whether defendant carried a 'knife' was properly submitted
to jury." (1986)
- "State trial court's admission of knife in prosecution...
over objection that it did not meet the statutory
definition of 'knife' did not violate any constitutional
right or deny due process..." (1992)
- "Butterknife used by defendant in burglary and attempted
forcible sodomy was 'dangerous instrument'..." (1993)
- "... steak knife was 'dangerous instrument' as employed by
defendant..." (1993)
- "This section prohibiting carrying concealed weapon
includes 'straight razor'..." (1977)
http://www.knife-expert.com updated 12/18/2004
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You know I'm wondering where knife law is toughest.
Don said:
I have often asked officer friendly if there were any "laws" about knives in collections. and the answer is that if a knife is in a collection then its alright to posess. excluding things like cane guns pen knives that cant be imported legally into calif, its when they are carried on the street does the legalities come into effect.
just use common sense .
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JAMES IVY said:
5 1/2 maximum blade length in Texas!And no BOWIE knives!!and there is no definition of what a Bowie Knife isSeems odd to me(6) "Illegal knife" means a:This is from Tennessee
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by being thrown;
(C) dagger, including but not limited to a dirk, stilletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
They didn't like people that AWED I guess ;)
http://www.guncite.com/court/state/37tn495.html
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No Bowies in Texas, are you kidding me!
Trent Rock said:
JAMES IVY said:
5 1/2 maximum blade length in Texas!And no BOWIE knives!!and there is no definition of what a Bowie Knife isSeems odd to me(6) "Illegal knife" means a:This is from Tennessee
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by being thrown;
(C) dagger, including but not limited to a dirk, stilletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
They didn't like people that AWED I guess ;)
http://www.guncite.com/court/state/37tn495.html
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The ATKI has it in their sights:
BOWIE KNIFE – It is the positionof AKTI that the term “BowieKnife” is too vague and cannot besatisfactorily defined with sufficientprecision. Accordingly, anylaw which provides an offense hasbeen committed by one who possessesor carries a “Bowie Knife”is constitutionally defective.
http://www.akti.org/file_download/6/AKTIDefinitions.pdf
Hog Hanner said:No Bowies in Texas, are you kidding me!
Trent Rock said:
JAMES IVY said:
5 1/2 maximum blade length in Texas!And no BOWIE knives!!and there is no definition of what a Bowie Knife isSeems odd to me(6) "Illegal knife" means a:This is from Tennessee
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by being thrown;
(C) dagger, including but not limited to a dirk, stilletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
They didn't like people that AWED I guess ;)
http://www.guncite.com/court/state/37tn495.html
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How can the term Bowie Knife be vague? I mean does anybody remember the Alamo? I mean anybody with even a small amount of knife knowledge, if you said Bowie, most would know exactly what it is.
Trent Rock said:
The ATKI has it in their sights:
BOWIE KNIFE – It is the positionof AKTI that the term “BowieKnife” is too vague and cannot besatisfactorily defined with sufficientprecision. Accordingly, anylaw which provides an offense hasbeen committed by one who possessesor carries a “Bowie Knife”is constitutionally defective.
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Most sounds like common sense, but I'd not like it if I couldn't have a good knife on me.
Ivars Duntavs said:
LATVIJA (LATVIA)
My country is Latvia. We don’t have a special knife law with legal knife type. You just must be 18 and older to buy and carry a knife legal! Of course if you are younger you can buy a knife, but if police catch you with knife in pocket YOU HAVE BIG PROBLEMS!!!
Of course you must remember simple, world knife law! Don’t take a knife with you to social events (concerts, night clubs, especially where security is on top and guard check pockets).
If you are a guest in my country, you can buy and carry a knife. But I have a couple recommendations for you! If you get with you, or buy a knife, stop your choice on gentleman knife with short blade, slip joint (without any back lock or ...) Something like Swiss army classic knives, something like middle or small stockman or whittler. If you go to drink with your friends, let knife at home or hotel. Dont make a problems for your self ;)
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Permalink Reply by John Otis Swatsell on
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James, I am not familiar with all the state statutes, but I just carry what I want to carry.
Guess ball point pens are dangerous too. :)
I have to share this one with you....
Over the holidays, I had some of the grand-babies with me at a Christmas affair.
They wanted some hot chocolate and some cinammon rolls. I took out a couple of the knives in my pocket, handed one to my wife and we began to cut up the rolls for the little babies. People around us looked at us funny. I had to laugh as my wife whittled away on the rolls. My 6 year old said, "Papa always has a knife, and that's good." ( she is 6 )
Ball Point Pens are dangerous too. ( LAUGH out LOUD )
JAMES IVY said:5 1/2 maximum blade length in Texas!
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Permalink Reply by J.J. Smith III on
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SOUTH CAROLINA:
Note that in south Carolina it is only illegal to carry a switchblade (concealed or openly). It is not illegal to possess one.
If you are going on school property in south Carolina you cannot carry any knife with a blade longer than 2 inches.
It is illegal to visibly display any knife during the commission of a violent crime in SC. (regardless of size)
South Carolina - 16-23-460. Carrying concealed weapons; forfeiture of weapons.
Any person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, must forfeit to the county, or, if convicted in a municipal court, to the municipality the concealed weapon, and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days. Nothing herein contained may be construed to apply to (1) persons carrying concealed weapons upon their own premises or pursuant to and in compliance with Article 4 of Chapter 31 of Title 23, or (2) peace officers in the actual discharge of their duties. The provisions of this section do not apply to rifles, shotguns, dirks, slingshots, metal knuckles, or razors unless they are used with the intent to commit a crime or in furtherance of a crime.
- 16-23-430. Carrying weapons on school property.
(1) It shall be unlawful for any person, except State, county or municipal law-enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms or any other type of weapon, device or object which may be used to inflict bodily injury or death.
(2) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest.
- 16-23-405. Definition of "weapon"; confiscation and disposition of weapons used in commission or in furtherance of crime.
(1) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, 'weapon' means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a knife with a blade over two inches long, a blackjack, a metal pipe or pole, or any other type of device or object which may be used to inflict bodily injury or death.
(2) A person convicted of a crime, in addition to a penalty, shall have a weapon used in the commission or in furtherance of the crime confiscated.
16-23-490. Additional punishment for possession of firearm or knife during commission of, or attempt to commit, violent crime.
(A) If a person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of a violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned five years, in addition to the punishment provided for the principal crime. This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.
(D) As used in this section... "knife" means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.
NOTE: Further restrictions are placed by individual Cities and Counties.Laws
- The law prohibits the act of carrying any knife of with a blade longer than 2 inches in length. In Charleston, Columbia, Greenville, Hanahan, Irmo and Moncks Corner, the blade can be 3 inches in length. In Tega Cay, South Carolina, the legal length of the blade changes to 4 inches.
South Carolina General Assembly
117th Session, 2007-2008AN ACT TO AMEND SECTION 16-23-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "WEAPON" AND THE HANDLING OF WEAPONS USED IN THE COMMISSION OF A CRIME, SO AS TO REMOVE "KNIFE WITH A BLADE OVER TWO INCHES LONG" FROM THE DEFINITION; TO AMEND SECTION 16-23-460, RELATING TO CARRYING CONCEALED WEAPONS, SO AS TO PROVIDE FOR THE EXCLUSION OF KNIVES WITHIN THE PURVIEW OF THE OFFENSE UNLESS THEY ARE USED WITH THE INTENT TO COMMIT A CRIME; TO AMEND SECTION 10-11-320, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OR DISCHARGING OF A FIREARM ON CAPITOL GROUNDS AND WITHIN THE CAPITOL BUILDING, SO AS TO PROVIDE AN EXCEPTION FOR A PERSON WHO POSSESSES A CONCEALABLE WEAPONS PERMIT AND WHO IS AUTHORIZED TO PARK ON THE CAPITOL GROUNDS OR THE GARAGE UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
Concealed weapons, definition amended
SECTION 1. Section 16-23-405 of the 1976 Code is amended to read:
"Section 16-23-405. (A) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, 'weapon' means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a blackjack, a metal pipe or pole, or any other type of device, or object which may be used to inflict bodily injury or death.
(B) A person convicted of a crime, in addition to a penalty, shall have a weapon used in the commission or in furtherance of the crime confiscated. Each weapon must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated weapon may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell pistols in this State for a pistol or other equipment approved by the agency, or destroy it. A weapon may not be disposed of until the results of all legal proceedings in which it may be involved are finally determined. A firearm seized by the State Law Enforcement Division may be kept by the division for use by its forensic laboratory."
SECTION 16-23-490. Additional punishment for possession of firearm or knife during commission of, or attempt to commit, violent crime.
(A) If a person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of a violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned five years, in addition to the punishment provided for the principal crime. This five year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.
(B) Service of the five year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may impose this mandatory five year sentence to run consecutively or concurrently.
(C) The person sentenced under this section is not eligible during this five year period for parole, work release, or extended work release. The five years may not be suspended and the person may not complete his term of imprisonment in less than five years pursuant to good time credits or work credits, but may earn credits during this period.
(D) As used in this section, “firearm” means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily be converted to expel a projectile; “knife” means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.
(E) The additional punishment may not be imposed unless the indictment alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays a knife during the commission of the violent crime and conviction was had upon this count in the indictment. The penalties prescribed in this section may not be imposed unless the person convicted was at the same time indicted and convicted of a violent crime as defined in Section 16-1-60.
Confused Yet? I am and I've lived here all my life.
(A337, R346, S968)
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Yeah, I would say I am and we only have reviewed a few!
J.J. Smith III said:
SOUTH CAROLINA:
Note that in south Carolina it is only illegal to carry a switchblade (concealed or openly). It is not illegal to possess one.
If you are going on school property in south Carolina you cannot carry any knife with a blade longer than 2 inches.
It is illegal to visibly display any knife during the commission of a violent crime in SC. (regardless of size)
South Carolina - 16-23-460. Carrying concealed weapons; forfeiture of weapons.
Any person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, must forfeit to the county, or, if convicted in a municipal court, to the municipality the concealed weapon, and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days. Nothing herein contained may be construed to apply to (1) persons carrying concealed weapons upon their own premises or pursuant to and in compliance with Article 4 of Chapter 31 of Title 23, or (2) peace officers in the actual discharge of their duties. The provisions of this section do not apply to rifles, shotguns, dirks, slingshots, metal knuckles, or razors unless they are used with the intent to commit a crime or in furtherance of a crime.
- 16-23-430. Carrying weapons on school property.
(1) It shall be unlawful for any person, except State, county or municipal law-enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms or any other type of weapon, device or object which may be used to inflict bodily injury or death.
(2) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest.
- 16-23-405. Definition of "weapon"; confiscation and disposition of weapons used in commission or in furtherance of crime.
(1) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, 'weapon' means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a knife with a blade over two inches long, a blackjack, a metal pipe or pole, or any other type of device or object which may be used to inflict bodily injury or death.
(2) A person convicted of a crime, in addition to a penalty, shall have a weapon used in the commission or in furtherance of the crime confiscated.
16-23-490. Additional punishment for possession of firearm or knife during commission of, or attempt to commit, violent crime.
(A) If a person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of a violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned five years, in addition to the punishment provided for the principal crime. This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.
(D) As used in this section... "knife" means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.
NOTE: Further restrictions are placed by individual Cities and Counties.Laws
- The law prohibits the act of carrying any knife of with a blade longer than 2 inches in length. In Charleston, Columbia, Greenville, Hanahan, Irmo and Moncks Corner, the blade can be 3 inches in length. In Tega Cay, South Carolina, the legal length of the blade changes to 4 inches.
South Carolina General Assembly
117th Session, 2007-2008AN ACT TO AMEND SECTION 16-23-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "WEAPON" AND THE HANDLING OF WEAPONS USED IN THE COMMISSION OF A CRIME, SO AS TO REMOVE "KNIFE WITH A BLADE OVER TWO INCHES LONG" FROM THE DEFINITION; TO AMEND SECTION 16-23-460, RELATING TO CARRYING CONCEALED WEAPONS, SO AS TO PROVIDE FOR THE EXCLUSION OF KNIVES WITHIN THE PURVIEW OF THE OFFENSE UNLESS THEY ARE USED WITH THE INTENT TO COMMIT A CRIME; TO AMEND SECTION 10-11-320, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OR DISCHARGING OF A FIREARM ON CAPITOL GROUNDS AND WITHIN THE CAPITOL BUILDING, SO AS TO PROVIDE AN EXCEPTION FOR A PERSON WHO POSSESSES A CONCEALABLE WEAPONS PERMIT AND WHO IS AUTHORIZED TO PARK ON THE CAPITOL GROUNDS OR THE GARAGE UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
Concealed weapons, definition amended
SECTION 1. Section 16-23-405 of the 1976 Code is amended to read:
"Section 16-23-405. (A) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, 'weapon' means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a blackjack, a metal pipe or pole, or any other type of device, or object which may be used to inflict bodily injury or death.
(B) A person convicted of a crime, in addition to a penalty, shall have a weapon used in the commission or in furtherance of the crime confiscated. Each weapon must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated weapon may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell pistols in this State for a pistol or other equipment approved by the agency, or destroy it. A weapon may not be disposed of until the results of all legal proceedings in which it may be involved are finally determined. A firearm seized by the State Law Enforcement Division may be kept by the division for use by its forensic laboratory."
SECTION 16-23-490. Additional punishment for possession of firearm or knife during commission of, or attempt to commit, violent crime.
(A) If a person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of a violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned five years, in addition to the punishment provided for the principal crime. This five year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.
(B) Service of the five year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may impose this mandatory five year sentence to run consecutively or concurrently.
(C) The person sentenced under this section is not eligible during this five year period for parole, work release, or extended work release. The five years may not be suspended and the person may not complete his term of imprisonment in less than five years pursuant to good time credits or work credits, but may earn credits during this period.
(D) As used in this section, “firearm” means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily be converted to expel a projectile; “knife” means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.
(E) The additional punishment may not be imposed unless the indictment alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays a knife during the commission of the violent crime and conviction was had upon this count in the indictment. The penalties prescribed in this section may not be imposed unless the person convicted was at the same time indicted and convicted of a violent crime as defined in Section 16-1-60.
Confused Yet? I am and I've lived here all my life.
(A337, R346, S968)
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No question, the laws surrounding knives are confusing and have many layers. How prepared are we should these laws be enforced. Looking for comments from more countries and more states. (You don't have to post a flag picture or the laws if you just know what the law is. lol) Thanks for the help and digging through some of the detail to help us understand
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