One of the more contentious legal issues that can trip up a good citizen is the complex web of knife laws.

What makes the subject so confounding is that almost every jurisdiction has its own laws. In some parts of the country you can walk around with a 16 inch Bowie knife strapped to your hip. In other areas, if a LEO (law enforcement officer) notices the typical knife pocket clip protruding from your clothing you will most likely be arrested and charged with carrying a concealed weapon.

Doesn’t matter if the blade is only 2 in. in length; your life is about to take a bad turn. Time, money, legal jeopardy will become an unexpected drain on your emotions, your wallet, and potentially your personal freedom. (I recommend you never carry a knife in New York.)

Why would a LEO spend time arresting a good citizen minding his own business carrying an inoffensive knife? Maybe he is in a bad mood, had an argument with his wife. More likely he wants his superiors to know he is on the job, active, building his arrest record. But the reason won’t much matter as you are cuffed and placed in a squad car. “Watch your head.”

Bottom line: If you carry a knife on a regular basis find out your local laws. It’s not a bad idea to copy and carry those regulations with you, perhaps in your car, to politely show an aggressive LEO.

Know the length of your blade. This is usually specified in the ordinances. In many jurisdictions it is 4 in. But increasingly 3 inches is being specified or, at best,under 4 inches. Many knives have a small section of steel that has no edge. It is called the ricasso. It is between the cutting edge and the handle. Do you measure blade length based on the cutting edge, or do you include the ricasso going right up against the handle? Do the latter. Some jurisdictions include the ricasso some do not. Use a tape measure. Know what you are carrying. Measuring blade length right up against the handle eliminates debates.

If ever a police officer approaches you and says something like,”Excuse me sir, do you mind if I talk with you for a minute?” Think about how to answer that question. It’s trickier than you may imagine. If you say, “Sure officer.” You have just given your CONSENT to be interrogated. The officer is on a fishing expedition, and you are the trout.

If the officer had probable cause he would simply stop you and begin his investigation. Seeking your consent means he has a suspicion but no probable cause for stopping you. He needs your consent. It is your decision, but if you agree you are hooked. My response would be, “I’m sorry officer but I’m running late.” And I would keep walking.

What if you do that and the LEO tells you to stop? Then stop. Always comply with his directives. Compliance is not giving consent. Early on I would ask why he has stopped me; being sure to remember his answer. Further, if he asks you if you are carrying a weapon the response should be something like, “No officer, no weapons. I do have a pocket knife in my right rear pocket.”

Think about what you will tell a LEO as to the reason for the knife. NEVER say you carry it for self defense. In some places this is clearly illegal and everywhere,it will be argued, shows an aggressive temperament. I use mine to open mail, packages, slice a piece of cheese etc.

Whether you are on the street or in your car, if an officer asks your permission to conduct a search it is easy to refuse. Simply say in a polite but firm manner, “I do not give my consent. If you search it will be without my consent.” He knows that, without probable cause, if he searches and finds something illegal it probably won’t be admitted in court.

Do not get into lengthy conversations with law enforcement. You do have the right to remain silent.

Finally, understand that I am not a lawyer. The above opinions are based on what I have learned in the state of California. But ordinances and laws continually change. It is your responsibility to stay current with the ever changing knife laws in your jurisdiction.

I am a civilian employee of a police agency. I know many LEOs. Most are solid, reasonable people. But there are always a few stinkers. Don’t help them make your life any harder than it already is. Carry safely;carry legally.
By the way, if your carry knife has a black blade stamped with the name “Back Ally Terminator”, or something similar, lots of luck.

– Quick Steel

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