North Carolina Knife Carry Law Primer
The primary laws regulating the possession and carrying of knives in North Carolina are found in General Statutes: Chapter 14: Criminal Law, Article 10A Weapons and Article 10B. The statutes apply to swords and daggers. There are exceptions for police officers.
The prohibition against carry of a concealed weapon is found in N.C. Gen. Stat. § 14-269(a) which provides: "A person commits the offense of carrying a concealed weapon if, while off his own premises… he…carries concealed about his person any…bulky…tackle…or instrumentality in the nature of a weapon….."
The statute is similar to the concealed handgun laws (N.C. Gen. Stat. § 14-415.11) except that a concealed carry permit is not needed under either statute to carry a handgun or knife unconcealed.
General Statute § 14-269(a) prohibits the carry of a concealed weapon except where "being outside of the State" or "except as provided in Article 52 of this Chapter, by a person who has obtained a permit under Article 54 of this Chapter." Article 52 covers permits to carry a concealed handgun. Article 54 covers special permits issued by the Governor for the carry of a pistol or revolver .
General Statute § 14-269(b) exempts swords and daggers from the definition of prohibited concealed weapon:
"(b) This Section shall not apply to the carrying of a bookbag, handbag, backpack, fanny pack, diaper bag, purse, tote bag, duffle bag, briefcase, athletic bag, gym bag, laptop computer bag, travel bag or other similar article, which selected article does not have a controlled opening. In addition, this Section shall not apply to the following persons on either public or private educational property: … (3) Students in grades four and 12, or the equivalent ungraded level, who use an instructional resource containing a folding pocket knife, as defined in G.S. 14-316. Nothing in this subsection shall authorize or permit any person to retain a dangerous weapon as defined in G.S. 14-269.2(c)(1) or a firearm on any educational property.
General Statute § 14-269.2(a) provides that it is an offense to possess a dangerous weapon on educational property or at an activity sponsored by a school, including a non-public school or community college. General Statute § 14-269.2(b) states that no person shall "go armed to the teeth" while in a parade or procession led by law enforcement officials or while acting pursuant to a special permit from the Governor.
General Statute § 14-269.3(c) defines a dangerous weapon. It is an extra long list of knives.
State Regulated Knives
In North Carolina, a knife is defined as a "bladed hand instrument that is carried or used for cutting or thrusting." Knife carry laws are governed by North Carolina state law as well as local ordinances.
Epoch Times reports that in 2018, Morganton passed a city ordinance making it illegal to "carry a concealed Bowie knife, dirk, dagger, slingshot, switchblade, or any undescribed instrument customarily known as a slungshot," according to WLOS. Local ordinances like this were enacted in 2012 by the General Assembly as a confusing loophole to a previous law making these knives legal. The loophole made it so that some municipalities and counties were protecting their own meat and cultural traditions by banning knives. However, the loophole for these local ordinances was closed in December 2018, meaning that these types of knives are now legal to carry in all places in North Carolina, with a few exceptions. The purpose behind North Carolina knife law is to prevent very dangerous knives, like switchblades, from being carried. A switchblade is any type of knife that has a blade which opens automatically by hand pressure applied to a button, pressure on the handguard, or any other mechanical contrivance. Knives that open with gravity or centrifugal force are not restricted by North Carolina knife law. Another knife that is prohibited by law in North Carolina is a ballistic knife, which is a knife that uses a detachable blade or a similar ejectable projectile that is operated by a spring-loaded mechanism or otherwise. Besides these restricted knife types, any type of knife can be legally carried in public in North Carolina. This includes common knives like pocket knives, folding knives, and even butterfly knives, because they do not fall under the state’s definition of "dirk" or "dagger."
Concealed Carry of Knives
It is against the law to conceal most knives in North Carolina. Unless a knife is considered a "bowie knife" or a "dirk", it may only be transported in a closed position (within a sheath) and then only, by a person who is legally permitted to carry a firearm. G.S. 14-269(a); G.S. 14-269.2; G.S. 14-269.2.
However, persons with a concealed carry permit are exempt from this prohibition. In other words, persons who are legally permitted to carry a firearm, are also permitted to carry most knives concealed. G.S. 14-269.2.
There is one interesting caveat. Using a knife as a weapon is not legally considered to be carrying a concealed weapon. Specifically, G.S. §14-269.2 provides:
"Any person who goes armed with a concealed bowie knife, dirk, dagger, or other deadly weapon of like kind, shall be guilty of a Class 1 misdemeanor; unless in the course of committing or attempting to commit a crime against the person or property of another, he uses such weapon against such person, or has it in such position as to readily indicate intention to do so; in which case he shall be guilty of a Class H felony".
What determines whether the meaning of "other deadly weapon of like kind", as used in the statute, is broad enough to include any knife/weapon, or limited to "dirk, dagger, or bowie knife"? The statutes do not define "like kind". In fact, there is no North Carolina case law ever defining "like kind".
However, in the section of Article 8 of Chapter 14 entitled "Crimes Against Public Safety" (of which G.S. 14-269.2 is a part), the terms "like kind" and "deadly weapons of like kind" appear in only 3 other sections. Looking at all of the relevant statutes together, it appears that "other deadly weapons of like kind" clearly refers only to "dirk, dagger or bowie knife", or *knife-like weapons like dirk, dagger, or bowie knife".
Open Carry of Knives
In North Carolina, open carry refers to the carrying of a knife in a sheath or the carrying of any other weapon on or about the person that is visible to a person of ordinary perception. G.S. 14-269(d). For purposes of open carry law, a knife is defined as either a dagger, dirk, or switchblade with a blade that measures greater than three inches, a bowie knife, a sling shot, a sand club, a metal knuckles, or a leaded cane. G.S. 14-269(a). Many people also associate the term open carry with the open carry laws pertaining to firearms.
While open carry of knives is indeed permitted and lawful, the law does prohibit the possession of many knives in such a manner: To clarify, you may possess and open carry a dirk knife, a dagger, a bowie knife, a switchblade knife, a stiletto knife, a crucifix knife or any other kind of knife that has a blade measuring greater than three inches in length, unless the carrying of such knife may be construed as being carried in a manner to cause alarm to persons lawfully in any place where they have a right to be.
Knives and Schools and Government Buildings
In North Carolina, restrictions apply to the possession of knives on school campuses and in government buildings. While state law is vague on these rules, most school districts now employ "zero tolerance" policies that forbid the possession or use of any weapons, including knives, on school campuses. Violators typically face long-term suspension. In some instances, transfer to an alternative school or expulsion may be considered.
The general prohibition applies to all types of knives, including common camping knives or keychain knives. Knife clubs or hunting knife clubs are categorically banned. Pocket knives, including Swiss Army Knives, are also banned on school property .
North Carolina state law also forbids the possession, storage, or transportation of knives in state or local government buildings. Individuals who violate this ban may face misdemeanor criminal charges with penalties that vary depending on whether the knife is deemed a "bowie knife," a "dirk," or a "dagger." Bowies and dirks are generally large or "capital" knives. A dagger is a knife used or intended to be used as a weapon with a blade that is at least four inches long and two inches wide at the widest point. Prosecutors may also pursue charges for possession of knives that fall into a separate category of "other dangerous weapons."
Penalties for Knife Carry Violations
Violating the knife carry laws can result in a criminal misdemeanor or felony conviction depending on the type of weapon being carried, what is concealed and the type of commission of the crime.
Generally, unless otherwise provided in the chapter with respect to the particular crime, any person violating any statute for which a different punishment is not prescribed shall be guilty of a Class 2 misdemeanor. A Class 2 misdemeanor is some way is the least amount of punishment to being arrested and put in jail. Under North Carolina General Statute 14-318.1, a person shall be guilty of a Class 1 felony if he re-designs or re-finish knives or other hand weapon which are prohibited by G.S. 14-269 or 14 – 270 b at his place of business, factory, or business establishment, and sells them there. The only time a violation will be a felony is when you are registered as a manufacturer or wholesaler of knives under G.S.14 ‑269 or 14 ‑270 b and they sell them from your business. Of course there are many more restrictions in this area so it is worth considering hiring a criminal defense lawyer if you find you have fallen into one of these traps.
Recent Developments and Proposed Changes
A series of gradual changes occurred during the 2015-2016 legislative session that provided increased clarity as well as some inconsistency in the State’s approach to knives. On June 7, 2015, Governor Pat McCrory signed into law HB 562, commonly referred to as the "Omnibus Gun Bill" or simply "HB 562." Although it was not a knife bill, the law was an effort to clarify and unify North Carolina’s laws governing the carrying of firearms, several aspects of which applied to knives. For example, we previously explained the problems with the interpretation of a "hidden" knife, and HB 562 modified the definition of a "concealed weapon," from which a "dangerous weapon" is defined. HB 562 also weakened the State’s strong pre-emption law, which precludes local governments from regulating the carrying of "weapons."
Questionable appropriations language in the 2015-2016 budget bill—the "Continuing Resolution"—further complicated our examination of North Carolina’s knife laws. Among other things, the Continuing Resolution banned the re-issue of concealed carry permits to people for whom permits had been previously approved. This affected not just permits to carry pistols and revolvers, but also those for the carry of concealed deadly weapons other than pistols or revolvers.
A bill to clarify the carry of knives—and potentially to broaden the definition of what is considered to be a switchblade—was quietly introduced in the House shortly before the General Assembly adjourned. Although it failed after being shelved in several committees, it is worth noting that HB 1036, entitled the "Regulate Switchblade Knife Amend NC Constitution," was sponsored by Representatives McNeill and Speciale. Assuming his bill have received more support, McNeill’s proposal would have amended G.S. 14-269 to expand the definition of a switchblade knife to include knives equipped with springs, lanyard rings, or clasps, regardless of whether the knife emitted a blade when propelled by **a spring** or otherwise. Such an amendment to the statute would have cut back on the Court of Appeals’ expansive view of weapons and knives.
Senate Bill 502 sought to prohibit the discharge of deadly weapons in certain areas and regulate the possession of dangerous weapons within the City of New Bern. The bill was introduced in March 2015, and then referred to committee. It has received no action or notice since that time.
There may be additional knife bills in the 2017-2018 session.
Tips for Knife Carry
When it comes to knife carry (and all carry for that matter) a good rule of thumb is when in doubt carry it in the trunk of your car. I know that sounds extreme but it protects you and cuts out ambiguity. It also absolves you from needing to be able to justify why you need to carry a certain knife for a specific purpose or job.
Here are some other practical tips for knife owners in North Carolina to ensure compliance with current laws (at least for that moment in time): Be certain what you are looking at actually IS the current applicable law. A quick and easy way to do this is to read my blog, as I have done my level best to provide links over time to the pertinent statutory sections. Another good source for North Carolinians is the North Carolina General Assembly website. Even better, do both! They both have their risks and strengths but two sources are always better than one. Be careful how you describe a knife . In the Title of a Deadly Weapon is defined as a weapon which uses a sharp blade or other sharp instrument. So the phrase "sharp blade or other sharp instrument" could be construed to cover whatever you describe it as, e.g., a "pitchfork" or "slingshot." If you think this may apply, state that it is the legally defined term of art that means whatever your kid thought looked like a slingshot or pitchfork. Additionally, there is an argument that even if it is a normal object of daily life that is sharp, the term "deadly" must be read in conjunction with NC General Statute 14-269 and what is embedded with the term deadly weapon therein. And this says that what would cause serious injury or death must also be present. If you are in doubt, put it in the truck of your car. If you are in North Carolina use North Carolina Ordnance. If you are in another state use theirs. Look here for a link to find yours. If still in doubt, what does preemption mean? See this post.