Quick Legal Facts
Statewide Preemption:
No.
Concealed Carry:
Intentional concealment of automatic knives is prohibited.
Minors:
No restrictions.
Schools:
Knives may not be carried on school property including schools buses or at school functions.
Major Cities with Knife Ordinances:
Baton Rouge, New Orleans, Shreveport
Restricted Knives:
None.
Louisiana law prohibits “the intentional concealment on one’s person of any ‘switchblade knife’ ”. 14:95 This prohibition does not apply to assisted opening, gravity, or other one-hand openable knives.
Relevant Statutes:
14:94. Illegal use of weapons or dangerous instrumentalities
14:95. Illegal carrying of weapons
14:95.1. Possession of firearm or carrying concealed weapon by a person convicted of certain felonies
14:95.2. Carrying a firearm or dangerous weapon by a student or nonstudent on school property, at school-sponsored functions, or in a firearm-free zone
14:95.10. Possession of a firearm or carrying of a concealed weapon by a person convicted of domestic abuse battery and certain offenses of battery of a dating partner
Statewide Preemption:
No.
Restrictions on Sale or Transfer:
None.
Concealed Carry:
There is no issue as to open or concealed carry of knives, except for automatic knives which may not be intentionally concealed ‘on one’s person’.
Restrictions on Carry in Specific Locations/Circumstances:
Knives may not be carried on the property of elementary, secondary, high schools, or vocational-technical schools. This restriction also applies to school buses and school functions/activities.
Major Louisiana Cities with Knife Restrictive Ordinances:
Baton Rouge – 13:95, Prohibits the manufacture, ownership, possession, custody or use of any switchblade.
New Orleans – 54-342, Prohibits, among other things, possession and carry of any switchblade, Prohibits possession of weapons at demonstrations.
Shreveport – 50-135.2, Prohibits possession of weapons at government facilities and facilities owned by the City.
- Statewide Preemption:
Louisiana law allows municipalities considerable latitude with respect to local governance. Section 14:95 (F) expressly provides that convictions for violating such local laws may apply for purposes of repeat offender sentencing:
For purposes of determining whether a defendant has a prior conviction for a violation of this Section, a conviction pursuant to this Section or a conviction pursuant to an ordinance of a local governmental subdivision of this state which contains the elements provided for in Subsection A of this Section shall constitute a prior conviction.
- Automatic Knives
(Bias Toward Closure)
In May of 2012 an amendment to the Louisiana law was initiated into 14:95 and clarified that various one-hand operable knives could be legally owned and carried in that state. This amendment remains as sub-part (4) (b). Thus, there is no issue with respect to ‘assisted opening’ knives or other types using a thumb stud or declivity to enable one-hand use.
(Intentional Concealment)
In August of 2018, another amendment to 14:95 removed the prohibition on the possession or use of ‘switchblade’ knives, and allows such knives to be carried except when the knife is intentionally concealed. There has not been appeal court-level consideration of this amendment since it became effective. Fortunately, there is guidance from the Louisiana Supreme Court which has arisen from several cases involving the application of the same intentional concealment standard to handguns.
State v. Fluker, 311 So 2d 863 (1975) and State v Bowen, 376 So2d 147 (1979).
- Law Enforcement and Military
While there is a law enforcement exception in 14:95 for law enforcement personnel, that exception does not apply to automatic knives. Accordingly, law enforcement personnel including sheriffs, sheriff’s deputies, state, and local police may not carry automatic knives intentionally concealed.