Quick Legal Facts
Statewide Preemption:
No
Concealed Carry:
The concealed carry law contains an exception for “an ordinary pocket knife”.
Minors:
It is unlawful to sell or furnish a “bowie knife” or “dirk” to a minor.
Schools:
Knives may not be possessed openly or concealed on school grounds.
Critical Dimensions:
None noted.
Restricted Knives:
“Ballistic knives” are forbidden. It is unlawful for anyone, including police officers, to manufacture, sell, possess or carry any “ballistic knife.” There is a narrow exception whereby law enforcement officials may possess such knives for evidentiary or training purposes.
North Carolina law, 14-269, restricts the concealed carry of any bowie knife, dirk, dagger, razor, or “other deadly weapon of like kind,” except when one is on his own premises. There is an “ordinary pocketknife” exception that does not extend to some location-based restrictions such as schools.
Relevant Statutes:
14-269. Carrying concealed weapons
14-269.1. Confiscation and disposition of deadly weapons
14-269.2. Weapons on campus or other educational property
14.269.3 Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed (does not apply to knives).
14-269.4. Weapons on certain State property and in courthouses
14-269.6. Possession and sale of spring-loaded projectile knives prohibited
14-277.2. Weapons at parades, etc., prohibited
14-415.12 Criteria to qualify for the issuance of a permit
14-415.18 Revocation or suspension of permit
Statewide Preemption:
No.
Restrictions on Sale or Transfer:
It is unlawful to sell or furnish a “bowie knife” or “dirk” to a minor 14-315. It is also illegal to sell or transfer a ballistic knife to anyone.
Concealed Carry:
Open carry is lawful for all knives. Concealed carry for any bowie knife, dirk, dagger, or razor is unlawful. It is uncertain whether non-ordinary pocket knives – pocket knives that are not within the statutory definition – are similarly restricted.
Restrictions on Carry in Specific Locations/Circumstances:
It is unlawful to possess or carry, openly or concealed, any bowie knife, switchblade, dirk, dagger or other pointed or sharp-edged instrument on school property. It is also unlawful to cause, encourage, or aid any minor to do so. School property includes K-University, and trade schools. 14-269.2 This same class of knives may not be possessed by spectators or persons participating in any parade, funeral procession, picket line, or demonstration upon any private health care facility or on public property.
It is lawful to possess an “ordinary” pocketknife in the State Capitol Building or the grounds thereof. All weapons are prohibited from the state Executive Mansion and most other government buildings, including court facilities. 14-269.4.
- Ordinary PocketKnife
Subpart (d) of 14-269 it reads:
This section does not apply to an ordinary pocket knife carried in a closed position. As used in this section, “ordinary pocket knife” means a small knife, designed for carrying in a pocket or purse, that has its cutting edge and point entirely enclosed by its handle, and that may not be opened by a throwing, explosive, or spring action.
- 14-269
Subpart (a) of 14-269 describes the knives and other non-firearm weapons that may not be carried in a concealed manner. It provides:
It shall be unlawful for any person willfully and intentionally to carry concealed about his or her person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shuriken, stun gun, or other deadly weapon of like kind, except when the person is on the person’s own premises.
Although the caption refers to “carrying,” it is not necessary that the weapon is on the person, but rather about the person and close enough for ready access. For persons occupying a motor vehicle, a handgun under the driver’s seat is sufficiently close. A weapon out of immediate reach of the driver is generally not considered “concealed about the person.” In the case of State v Soles, 662 S.E.2d 564 (2008), the North Carolina Supreme Court addressed the issue of proximity of the weapon. The defendant, a convicted felon, was driving a van when stopped by a law enforcement officer who found a loaded handgun concealed in a backpack in the rear of the van. The defendant was charged and convicted of being a felon in possession of a firearm and for carrying a concealed weapon. The Court noted that there was no evidence indicating that the driver had ready access to the handgun and reversed the concealed weapon conviction.
This same reasoning and standard would apply to a knife. Essentially, concealed about the person means hidden from the view of others in such a way that it may be quickly used if prompted by a violent motive. State v Hill, 741 S.E.2d 911 (2013).
- 14-269.4 (5) State-Owned Highway Rest Stops
Across the country, rest stops along the Interstate highway network have been attractive locations where criminals can prey upon vulnerable travelers. The North Carolina legislature has wisely allowed people to protect themselves better and to discourage criminals by allowing possession of weapons, openly or concealed, at state-owned rest areas and rest stops along the highways. The allowance of concealed carry discourages those who might waylay by creating the uncertainty that random victims might be armed. It is somewhat the opposite of a gun-free zone /weapon-free zone where a criminal has little fear of armed opposition.
- Law Enforcement and Military
14-269 (b) (5-9) There are additional qualified or limited exceptions for state or local employees or officers of the judicial system, including law enforcement and corrections officers and off-duty law enforcement and probation officers.
- Consequences
It is a Class 2 misdemeanor to violate the restriction 14-269 (a) by carrying a concealed bowie knife, dirk, dagger, or razor. The maximum first violation punishment is a fine in an amount of up to $1,000 and up to 60 days jail time. Violations of the location/circumstance prohibitions are Class 1 misdemeanors punishable by a fine deemed appropriate by the judge and up to 120 days jail time for first-time offenders.
14-269.1 requires that the weapon be “confiscated and disposed of upon conviction under the concealed carry prohibition statute.” The presiding judge may select from among several options, none of which allow the return of the weapon to the defendant.
14-415.12 (a)(3) provides that upon a conviction, the individual becomes ineligible to apply for Concealed Carry Handgun Permit during a 3-year period beginning on the date of conviction. If the defendant holds a permit at the time of conviction, it may be revoked by the sheriff of the county that issued the permit.
