Current GA Knife law

jharpphoto

jharpphoto

Joined
Jan 22, 2011
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I have a Microtech Scarab Automatic OTF and a 4.25" fixed blade that I would like to carry concealed. Under current Ga law is it legal for me to carry these blades concealed? I have a Georgia Weapons License if that makes a difference. I know these threads don't often get may reply's but any info that would keep me out of jail would be most appreciated.
 
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I'm a Georgia resident. My edc is a folding 4.25 blade. It's my understanding on the current state law, you may carry conceal any blade under 5 inches. Any blade over 5 inches needs a carry permit.
 
just edited my post to include the "automatic OTF" feature of the Microtech knife. So even an auto is legal to carry concealed?
 
I don't think it's legal to carry auto blades of any length in GA. Although some counties allow it. It's not GA's say on what the county decides so you'll probably have to holler at a local LEO or somebody through the court. Rural area? Don't worry.. Cities? Don't even pretend to think about it.
 
TheKallumS said:
I don't think it's legal to carry auto blades of any length in GA. Although some counties allow it. It's not GA's say on what the county decides so you'll probably have to holler at a local LEO or somebody through the court. Rural area? Don't worry.. Cities? Don't even pretend to think about it.
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This doesn't sound right. I thought there was a new preemption on the books that prevented local ordinances from infringing on GA state knife law. Someone correct me if that isn't so.
 
http://www.handgunlaw.us/documents/USKnife.pdf

Georgia's cities are listed on pages 5 and 6, which by the state laws, most still stand...

Page 5 quotes, "requires a carry permit to carry in public, openly or concealed, knives with blades over five inches.
SB432 Preempts all Local Ord on Knifes and they can be no more stringent than state law. Effectiev 7/1/2012
Leaving the below listed old ordinances that no longer as state has preempted all of these unless the same as the states."
 
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Thanks for the link, but I'm still unclear. Is it legal for Me to carry concealed an auto knife and fixed blade of 4.25" w/ my GWL?
 
jharpphoto said:
Thanks for the link, but I'm still unclear. Is it legal for Me to carry concealed an auto knife and fixed blade of 4.25" w/ my GWL?
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As I am not sure of the laws in your county, I can't say. It does, however, say "project" on some of the city laws on that page which translate late to auto knives. Most were under 3" so being 4.25" might be overkill, but I don't see it being a problem unless start poking people or start ejecting it on the bus.
 
Technically preemption means his county no longer matters. As that link states, SB432 invalidates all of those local laws, and the note says they only left them there to show some history.

That means only state law applies. The most current official statutes at http://www.lexisnexis.com/hottopics/gacode/ (as opposed to the handgunlaw.us which is third-party interpretation) are as follows, redacted for brevity:

§ 16-11-125.1. Definitions
As used in this part, the term:
(2) "Knife" means a cutting instrument designed for the purpose of offense and defense consisting of a blade that is greater than five inches in length which is fastened to a handle.
(3) "License holder" means a person who holds a valid weapons carry license.
(5) "Weapon" means a knife or handgun.
(6) "Weapons carry license" or "license" means a license issued pursuant to Code Section 16-11-129.
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§ 16-11-126. Having or carrying handguns, long guns, or other weapons; license requirement; exceptions for homes, motor vehicles, and other locations and conditions; penalties for violations

(h) (1) No person shall carry a weapon without a valid weapons carry license unless he or she meets one of the exceptions to having such license as provided in subsections (a) through (g) of this Code section.
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Conspicuously absent is any mention of switchblades (or any other mechanism for that matter). Blade length is the sole criteria, being folder, fixed, balisong or auto. It should be noted that the law doesn't care if it's concealed or not; if it's illegal to carry, it's illegal to carry period. If you have a weapon carry license, you can carry anything.
 
glistam said:
Technically preemption means his county no longer matters. As that link states, SB432 invalidates all of those local laws, and the note says they only left them there to show some history.

That means only state law applies. The most current official statutes at http://www.lexisnexis.com/hottopics/gacode/ (as opposed to the handgunlaw.us which is third-party interpretation) are as follows, redacted for brevity:





Conspicuously absent is any mention of switchblades (or any other mechanism for that matter). Blade length is the sole criteria, being folder, fixed, balisong or auto. It should be noted that the law doesn't care if it's concealed or not; if it's illegal to carry, it's illegal to carry period. If you have a weapon carry license, you can carry anything.
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WOO HOO! finally my Microtech can come out of its den in my safe and ride where it rightfully belongs in my pocket. Thanks for clearing that up and giving me a concise and definitive answer.
 
I was doing a little bit of research tonight to find this, http://www.georgiapacking.org/law.php any knife of 5" or under. Why the hell are they so vague?! I also read this, "Knife Preemption Counties, municipalities, and consolidated governments cannot regulate the possession, manufacture, sale, or transfer of a knife or any cutting instrument with a blade, unless it is in regards to a courthouse or government building. (Effective July 1st, 2012, 16-11-136.)." They really need to have clear identification on our laws.. Any knife with a blade 5 inches and under, except those used for offense and defense, is legal to carry in the state of Georgia.
 
OK so I can not carry a knife used for offense/defense at all? Or can I carry an auto knife for offense/ defense with my GWL?
 
jharpphoto said:
OK so I can not carry a knife used for offense/defense at all? Or can I carry an auto knife for offense/ defense with my GWL?
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No, it is only illegal to carry a knife that is both greater than 5 inches long and designed for the purpose of offense and defense. If it is only one or the other, it is not illegal. So for example a mean looking dagger with a 4.5 inch blade is legal, and a 10" long Yanagi ba carried in a holster by a Hibachi chef is legal (because is designed for cooking, not fighting).
 
Wow, I didn't know there were so many restrictions. I have an Ontario Marine Spec Plus with a blade about 6 inches long. And my CS SRK is about 5 in. long. So it sounds like I can't carry either of these knives.
 
GeorgiaHunter said:
Wow, I didn't know there were so many restrictions. I have an Ontario Marine Spec Plus with a blade about 6 inches long. And my CS SRK is about 5 in. long. So it sounds like I can't carry either of these knives.
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If you have a gwl, you're fine with either. If not, you're definitely not ok on the Ontario, but you might be on the CS. The knife laws here in Georgia are very simple now.
 
The law in GA is any blade over 3" is illegal but all officers i have talked to have said that basically you will never be charged for a knife over 3".
 
alexhayn said:
The law in GA is any blade over 3" is illegal but all officers i have talked to have said that basically you will never be charged for a knife over 3".
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This is incorrect. There used to be a 3" blade restriction in Atlanta (that was rarely/ never enforced) but that has been knocked down by state law. Now the blade length limit is 5" statewide. Carry what you want, the cops don't give a fig unless you're doing something else that you shouldn't be doing. I love Georgia! :D Carrying a loaded gun in your glovebox is A-OK too, no permit required. :thumbup:
 
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