Is Carrying a Knife for Self-Defense, Illegal or Legal?

Nusantara

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Okay, I've done lots of research online - and still can't get a cut, clear and "sharp" answer. Can you carry a knife for the sole purposes of using it, obviously as a last resort in a life-threatening situation (and not getting into knife fights)?

I've read on my research, that many state legislatures will see that as you wanting to premeditatedly kill somebody.

In my state, Indiana, it's legal to carry concealed or open, anything that's not a ninja star or ballistic, we don't have preemption laws either. I'm still trying to find out, that even if my USMC Ka-Bar or Ontario SP-1 is legal to carry on both state and local levels, if self-defense and self-protection would be an accepted answer if ever questioned by a police officer.
 
Regulations for carrying knives (or purpose built weapons) vary from one jurisdiction to the next. Be advised that if you do pull out a knife and injure or kill another person, serious legal consequences will inevitably ensue.

I would recommend contacting your local police department to inquire further.
 
Lawyers exist for a reason. Because despite how smart or how much anyone here knows, there's no one that will be able to give the peace of mind, or have knowledge of local laws or case law like a lawyer.

If you tell us specifically where you live we might be able to help.

If you don't, we definitely cannot.

Cops, locals- basically, anyone but a lawyer will NOT know- because it's not their business. Law is complex. Only experts can say for *sure*. The best we can give is an educated guess.

Zero
 
I would never ask a police officer if it's legal to carry a knife. You might very easily get the "cop's answer", as in- what the cop believes, or what he wants you to do, rather than what the law actually says.

It's very simple- imagine you ask a cop "Is it alright for me to carry XYZ?". And the cop says "No", not because it's illegal to carry XYZ, but because the cop doesn't want you to carry XYZ. And if you base your desicion whether or not to carry XYZ on the word of that cop, you might be depriving yourself of your legal right to carry XYZ just because the cop doesn't want you to carry it.

An attorney who is truly knowledgeable of your local weapons laws is your best bet. But even laywers can be wrong, or they can have their own agendas. Over the years my attorney has told me stories of lawyers who are anti-gun and who will not only give inaccurate advice to clients to prevent them from owning or acquiring guns, but they will also interfere with their clients getting their legally owned guns back after they have been confiscated.

Lawyers are not immune from having their own strongly held opinions regarding weapons, and the people who possess them. And they are certainly not above serving their own agendas. When the client doesn't know the law, it's very easy for them to be taken advantage of and lied to by their attorney without even knowing it. You pay a lawyer thinking that they are working for you and have your best interests at heart and that they will do everything they can to get you what you want, but the reality is that lawyers are people first, and lawyers second, and they will often screw their clients over to serve their own agendas. I've certainly had that experience with a previous attorney.

Man, you don't want to get me started on bad lawyers and how many ways they can screw over their own clients.

As far as laws regarding the carrying of knives for self-defense, there are jurisdictions in the US where the law specifically says that you can't carry knives as weapons (and that includes self-defense). And in some jurisdictions the laws are a bit vague. When in doubt about the law, err on the side of STAYING OUT OF JAIL. There's really no reason why you should tell a cop that you are carrying a knife for self-defense. Regardless of the type of knife it is, just say that you are carrying it to cut stuff. After all, it's not like the cops can read your mind. And if you occasionally do use it to cut stuff, then you won't be lying.

Here in California it's not illegal to carry certain knives as weapons, because the law already defines them as weapons, but does not forbid carrying them. For example- under CA state law, any pointed fixed-blade is defined as a "stabbing weapon", but it's perfectly legal to carry pointed fixed-blades as long as they are carried openly. That means it's legal to openly carry a "stabbing weapon".

But I still would never refer to my fixed-blade as a "weapon" when talking to the cops. As my attorney explained it to me- even though it's not a crime in this state to say that you are carrying a knife for self-defense, or for use as a weapon, if you were arrested on other charges you wouldn't want to find yourself in court, with a cop on the stand telling the jury that you admitted to carrying a knife as a weapon. Because even though it's legal, it's something that can be used to make you look very bad in the eyes of the jury.

On the other hand, if a person were caught carrying a CONCEALED pointed fixed-blade in this state, and if they either admitted to carrying it as a weapon, or if they even acknowledged that it could be used as a weapon, such an admission would serve to meet one of the necessary burdens that a prosecutor needs to prove in order to obtain a conviction for carrying a concealed "dirk" or "dagger". But that's specifically in reference to the CONCEALED carry of pointed fixed-blades, which is illegal in this state.
 
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I would recommend carrying a folder over a fixed blade and never admitting it was carried for protection. Knife is always a tool, and you didn't want to use it but it was the only thing you had. Everything you say will be analyzed by the prosecution as an "admission of guilt."
 
In some states like NY Carrying a knife with the intent of using it against someone (self defense include) is illegal. Basically meaning if you get stopped by the police and say you have it for anything other than work purposes your shooting yourself in the foot.
 
I would never ask a police officer if it's legal to carry a knife. You might very easily get the "cop's answer", as in- what the cop believes, or what he wants you to do, rather than what the law actually says.

It's very simple- imagine you ask a cop "Is it alright for me to carry XYZ?". And the cop says "No", not because it's illegal to carry XYZ, but because the cop doesn't want you to carry XYZ. And if you base your desicion whether or not to carry XYZ on the word of that cop, you might be depriving yourself of your legal right to carry XYZ just because the cop doesn't want you to carry it.

An attorney who is truly knowledgeable of your local weapons laws is your best bet. But even laywers can be wrong, or they can have their own agendas. Over the years my attorney has told me stories of lawyers who are anti-gun and who will not only give inaccurate advice to clients to prevent them from owning or acquiring guns, but they will also interfere with their clients getting their legally owned guns back after they have been confiscated.

Lawyers are not immune from having their own strongly held opinions regarding weapons, and the people who possess them. And they are certainly not above serving their own agendas. When the client doesn't know the law, it's very easy for them to be taken advantage of and lied to by their attorney without even knowing it. You pay a lawyer thinking that they are working for you and have your best interests at heart and that they will do everything they can to get you what you want, but the reality is that lawyers are people first, and lawyers second, and they will often screw their clients over to serve their own agendas. I've certainly had that experience with a previous attorney.

Absolutely. Killgar's whole post was solid, but these paragraphs should be engraved on wall plaques. NEVER ask a cop the law because they don't know it any better than you do, nor do they know how or care to research it. Their job is to enforce the law with a sideline of keeping the peace, and they're given entirely too much latitude in the former. Fact is, most laws on the books have no business there, and keeping the peace is of much higher benefit. Tyr's post is also dead-on
 
Some solid posts in this thread already, especially killgar's. I wanted to get into something else too, which is if you actually use a knife in self-defense.

An important distinction is that we are talking about several different types of laws. The laws most have referred to so far are about carry and intent of carry, both statutory and practical (cop's opinion). These cover situations where you have not actually used the knife, but are questioned or searched by law enforcement.

But if you're talking to the cops because you used the knife in some way in relation to another human being, we're talking another kettle of fish entirely. States do not have clear, hardline laws or rules about self-defense in the way you seem to be thinking (i.e. merely a matter of the weapon used). Rather, self-defense is an affirmative defense you raise in court when you are accused by the state of having committed a crime of brandishing, aggravated assault, or murder. And your ability to succeed at mounting such a defense is dependent on all the circumstances of the case. This includes forensic evidence, witnesses, statements you made, your criminal history, the other guy's criminal history, the number of assailants, who was armed with what, if there is a disparity of physical strength, the location it occurred, if you provoked the encounter, why you were in the situation you were in etc. Everything affects the case and what a jury will think. Yes, there are situations where the fact you acted in self-defense is so blatantly obvious the cops don't even arrest you in the first place. But that's not guaranteed because they almost always were not there when the event went down. They have to piece it together.

In cases of brandishing and aggravated assault, your assailant is still alive and will talk the the police. He or she very likely will lie to them. Movies and TV give this impression that criminals are all despicable low-lifes that no one gives any credence. This is a harmful stereotype. Most violent encounters are between people that are at least acquainted, and they may be just as credible as you are, or more credible. This "tattooed street thug with the long rap sheet trying to rob you" most people have in there minds in the self-defense community is a rather unlikely scenario, and less likely an untrained person would be able to fend them off with only a knife.

Another thing to consider is that a knife is considered deadly force, so if you employ a knife, even if just brandishing, you had better be in danger of dying or serious maiming. I've been trying to gather cases over the years were a knife was used defensively, and I have to say they are very uncommon, and cases were the defendant was found not guilty by reason of self-defense are extremely rare. I have several cases were a person used a knife to defend themselves and killed their assailant, but were found guilty of murder 2, because the circumstances showed this was not a proper level of force to use (e.g. the attacker was unarmed and escape was available). The cases I did find where it was justified involved the defender be trapped, usually lying on there back with the attacker above them, or cases were the attacker drew his own knife first. In the later case, the defender sustained numerous wounds and nearly died, while the attacker was killed. This is part of why I consider a knife carried as the sole defensive strategy by an untrained person to be a schmuck's weapon. Defending yourself requires having more than one tool in the toolbox.
 
I practice law and as a result of some of the posts I will stay out of this discussion. :)
 
Okay, I've done lots of research online - and still can't get a cut, clear and "sharp" answer. Can you carry a knife for the sole purposes of using it, obviously as a last resort in a life-threatening situation (and not getting into knife fights)?

I've read on my research, that many state legislatures will see that as you wanting to premeditatedly kill somebody.

In my state, Indiana, it's legal to carry concealed or open, anything that's not a ninja star or ballistic, we don't have preemption laws either. I'm still trying to find out, that even if my USMC Ka-Bar or Ontario SP-1 is legal to carry on both state and local levels, if self-defense and self-protection would be an accepted answer if ever questioned by a police officer.
You really answered your own question, see the highlighted portion above. Without preemption any local jurisdiction is free to pass what ever laws they want to whether they make any sense or not.
 
I never carry a knife with "intent to go armed". I carry a knife because retailers insist on selling products in heavy plastic blister packs that are impossible to tear open, because I have to open packages and mail, because the carryout place I get my lunch from often forgets to include the plastic utensils with my order, as well as any number of other reasons.
 
The legality of carrying a knife depends on the laws of the locality that you are within, and the configuration of the knife you intend to carry at that location.

It is very difficult to determine the INTENT, that is to say 'why you were carrying the knife".

However, if you choose at some point to use your knife to defend your life or the life of someone you have a duty to protect, you are now dealing with use of deadly force or force that was intended to cause death or great bodily harm to another. In that case, you will likely be in court presenting an affirmative defense, saying that you indeed used your knife to inflict the injury or death but you did so in defense of your life.

It will be up to the district attorney to decide if they can win a murder, manslaughter or other charges in their case against you for your use of your knife.

Get some use of lethal force training in your state, it's a large and important subject that is more usually discussed in relation to carrying a concealed firearm.

best

mqqn
 
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Okay, I've done lots of research online - and still can't get a cut, clear and "sharp" answer. Can you carry a knife for the sole purposes of using it, obviously as a last resort in a life-threatening situation (and not getting into knife fights)?

I've read on my research, that many state legislatures will see that as you wanting to premeditatedly kill somebody.

In my state, Indiana, it's legal to carry concealed or open, anything that's not a ninja star or ballistic, we don't have preemption laws either. I'm still trying to find out, that even if my USMC Ka-Bar or Ontario SP-1 is legal to carry on both state and local levels, if self-defense and self-protection would be an accepted answer if ever questioned by a police officer.

You see, there are these things called laws. You should look into reading them. Being a banned troll is illegal though.
 
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