Author Topic: Knife laws (Read 34379 times)

RobertH · « **on:** January 12, 2010, 02:03:04 AM »

ok, so i need to know the laws about knives in Nebraksa (and more importantly, Lincoln). where can i find them? and what else do i need to know?

Dan W · « **Reply #1 on:** January 12, 2010, 08:03:33 PM »

For Lincoln here is a link to the statutes...

http://www.lincoln.ne.gov/city/attorn/lmc/ti09/ch936.pdf

see : 9.36.040 Unlawful to Sell or Possess Switch-Blade Knife.
It shall be unlawful for any person to sell, give away, or furnish to another person any switch-blade knife; and it shall be unlawful for any person to have in his or her possession, custody, or control any switch-blade knife. (Ord. 15625 ?4; July 9, 1990: P.C. ?9.28.030: Ord. 3489 ?9- 101.1, as amended by Ord. 6284; February 20, 1956).

and

9.36.150 Definitions -Knife shall mean any dagger, dirk, knife, or stiletto with a blade over three and one half inches in length or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds;

Plus look at the places where carrying a dangerous weapon is prohibited

20nickels · « **Reply #2 on:** July 23, 2010, 04:25:05 PM »

Does anybody know, do they count 3.5" as the total curve of the cutting edge or just the blade length from the end of the handle to the tip?

Dan W · « **Reply #3 on:** July 23, 2010, 04:37:53 PM »

When I measure mine I am including everything from the end of the handle to the tip.

20nickels · « **Reply #4 on:** July 26, 2010, 10:08:29 AM »

That's what I thought and is how I measured mine. I don't know where I got that idea of measuring the the total curve of the blade or cutting area, maybe another state was doing that or it a lawyer trick.

So technically in NE you can carry a double sided blade? For example they would not count a 3" double edge as 6".

Dan W · « **Reply #5 on:** July 26, 2010, 10:29:31 PM »

Nebraska statutes define a "knife" this way in 28-1201 http://uniweb.legislature.ne.gov/laws/statutes.php?statute=s2812001000 :

(5) Knife means any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds;

So, by definition if it is not 3.5" or longer blade it is not a knife.

But , be advised that some cities in Nebraska, like Hastings, make it a crime to conceal and knife longer than 3 inches. Talk about a conundrum...

20nickels · « **Reply #6 on:** August 11, 2010, 11:45:17 AM »

Conundrum... No joke, I did not know that and have carried a knife of 3 1/4" in Hastings recently.

Jesse T · « **Reply #7 on:** August 11, 2010, 12:01:12 PM »

Quote from: Dan W on January 12, 2010, 08:03:33 PM

Plus look at the places where carrying a dangerous weapon is prohibited

Link? Or do you mean the ccw prohibited places?

SeanN · « **Reply #8 on:** April 21, 2011, 01:03:16 PM »

Quote from: Dan W on July 26, 2010, 10:29:31 PM

Nebraska statutes define a "knife" this way in 28-1201 http://uniweb.legislature.ne.gov/laws/statutes.php?statute=s2812001000 :

(5) Knife means any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds;

So, by definition if it is not 3.5" or longer blade it is not a knife.

But , be advised that some cities in Nebraska, like Hastings, make it a crime to conceal and knife longer than 3 inches. Talk about a conundrum...

Technically, if it is LONGER than 3.5", it is a knife. Your post says "3.5 or longer" it is "longer than 3.5" as it does not define 3.5" bladed "knives" as knives.

My question is: Is there a concealed knife carry law or permit or anything? There are some pretty cool (and pretty big) folding knives available out there but I don't think it's actually legal to carry the anywhere. Is carrying one in a backpack also considered concealing it? I would assume so, but just thought I'd ask.

How about carrying a non-concealed knife?

Dan W · « **Reply #9 on:** April 21, 2011, 04:16:16 PM »

The reason I worded it that way is that 3.4999" will be measured 3.5001" and you are screwed just the same as when you have a shotgun with an 18" barrel.

My Benchmade has a blade that is a "measureable" amount shorter than 3.5" so it should never be mistaken for a "knife", preventing a LEO from deciding to let a judge make the call.

As for the carrying a knife in a backpack, yes that is a concealed weapon. I do keep a Swiss army knife in mine but it is not a "knife" by definition. My get home bag has a 4" blade sheathed on the shoulder strap, because the NE CHP does not cover anything but a pistol.
There is no legal way to carry any other "weapon" in Nebraska except for the affirmative defense statute 28-1202 that I am aware of.

As for open carry of a large knife... you would be subject to the same scrutiny as the MWAG would receive, but it would not be illegal IMHO unless you violated a No Weapons sign or other restricted area where weapons are banned by statute

gsd · « **Reply #10 on:** April 21, 2011, 11:41:14 PM »

hmm, time to stop carrying my button activated Boker than. Damn that was a nice knife.

Dan W · « **Reply #11 on:** April 21, 2011, 11:46:58 PM »

Quote from: gsd on April 21, 2011, 11:41:14 PM

hmm, time to stop carrying my button activated Boker than. Damn that was a nice knife.

Be advised that your Boker is defined as a switchblade, and is illegal to possess in Lincoln and I suspect a few other cities.

gsd · « **Reply #12 on:** April 22, 2011, 11:21:35 AM »

Quote from: Dan W on April 21, 2011, 11:46:58 PM

Be advised that your Boker is defined as a switchblade, and is illegal to possess in Lincoln and I suspect a few other cities.

Oh, I know. The same goes for my finger assist Milano Stiletto, apparently. So i am currently stuck with a POS Frost Cutlery lockback.

Problem lies herein, in Nebraska itself it is not illegal to posess a switchblade, just in city of Lincoln. Which is why you can stil buy switchblades in Lincoln.

Dan W · « **Reply #13 on:** April 22, 2011, 11:28:50 AM »

Quote from: gsd on April 22, 2011, 11:21:35 AM

Oh, I know. The same goes for my finger assist Milano Stiletto, apparently. So i am currently stuck with a POS Frost Cutlery lockback.

Problem lies herein, in Nebraska itself it is not illegal to posess a switchblade, just in city of Lincoln. Which is why you can stil buy switchblades in Lincoln.

It was rather funny when I would advise knife vendors at State Fair Park gun shows that although they could legally sell a switchblade on the state owned fair property, the purchaser could not legally possess it once they left the show

Wildgoose · « **Reply #14 on:** April 25, 2011, 08:26:51 PM »

This thread got me to thinking. I used to have a Romanian AK bayonet in its metal sheath that I got along with a parts kit under the seat of my truck. I put it there to use during deer season and when we were out camping during the summer. Came in handy for anything one may need a big heavy bladed knife for. Including cutting wire and and doing a little trimming around the tree stand. Any way, when I got my CCW I took it out of the truck as I was unsure of its legality in Lincoln. Good idea or could I have left it there?

Dan W · « **Reply #15 on:** April 25, 2011, 08:55:14 PM »

I can't remember who right now, but there was a member that posted about being convicted of a concealed weapons charge in Omaha when a hunting knife was found in the console of the car they were riding in with several other persons... nobody claimed it , so OPD charged them all!

It may have been the fellow from the Walgreen's self defense story.

Anyways, A CHP is not a permit to carry any weapon, only applies to a handgun, so I would be very careful about a long knife.

Maybe a future NFOA project would be to expand the permits coverage to other weapons

SeanN · « **Reply #16 on:** April 26, 2011, 12:26:27 PM »

Expanding the coverage would be great, Dan.

I always wonder too about concealing an AR-15 type pistol in a backpack. Technically it only covers handguns, right? If so, the AR-15 pistol is not a handgun, it is a pistol. This is where the lines get very blurry for me and I have no idea what is legal and what isn't. However, that's a bit off the subject.

So you think carrying a 3.5" bladed knife is a bad idea? I wonder if I'm screwed cuz I have a 16" barreled AR15 with a perm pinned muzzle device. Heh.

Dan W · « **Reply #17 on:** April 26, 2011, 01:00:46 PM »

If it is not a little bit longer than 16" it was not done right. Measuring barrel length can be an adventure

bkoenig · « **Reply #18 on:** April 26, 2011, 08:05:42 PM »

I bet there are literally tens if not hundreds of thousands of Nebraskans who unknowingly violate the knife law. I didn't know about the 3.5" rule until a year or two ago and I couldn't begin to tell you all the times I stuck a hunting knife in my glove box. In fact, as a teenager I once got pulled over and my pickup searched by a state patrolman who was on a fishing expedition for drugs or booze (I had neither but as a dumb kid I didn't know my rights) and I had a Cold Steel Master Hunter in the glove box. He apparently didn't care or didn't know the law either. It's asinine.

Dan W · « **Reply #19 on:** April 26, 2011, 08:53:00 PM »

Quote from: gsd on April 22, 2011, 11:21:35 AM

Oh, I know. The same goes for my finger assist Milano Stiletto, apparently. So i am currently stuck with a POS Frost Cutlery lockback.

Problem lies herein, in Nebraska itself it is not illegal to posess a switchblade, just in city of Lincoln. Which is why you can stil buy switchblades in Lincoln.

Hastings NE city code
21-101. Carrying concealed weapons.
No person in the City shall wear under his clothes, or conceal about his person, or display in a
threatening manner, any dangerous or deadly weapon including, but not by way of limitation,
any pistol, revolver, sling shot, cross-knuckles or knuckles of lead, brass or other metal, or any
bowie knife, or any knife resembling a bowie knife, or any knife with a switch-blade or device
whereby the blade or blades can be opened by a flick of a button, pressure on the handle or other
mechanical contrivance, or a pocket knife having a blade of more than three inches in length.
(Code 1973, 39-1; Ord. No. 1750)
Reference: For state law authorizing City to regulate, punish, etc., the carrying of concealed
weapons, see Neb. Rev. Stat. 1943, Section 28-1201 et seq.
http://www.cityofhastings.org/city_code/index.htm

PLUS something I just learned by reading this code listing...

Hastings has an illegal handgun registration law on the books too!

21-106. Records of sales, etc.
(1) Required generally. Every person in the City engaged in the sale, rental or exchange of any weapons described in Sections 21-101 and 21-104 shall keep a record of each such weapon purchased, sold, rented or exchanged at retail.

(2) Time of recordation; contents. The record required herein shall be made at the time of the transaction, in a book kept for that purpose, and shall include the name of the person to whom such weapon is sold or from whom such weapon is purchased; his age, physical description, occupation, residence and, if residing in a municipality, the street and number where he resides; the make, caliber and finish of the firearm, together with the number or serial letter thereof, if any; the date of the purchase, sale, rental or exchange
of such weapon; and the name of the employee or other person making such purchase, sale, rental or exchange.

(3) Report to Chief of Police. Every person in the City engaged in the sale, rental or exchange of any handguns described in Sections 21-101 and 21-104 shall inform the Chief of Police of every such purchase, sale, loan or gift within one day after the written purchase order described in Section 21-105 is received.
(Code 1973, 39-6; Ord. Nos. 1750 and 1836)

NFOA was successful in getting Lincoln city officials to remove a similar requirement from city code. It is not legal to require registration of sales of handguns to anyone with a valid CHP