General Categories > Carry Issues

what is NE law re: open knife carry?

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depserv:
I know the criminal gang in the statehouse in its wisdom does not allow even those with concealed carry permits to carry a concealed knife, but is it legal to carry a knife that is not concealed?  And how is concealed defined by the criminal gang?

What if a person has a knife in a sheath on his belt or the ruler pocket of bib overalls or something that is not concealed, and say it is fixed blade and over the length of what we have permission to carry, but when sitting in a car it is not visible to an officer who might pull you over and be looking through your window?  Would that be considered a concealed knife, even though it is only concealed in that one situation? 

If it is and you disclose having it, could you be arrested for carrying a knife in a way the criminal gang did not give you permission to carry one?

How about if you have a screwdriver in your pocket, or laying on a car seat with other tools and something like a jacket thrown over it, would that be considered a concealed knife?

Would getting caught having something defined as a concealed knife make you lose your right to have a CHP?

RLMoeller:
Starting with NE 28-1201 for the definition...

(5) Knife means:

(a) Any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length and which, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury; or

(b) Any other dangerous instrument which is capable of inflicting cutting, stabbing, or tearing wounds and which, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury;


Then we have the prohibition in  NE 28-1202 ....

Carrying concealed weapon; penalty; affirmative defense.

(1)(a) Except as otherwise provided in this section, any person who carries a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon, commits the offense of carrying a concealed weapon.

(b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.

(2) This section does not apply to a person who is the holder of a valid permit issued under the Concealed Handgun Permit Act if the concealed weapon the defendant is carrying is a handgun.

(3) Carrying a concealed weapon is a Class I misdemeanor.

(4) In the case of a second or subsequent conviction under this section, carrying a concealed weapon is a Class IV felony.


The same as with firearms, I have not seen any prohibition on Open Carrying a knife.

Could the scenario you describe be considered concealed.   Yepp.  Far less concealed weapons have resulted in criminal charges.   Disclosing it does not negate the act.

Screwdriver?  IDK.  Probably not.  Then again, it probably depends on who you are and what you look like.

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