Concealed Knives in Omaha

[will102882]

Does anyone know the specifics on carrying a pocket knife in Omaha and Nebraksa in general?  Blade length restrictions in particular would be helpful.  Thanks! 

[Randy]

Assisted opeing knifes under 3.5"s are legal. Because NE does not consider them knives.
Exception is city of Lincoln. No Assisted

Nebraska Revised Statute 28-1201
Revised Statutes ? Chapter 28 ? 28-1201
Terms, defined.


28-1201 Terms, defined. For purposes of sections 28-1201 to 28-1212, unless the context otherwise requires:

(1) Firearm shall mean any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or frame or receiver of any such weapon;

(2) Fugitive from justice shall mean any person who has fled or is fleeing from any peace officer to avoid prosecution or incarceration for a felony;

(3) Juvenile shall mean any person under the age of eighteen years;

(4) 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;

(5) Knuckles and brass or iron knuckles shall mean any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles;

Annotations

The Legislature intended the words "with a blade over three and one-half inches" to apply to daggers, dirks, knives, and stilettos, such that any of these items having blades over 3 1/2 inches are "knives" under subsection (4) of this section. Daggers, dirks, knives, or stilettos with blades over 3 1/2 inches are knives per se. When a case involves an instrument not specifically named in subsection (4) of this section, the State bears the burden of proving that the instrument is a dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, and thus is a "knife" for purposes of section 28-1205(1). State v. Bottolfson, 259 Neb. 470, 610 N.W.2d 378 (2000).

[Dan W]

Randy, Can you cite the ordinance that makes "assisted" pocket knives illegal in Lincoln?

 SwitchBlades yes...assisted opener...I don't think so

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


And Hastings has a 3" limit on folders

Hastings 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

[JimP]

Lotsa lawyering wiggle room in there:

"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"....


....For the Prosecution, anyways....  ANY sharp piece of metal regardless of length can be "capable of inflicting cutting stabbing, or tearing wounds" ...... Hell, if the jury is braindead (entirely possible) and the prosecutor really does not like you, you could technically get slammed for a 2/O Gammakatsu fishhook in your tackle box...... not likely, unless you are on the wrong side of the Old Boy Network...... think about this:  You are a contractor are from out of town, and you have a utility knife (box cutter) in your back pocket when you get pulled over for speeding, tail light out, or DWB...... another poorly written NE law.......