Quick Legal Facts
Statewide Preemption:
No
Concealed Carry:
The concealed carry law contains an exception for "an ordinary pocket knife."
Minors:
It is unlawful to sell or furnish a "bowie knife" or "dirk" to a minor.
Schools:
Knives may not be possessed openly or concealed on school grounds.
Critical Dimensions:
None noted.
Ballistic knives or any spring-loaded projectile knives are prohibited under North Carolina. Such devices may not be possessed, sold, given, loaned, manufactured or transported.
§ 14-269.6. Possession and sale of spring-loaded projectile knives prohibited.
(a) On and after October 1, 1986, it shall be unlawful for any person including law enforcement officers of the State, or of any county, city or town to possess, offer for sale, hold for sale, sell, give, loan, deliver, transport, manufacture or go armed with any spring loaded projectile knife, a ballistic knife, or any weapon of similar character. Except that it shall be lawful for a law-enforcement agency to possess such weapons solely for evidentiary, education or training purposes.
Concealed Carry:
The concealed carry law contains an exception for “an ordinary pocket knife.” It specifically includes any “bowie knife”, “dirk”, “razor” or “dagger”, and by implication includes all knives except “ordinary” pocket knives:
§ 14-269. Carrying concealed weapons.
(a) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind, except when the person is on the person’s own premises.
(b1) It is a defense to a prosecution under this section that:
(1) The weapon was not a firearm;
(2) The defendant was engaged in, or on the way to or from, an activity in which he legitimately used the weapon;
(3) The defendant possessed the weapon for that legitimate use; and
(4) The defendant did not use or attempt to use the weapon for an illegal purpose. The burden of providing this defense is on the defendant.
(d) This section does not apply to an ordinary pocket knife carried in a closed position. As used in this section, “ordinary pocket knife” means a small knife, designed for carrying in a pocket or purse, that has its cutting edge and point entirely enclosed by its handle, and that may not be opened by a throwing, explosive, or spring action.
Essentially, that statute provides as to weapons other than firearms that it is an affirmative defense and the defendant’s burden to prove:
1. that the weapon was possessed for a legitimate purpose;
2. a temporal connection on the part of the defendant to that legitimate purpose; and
3. that he neither used, nor attempted to use the weapon for an “illegal purpose.”
The third element is a problem since it requires “proof of a negative.” Open carry, which is not restricted, is a viable option.
Minors:
It is unlawful to sell or furnish a “bowie knife” or “dirk” to a minor § 14-315. It is also unlawful to cause, encourage or aid a minor to possess any knife or any sharp-pointed or edged instrument on school grounds. 14-269.2 (e)
Schools:
Knives may not be possessed openly or concealed on school grounds § 14-269.2 (d)
Critical Dimensions:
None noted.