Carrying a fixed blade

[dunndw]

I know the Tn law says you can have a folding blade up to 4 inches...what about a fixed blade...any difference in the law? I couldn't find anything on Mitchies

[Guest bkelm18]

I got this straight from Michies:

39-17-1307. Unlawful carrying or possession of a weapon. — [Amended effective January 1, 2008. See the Compiler's Notes.]

(a) (1) A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4²), or a club.

It doesn't make a distinction between a fixed or foldable.

[Guest utarch00]

I think the rule applies to folder or fixed blades.

[Fallguy]

T.C.A. 39-17-1301(7) defines a knife as "...any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument"

So it would seem the 4" applies to folded or fixed blades.

[Mike.357]

that whole thing is crazy.

I have a fillet knife with about a 6 or 7 inch blade. Great knife, razor sharp. Makes short order of cleaning a fish. So am I illegal possessing that while fishing? It came with a sheath that goes on a belt. Bought the knife here in TN.

I also have a knock off K-Bar knife. Big blade. Am I illegal possessing that while camping? Also came with a sheath and purchased here in TN

How about the thousands of people who go to Gatlinburg and buy knives while on vacation. Are they illegal too? My nephew bought some Bowie knife in Cherokee that had a 12 inch blade on it. Of course he possessed it in Tennessee too.

How does the law apply to these situation?

[Guest bkelm18]

I think the key phrase is "with intent to go armed". If you are carrying the knife in the same manner as you would a gun, then it is illegal, but if you simply have the knife with you for fishing or camping, then I doubt it's illegal.

[Guest Centennial]

I think the key here is found in the phrase "with the intent to go armed." The carry of a knife such as you describe for lawful purposes like hunting, filleting, camping, etc. do not constitute a crime.

[Mike.357]

key here is found in the phrase "with the intent to go armed."

so basically you would be at the mercy of any lawman who saw you possessing it.

I agree with all the intent stuff, just makes me wonder

[Guest bkelm18]

so basically you would be at the mercy of any lawman who saw you possessing it.

That's pretty much the case for a lot of stuff.

[deerslayer]

+1 on being at the mercy of a lawman.

Hypothetical:

No carrying weapons in Great Smoky Mountains National Park. You're camped out in Elkmont and plan on hiking to Mt. Leconte. Is a 5" Ka-Bar on your belt carrying "with the intent to go armed" or is it simply carrying while camping?

[Guest bkelm18]

+1 on being at the mercy of a lawman.

Hypothetical:

No carrying weapons in Great Smoky Mountains National Park. You're camped out in Elkmont and plan on hiking to Mt. Leconte. Is a 5" Ka-Bar on your belt carrying "with the intent to go armed" or is it simply carrying while camping?

That's one of those gray areas. I'd check with the rangers to be sure before I did anything like that.

[nightrunner]

i personally would be hiking without some sort of defense, so id just go with, "its easier to ask forgiveness than to get permission."

[DaveTN]

so basically you would be at the mercy of any lawman who saw you possessing it.

At the time of arrest you are always at the mercy of how the responding Officer interprets the law.

I could be wrong but I think the “intent to go armed” is the key. That makes me think that it is one of those laws that require the Prosecutor to prove “state of mind” as one of the elements of the offense.

Seems to me that I read somewhere that simple possession of a firearm without a permit is a misdemeanor, but with “intent to go armed” it is a felony. I would guess that means the circumstances under which you are arrested would be a factor.

But that just a WAG.

Edited July 6, 2008 by DaveTN

[Mike.357]

possession of a firearm without a permit is a misdemeanor, but with “intent to go armed” it is a felony

class a misdemeanor

[Guest shortfri]

basically the judical system is a grey area. All the laws can be worked by both sides, the good and bad.

How your acting with the knife is how the officer will treat it. You're out waveing it around screaming and yelling, then you'll more then likely get a free ride.

If anyone really wants to debate how crazy the grey area is. Look up p.i.

You can be arrested, even though you haven't had a drop to drink.

I've started selling some insurance that helps the good guys out with the legal system, and wanted to sell it on this site. But it seems the owner/mods aren't interested. And since it's their site the rules need to be followed.

Right now with the way things are i feel more likely to have to pull my weapon then i have in 20 years.

[Guest SUNTZU]

I carry my Gerber LMF when camping. I have also carried a Kabar. I have had park rangers look at both of them. They really liked the Gerber and asked where I got it. I showed them the built in blade sharpener and leg attachments of the sheath. Both of the rangers said they were going to Smoky Mtn. Knife Works to pick up their own the next day. When I backpack, I use a large Alice pack and where a boonie hat to keep ticks off me. I have never had a problem with park rangers, other than them wanting to talk to me about my knives and where I got them. They have always been very polite. The same holds true of car camping at Citico and at Melton Hill.

Here is a link to the Gerber LMF.

http://www.gerbergear.com/product.php?model=1627

[Rightwinger]

+1 on the Gerber LMF

Very strong utility knife with the plus that it feels as good as it looks. Picked mine up at Smokey Mtn Knifeworks as well a year and half ago.

[Guest bkelm18]

I carry my Gerber LMF when camping. I have also carried a Kabar. I have had park rangers look at both of them. They really liked the Gerber and asked where I got it. I showed them the built in blade sharpener and leg attachments of the sheath. Both of the rangers said they were going to Smoky Mtn. Knife Works to pick up their own the next day. When I backpack, I use a large Alice pack and where a boonie hat to keep ticks off me. I have never had a problem with park rangers, other than them wanting to talk to me about my knives and where I got them. They have always been very polite. The same holds true of car camping at Citico and at Melton Hill.

Here is a link to the Gerber LMF.

http://www.gerbergear.com/product.php?model=1627

Good lookin Gerber. Might have to look into one of those.

[Guest Grout]

Georgia has a terrible knife law.The only thing you can legally carry is one with a blade no more than 2 inches and not designed for offensive or defensive use.So everybody rushing down there to eat at a restaurant that serves alchohol keep that in mind.

[Guest GUTTERbOY]

Georgia has a terrible knife law.The only thing you can legally carry is one with a blade no more than 2 inches and not designed for offensive or defensive use.So everybody rushing down there to eat at a restaurant that serves alchohol keep that in mind.

Now that's just fudged up. I've probably violated the law with my Kershaw Scallion.

[Guest 270win]

Are defenses to the 'intent to go armed' with a firearm and/or knife. Hunting, sports shooting, are among others. If all else fails, you are carrying the knife as a tool, not as a weapon. Carrying a 6 inch filleting knife while going to or from fishing would seem legal as would a knife salesman transporting his goods that many times have over four inch blades.

[Fallguy]

Are defenses to the 'intent to go armed' with a firearm and/or knife. Hunting, sports shooting, are among others. If all else fails, you are carrying the knife as a tool, not as a weapon. Carrying a 6 inch filleting knife while going to or from fishing would seem legal as would a knife salesman transporting his goods that many times have over four inch blades.

I believe you're right...but it sort of goes back to the judgment of the LEO at the time thing.

39-17-1308 Defenses to unlawful possession or carrying of a weapon.

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

(4)

Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity.

But if you are carrying a filleting knife while walking down Broadway in Nashville with no fishing gear and/or none in your vehicle....might be hard to claim you were about to catch and clean some fish.

Edited July 7, 2008 by Fallguy

[Guest mw.]

How are they measured? Just the sharpened part?