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TN knife carry law(s) /regulation(s)


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Posted

What length blade is permissible in a folding knife & are there restrictions on torsion/spring assisted knives in TN ? What(if any) regs are there on sheath knives ? Thanks !

Posted

As of 7/1/2014 there are no restriction on blade length or method of opening assisted and auto (switchblades) are legal to carry in the state of TN.

  • Like 4
Posted

AFAIK, we now have only two knife laws:

 

- no knives on school property, essentially period

- use of switchblade in a crime is an additional charge. So use a Bowie or something to knock over a gas station, minimize the counts

 

It remains gray as to whether knives are indeed even relevant under the no carry sign prohibitions, as far as criminal penalty.

 

- OS

  • Like 1
Posted (edited)

AFAIK, we now have only two knife laws:

 

- no knives on school property, essentially period

- use of switchblade in a crime is an additional charge. So use a Bowie or something to knock over a gas station, minimize the counts

 

It remains gray as to whether knives are indeed even relevant under the no carry sign prohibitions, as far as criminal penalty.

 

- OS

 

Great summation, OS.  Another thing that remains 'gray', at least to me, is when does a knife become a sword.  In other words, does 'any length' translate into it being perfectly legal (although certainly not advisable and likely not very bright except under certain, very limited conditions - say a re-enactment or parade, etc.) to carry a Highland Claymore strapped across one's back in public?  Even if there were not a specific charge of carrying a sword (as opposed to a knife) I wouldn't be surprised if the person ended up being slapped with a 'public nuisance' or 'danger to the public' charge - but that is just my non-professional, non-attorney :2cents: .  I am almost certain that such behavior would cause the issue to be revisited by the legislature and likely result in at least some kind of length limit being re-imposed.

Edited by JAB
  • Moderators
Posted

Great summation, OS. Another thing that remains 'gray', at least to me, is when does a knife become a sword. In other words, does 'any length' translate into it being perfectly legal (although certainly not advisable and likely not very bright except under certain, very limited conditions - say a re-enactment or parade, etc.) to carry a Highland Claymore strapped across one's back in public? Even if there were not a specific charge of carrying a sword (as opposed to a knife) I wouldn't be surprised if the person ended up being slapped with a 'public nuisance' or 'danger to the public' charge - but that is just my non-professional, non-attorney :2cents: . I am almost certain that such behavior would cause the issue to be revisited by the legislature and likely result in at least some kind of length limit being re-imposed.


This was actually brought up during discussion of the bill. A legislator asked if this law would make it legal for someone to carry a sword and the response was yes, it would. While I agree it isn't advisable for the kilted to strap on a claymore or the anime nerds to grab their katanas, it is legal to do so.
  • Like 1
Posted (edited)

This was actually brought up during discussion of the bill. A legislator asked if this law would make it legal for someone to carry a sword and the response was yes, it would. While I agree it isn't advisable for the kilted to strap on a claymore or the anime nerds to grab their katanas, it is legal to do so.

 

Well, dunno how definitive his interpretation is. Like many other laws, perhaps time will tell with case law. 39-17-1302 still has ban on "Any other implement for infliction of serious bodily injury or death that has no common lawful purpose".

 

Certainly it's not altogether an unreasonable argument that a sword fits that definition, all hinging on the word "common"?

 

Also, when we say "any" knife, note that knuckles are still illegal here, so seems pretty certain you could still be stung for a trench or fantasy type knife with built-in knuckles or spikes or whatever.

 

- OS

Edited by Oh Shoot
Posted

This was actually brought up during discussion of the bill. A legislator asked if this law would make it legal for someone to carry a sword and the response was yes, it would. While I agree it isn't advisable for the kilted to strap on a claymore or the anime nerds to grab their katanas, it is legal to do so.

"A legislator" probably wouldn't be available as a defense should a problem occur.  There are a few who like to push the limit but I'm too old and value my time and savings too much to be the test case.

  • Moderators
Posted

Well, dunno how definitive his interpretation is. Like many other laws, perhaps time will tell with case law. 39-17-1302 still has ban on "Any other implement for infliction of serious bodily injury or death that has no common lawful purpose".

Certainly it's not altogether an unreasonable argument that a sword fits that definition, all hinging on the word "common"?

Also, when we say "any" knife, note that knuckles are still illegal here, so seems pretty certain you could still be stung for a trench or fantasy type knife with built-in knuckles or spikes or whatever.

- OS


In case it wasn't clear, I don't think it is a particularly prudent idea, but that's not really what we are discussing here. Of course, if an officer really wants to find some way to charge you with something, he/she can and will. I don't think that's ever been much in dispute. I'm pretty sure I unknowingly commit a couple of felonies a day, as do most folks. All the examples you mentioned require an officer to perform some type of reasoning gymnastics to twist the item to fall under a different statute. The clarity of the old statute is gone and has not been replaced by anything so clear as "swords are illegal". You look to laws to see that something is specifically prohibited, not specifically allowed. To me it just speaks to the unjustness of these laws that they can be used in such manners.

"A legislator" probably wouldn't be available as a defense should a problem occur. There are a few who like to push the limit but I'm too old and value my time and savings too much to be the test case.


I wouldn't dispute any of this at all.
Posted
....

....

The clarity of the old statute is gone and has not been replaced by anything so clear as "swords are illegal". You look to laws to see that something is specifically prohibited, not specifically allowed. To me it just speaks to the unjustness of these laws that they can be used in such manners.

 

Totally agree of course. I was pretty sure that at least the first version of the knife carry bill had zapped that particular item in 1302, was surprised when it was still there after compilation of the statute.

 

- OS

Guest tangojuliet
Posted

i wonder if its legal to carry a tomahawk ??? this is just me being bored more or less im not really serious LOL

Posted

i wonder if its legal to carry a tomahawk ??? this is just me being bored more or less im not really serious LOL

 

I'd say that even though it has a blade, it also clearly fits definition of a "club", so IMO, no.

 

- OS

Posted

I'd say that even though it has a blade, it also clearly fits definition of a "club", so IMO, no.

 

- OS

 

Gee, mini-bat night at the local semi-pro baseball game takes on a whole 'nuther meaning...

Guest The Incredible Bulk
Posted

As of 7/1/2014 there are no restriction on blade length or method of opening assisted and auto (switchblades) are legal to carry in the state of TN.

 

 

AFAIK, we now have only two knife laws:

 

- no knives on school property, essentially period

- use of switchblade in a crime is an additional charge. So use a Bowie or something to knock over a gas station, minimize the counts

 

It remains gray as to whether knives are indeed even relevant under the no carry sign prohibitions, as far as criminal penalty.

 

- OS

Interesting thread. I had not considered the possibility of knife laws when thinking of TN for a retirement home..

So does this mean double edged knives are lawful for carry ?

Posted

So does this mean double edged knives are lawful for carry ?

 

Always have been, only subject to blade length in the past.

 

- OS

Guest The Incredible Bulk
Posted

Schweet !

  • 2 weeks later...
Posted (edited)

I have to mimic the above thoughts, just because it's legal doesn't mean you should. I'm sure in the future we'll see a Blade version of ol' Voldemort.

 

 

Interesting thread. I had not considered the possibility of knife laws when thinking of TN for a retirement home..

So does this mean double edged knives are lawful for carry ?

Oh yeah, I had a double edged boot knife that I carried for a few years when I was about 10 or so.

Edited by whitewolf001

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