School me on knife laws - Concealed and Open Carry

[OleWild]

As a police officer, I never arrested anyone for carrying a pocket knife. As a prosecutor, I never billed anyone arrested for carrying a pocket knife. The magic language is "customarily used as a dangerous weapon." Case law in Louisiana is quite clear that just because a knife COULD be used as a dangerous weapon, that alone does not make it a customary dangerous weapon under R.S. 14:95. It should only apply to a knife with no other customary use other than a weapon. Specifically, this includes switchblade knives, Bowie knives, and dirks. Double edged "boot knives" would probably fall into this category, but "pocket knives" have been exempted under jurisprudence. State v. Pye, 225 La. 365, 72 So.2d 879 (La. 1954) (Carrying a pocket knife was not a violation of statute proscribing the intentional concealment of any firearm, or other instrumentality customarily used as a dangerous weapon, on one's person. LSA-C.C. 14:95.)

There is no minimum or maximum blade length for a pocket knife that makes it a "dangerous weapon". As long as the knife can be said to be "customarily used as a pocket knife" then you should be ok. Nevertheless, after searching Westlaw there are surprisingly VERY few cases that deal with knives as a "concealed dangerous weapon" under R.S. 14:95, with the Pye case above being about the only one addressing pocket knives.

HOWEVER, the courts have also held that what constitutes a "dangerous weapon" is a question of FACT not law...therefore, it's a jury that determines if the knife in your pocket is a "dangerous weapon," and if you've ever had experience with juries then you know that you never know what the hell they will do. But, since it's a misdemeanor crime, and absent other circumstances, you'll probably have a judge and not a jury determining if it's a "dangerous weapon". So beware!

 

[El Rubio]

Interesting discussion. I carry a Leatherman on my belt all the time and never think about it. I wonder what Steven Seagal would do (WWSSD?) if when pulling over some person in Westwego for looking like he was hiding something or nervous or something else illegal and find a deadly Barlow folder concealed in his pocket. The team would go into panic mode and shout that he has a 95-K? -no with this crew, a 95-N. Fortunato would lay it out on the hood of the vehicle along with the other deadly weapons found - matches and cigarettes. Then to justify the confiscation of cig's, matches, and pocket knife, Seagal would give us the speech on how the Barlow folder is a cop killer and needs to be taken off the street. Maybe followed with a rambling on the cop killer attributes of second hand smoke. I think I'm getting off topic here.

 

[dantheman]

I wonder what Steven Seagal would do (WWSSD?) if when pulling over some person in Westwego for looking like he was hiding something or nervous or something else illegal and find a deadly Barlow folder concealed in his pocket. The team would go into panic mode and shout that he has a 95-K? -no with this crew, a 95-N. Fortunato would lay it out on the hood of the vehicle along with the other deadly weapons found - matches and cigarettes. Then to justify the confiscation of cig's, matches, and pocket knife, Seagal would give us the speech on how the Barlow folder is a cop killer and needs to be taken off the street. Maybe followed with a rambling on the cop killer attributes of second hand smoke. I think I'm getting off topic here.

Maybe , but it was still funny .

 

[Nolacopusmc]

I haven't seen it, but this and some other posts on the topic lead me to believe that Seagal is a bit "over the top" on that show???

.

To say the least...

 

[herohog]

From the HandGunLaw.US site:

State | Law Title/Chapt/Sec | Legal Yes/No , Folder/Length | Short description from the law with wording edited to fit.

Louisiana | RS 14:95 | Unk | A. Illegal carrying of weapons is: (1) The intentional concealment of any firearm, or other used or intended for probable use as a dangerous weapon, on one's person; No Carry in Schools. "School" means any elementary, secondary, high school, or votech school. School means School Bus also.
RS 14:95 (J) a "rescue knife" is a folding knife, which can be readily and easily opened with one hand….Only Police Officers can buy and own them.

Bossier City, LA | 38277. | ? | rescue knives by full-time LEO only. rescue knife" is a folding knife, readily and easily opened with one hand.

Lake Charles, LA | 1328. & 1328.1 | Y 4" | or any knife with a blade in excess of four inches, in an establishment where alcoholic beverages are sold.
| 1328.2. | Y 2" | or any instrument with a blade in excess of two inches.

New Orleans, LA | 54342. | ? | Weapons any knife, Possessing or to have in any vehicle while participating or attending a demonstration
| 54410. | No | In those publicly owned, operated, or leased buildings or places where the administrators Introduce any weapon
| 106296. | No | LA Nature and Science Center No Knives

St. Landry Parish. | LA 218. | No | "Dangerous weapon" includes any firearm, knife, or other bladed instrument, in court rooms

Sulphur, LA | 95 | ? | rescue knives by full-time LEO only. rescue knife" is a folding knife, readily and easily opened with one hand

| West Monroe, LA | 114011 | Y 3" | Display a pocket knife with a blade more than three (3) inches long,

I guess all pocket folding knives that are either spring assisted or have that little thumb tang on the blades for one handed opening are illegal state-wide! There is a gotcha just waiting to be abused! It is almost impossible to buy a good knife that doesn't have that feature!

 

[SarratedKarma]

http://www.legis.state.la.us/lss/lss.asp?doc=78739

A. Illegal carrying of weapons is:

(1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person; or

SB 78 Be it enacted by the Legislature of Louisiana: Section 1. R.S. 14:95 (A)(4) is hereby amended and reenacted to read as follows: Section 95. Illegal carrying of weapons A. Illegal carrying of weapons is: (4) (a) The manufacture, ownership, possession, custody or use of any switchblade knife, spring knife or other knife or similar instrument having a blade which may be automatically unfolded or extended from a handle by the manipulation of a button, switch, latch or similar contrivance located on the handle. (b) The provisions of this Paragraph shall not apply to the following: (i) Any knife that may be opened with one hand by manual pressure applied to the blade or any projection of the blade. (ii) Any knife that may be opened by means of inertia produced by the hand, wrist, or other movement, provided the knife has either a detent or other structure that provides resistance that shall be overcome in opening or initiating the opening movement of the blade or a bias or spring load toward the closed position.

This is the new law on knives and notice how it no longer says an illegal carrying of a knife is the intentional concealment blah blah blah. This was passed in 2012 so it's all good for concealment, we are go for concealment!!!

 

[alpinehyperlite]

Joined the site to bump a 3.5 year old thread?

 

[geoney]

SB 78 Be it enacted by the Legislature of Louisiana: Section 1. R.S. 14:95 (A)(4) is hereby amended and reenacted to read as follows: Section 95. Illegal carrying of weapons A. Illegal carrying of weapons is: (4) (a) The manufacture, ownership, possession, custody or use of any switchblade knife, spring knife or other knife or similar instrument having a blade which may be automatically unfolded or extended from a handle by the manipulation of a button, switch, latch or similar contrivance located on the handle. (b) The provisions of this Paragraph shall not apply to the following: (i) Any knife that may be opened with one hand by manual pressure applied to the blade or any projection of the blade. (ii) Any knife that may be opened by means of inertia produced by the hand, wrist, or other movement, provided the knife has either a detent or other structure that provides resistance that shall be overcome in opening or initiating the opening movement of the blade or a bias or spring load toward the closed position.

This is the new law on knives and notice how it no longer says an illegal carrying of a knife is the intentional concealment blah blah blah. This was passed in 2012 so it's all good for concealment, we are go for concealment!!!

How do you intend to conceal it without any of the above?

 

[luv1979]

SB 78 Be it enacted by the Legislature of Louisiana: Section 1. R.S. 14:95 (A)(4) is hereby amended and reenacted to read as follows: Section 95. Illegal carrying of weapons A. Illegal carrying of weapons is: (4) (a) The manufacture, ownership, possession, custody or use of any switchblade knife, spring knife or other knife or similar instrument having a blade which may be automatically unfolded or extended from a handle by the manipulation of a button, switch, latch or similar contrivance located on the handle. (b) The provisions of this Paragraph shall not apply to the following: (i) Any knife that may be opened with one hand by manual pressure applied to the blade or any projection of the blade. (ii) Any knife that may be opened by means of inertia produced by the hand, wrist, or other movement, provided the knife has either a detent or other structure that provides resistance that shall be overcome in opening or initiating the opening movement of the blade or a bias or spring load toward the closed position.

This is the new law on knives and notice how it no longer says an illegal carrying of a knife is the intentional concealment blah blah blah. This was passed in 2012 so it's all good for concealment, we are go for concealment!!!

So, would this not mean that a knife with the a thumb stud(s) on the blade would be legal since in mentions The provisions of this Paragraph shall not apply to the following: (i) Any knife that may be opened with one hand by manual pressure applied to the blade or any projection of the blade. however any of the "assisted opening" knives with a button you push would be illegal?

 

[alpinehyperlite]

If its opened with a button, its an auto not an assisted.

 

[Kraut]

Looks like they amended Section 4, don't try to use that to beat a concealed weapons charge, as Section 1 still reads that it's illegal to carry a concealed weapon. Good Luck!