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!
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!
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