Louisiana Knife Laws

[hdgnnr]

i am a law abiding citizen, at least as far as i know.....and i dont follow what any crowd does......i do what i want to do. i carry my knife as a tool as i imagine most of us do. The fact that it can also be used as a weapon shouldnt matter. I never hear anything about little league players being arrested for having baseball bats, or construction workers getting a set of bracelets cause they had a pry bar......which goes back to what i said originally....if you're not doing something illegal, the cops arent gonna bother you to begin with.

 

[herohog]

YOU leave a crow bar and a bat in YOUR car without being in some form of construction or without having any other ball equipment or male kids and see what happens if you are stopped an searched. The knife may not be an issue (depending on variables) but you will be in grave danger of being popped for possessing burglary tools and a weapon, again, depending on the cop and other variables).

Life sucks but that IS how it is set up and we have to deal with it. I never have a bat in my car unless I am on my way to or from a game. Same for the crowbar. It will be accompanied by a saw, hammer and other carpentry/demolition tools related to a specific job as that is NOT my primary job.

Why? Simply because it is a stupid risk to take these days! You CAN be arrested for them. THIS is why you don't allow them to search your car just because they want to. What seems innocent and harmless to you could land you in jail!

 

[James Cannon]

uhm.

Pry bars are tools dude, they're not criminal. I keep various tools like that in my truck. Nothing wrong with that, and no one will think so... cops -do- have common sense mostly. Pry bars are pretty handy to have in various situations in case of emergency. You can't/won't be arrested for having a damn crowbar/prybar in your vehicle any more than you will be arrested for stealing wheels because you have a 4-way lug wrench in there.

Find me one scrap of evidence, even anecdotal, that a conviction was landed upon someone for "possession of a crowbar in their car" and wasn't overturned, or had OTHER evidence the convict was out for criminal mischief.

 

[posse comatosis]

Vanillagorilla, allow me to clarify that you were correct in your original statement on this thread that "You can "conceal" a knife all you want." This is perhaps on account of the statute being poorly written, but it is what it is.

I apologize for the confusion.

 

[herohog]

I can find cases of arrest for a crowbar. I may even be able to find a conviction but the fact is you CAN be ARRESTED for the possession of one as a burglary tool. Yes, you can probably defend it but it will cost you and THAT is the point. Also, and I bet NOLACOPUSMC will back me on this, that if a cop found just a crowbar in your car he could easily charge you for having a weapon in the car or something similar. This isn't an issue in Louisiana but in other states, it is a common occurrence! (think East Yankee-land here)

Back on subject from my notes:

LRS 14.95 A (4) 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.

From 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!

It is a violation of the Louisiana Code of Criminal Procedure, CCRP 215.1 for any police officer to do this and not return it to you immediately - unless, of course, you are under arrest.

 

[James Cannon]

Dude, you -can- be -charged- with -anything- and -arrested- for -anything- if the cop wants to.

That's aside the point from if you -will be-.

 

[Vanilla Gorilla]

A Pry Bar only becomes a burglary tool when; A. You have a prior history of convictions for burglary, and B. I catch you with one in an area where a reasonable person would believe you had no legitimate purpose for being, i.e. the backyard of a house where you did not live or work and where you did not know the owner.

 

[herohog]

And that makes you a reasonable cop and the norm from what I have seen in the parts of this state I have lived in. Now in New York, Dallas, New Jersey, there it may NOT always be that way. That is the point! There IS no hard and fast rule. You have to exercise common sense and also know what is normally allowed in your area. If nothing else, err on the side of safety!

Dude, you -can- be -charged- with -anything- and -arrested- for -anything- if the cop wants to.

That's aside the point from if you -will be-.

BINGO!
That is why no one can give a definitive answer on this beyond what we think, what has happened in the past, what actual officers have said and what has happened in the courts and news. If ya want to be 100% safe from arrest, DON'T CARRY A KNIFE (or what COULD be coonsidered a weapon or buglery tool)!

 

[Vanilla Gorilla]

I will say it again a diffrent way; To be charged with being in possession of Burglary Tools you have to have a prior conviction for Burglary.

 

[Nolacopusmc]

I will say it again a diffrent way; To be charged with being in possession of Burglary Tools you have to have a prior conviction for Burglary.

I would say it is highly probable in most jurisdictions you need some kind of history or some very specific circumstances, like you are using a pry bar to open a steel door when caught or something, but oddly enough, it is in the illegal weapons statute.

The key is of course not the mere possession of the "burglary tool", but the officer has to demonstrate some element of intent, such as you also had rubber gloves, a ski mask, lock pics, and was related to OJ Simpson. That said, it is very believable that the wrong right person, in the wrong place at the wrong time, could catch a charge for being where they "didn't belong". Like ALWAYS, depends on the circumstances, time, place, etc. etc. etc.

14:95. Illegal carrying of weapons

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

(2) The ownership, possession, custody or use of any firearm, or other instrumentality customarily used as a dangerous weapon, at any time by an enemy alien; or

(3) The ownership, possession, custody or use of any tools, or dynamite, or nitroglycerine, or explosives, or other instrumentality customarily used by thieves or burglars at any time by any person with the intent to commit a crime; or

(4) 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.

(5)(a) The intentional possession or use by any person of a dangerous weapon on a school campus during regular school hours or on a school bus. "School" means any elementary, secondary, high school, or vo-tech school in this state and "campus" means all facilities and property within the boundary of the school property. "School bus" means any motor bus being used to transport children to and from school or in connection with school activities.

(b) The provisions of this Paragraph shall not apply to:

(i) A peace officer as defined by R.S. 14:30(B) in the performance of his official duties.

(ii) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.

(iii) Any person having the written permission of the principal or school board and engaged in competition or in marksmanship or safety instruction.

B.(1) Whoever commits the crime of illegal carrying of weapons shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.

(2) Whoever commits the crime of illegal carrying of weapons with any firearm used in the commission of a crime of violence as defined in R.S. 14:2(B), shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than two years, or both. Any sentence issued pursuant to the provisions of this Paragraph and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(B) shall be served consecutively.

C. On a second conviction, the offender shall be imprisoned with or without hard labor for not more than five years.

D. On third and subsequent convictions, the offender shall be imprisoned with or without hard labor for not more than ten years without benefit of parole, probation, or suspension of sentence.

E. If the offender uses, possesses, or has under his immediate control any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, while committing or attempting to commit a crime of violence or while in the possession of or during the sale or distribution of a controlled dangerous substance, the offender shall be fined not more than ten thousand dollars and imprisoned at hard labor for not less than five nor more than ten years without the benefit of probation, parole, or suspension of sentence. Upon a second or subsequent conviction, the offender shall be imprisoned at hard labor for not less than twenty years nor more than thirty years without the benefit of probation, parole, or suspension of sentence.

F. The enhanced penalty upon second, third, and subsequent convictions shall not be applicable in cases where more than five years have elapsed since the expiration of the maximum sentence, or sentences, of the previous conviction or convictions, and the time of the commission of the last offense for which he has been convicted; the sentence to be imposed in such event shall be the same as may be imposed upon a first conviction.

G.(1) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to sheriffs and their deputies, state and city police, constables and town marshals, or persons vested with police power when in the actual discharge of official duties. These provisions shall not apply to sheriffs and their deputies and state and city police who are not actually discharging their official duties, provided that such persons are full time, active, and certified by the Council on Peace Officer Standards and Training and have on their persons valid identification as duly commissioned law enforcement officers.

(2) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to any law enforcement officer who is retired from full-time active law enforcement service with at least twelve years service upon retirement, nor shall it apply to any enforcement officer of the office of state parks, in the Department of Culture, Recreation and Tourism who is retired from active duty as an enforcement officer, provided that such retired officers have on their persons valid identification as retired law enforcement officers, which identification shall be provided by the entity which employed the officer prior to his or her public retirement. The retired law enforcement officer must be qualified annually in the use of firearms by the Council on Peace Officer Standards and Training and have proof of such qualification. This exception shall not apply to such officers who are medically retired based upon any mental impairment.

(3)(a) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to active or retired reserve or auxiliary law enforcement officers qualified annually by the Council on Peace Officer Standards and Training and who have on their person valid identification as active or retired reserve law or auxiliary municipal police officers. The active or retired reserve or auxiliary municipal police officer shall be qualified annually in the use of firearms by the Council on Peace Officer Standards and Training and have proof of such certification.

(b) For the purposes of this Paragraph, a reserve or auxiliary municipal police officer shall be defined as a volunteer, non-regular, sworn member of a law enforcement agency who serves with or without compensation and has regular police powers while functioning as such agency's representative, and who participates on a regular basis in agency activities including, but not limited to those pertaining to crime prevention or control, and the preservation of the peace and enforcement of the law.

H. The provisions of this Section shall not prohibit active justices or judges of the supreme court, courts of appeal, district courts, parish courts, juvenile courts, family courts, city courts, and traffic courts, constables, coroners, district attorneys and designated assistant district attorneys, United States attorneys and assistant United States attorneys and investigators, and justices of the peace from possessing and concealing a handgun on their person when the justice or judge, constable, coroner, district attorneys and designated assistant district attorneys, United States attorneys and assistant United States attorneys and investigators, or justices of the peace are certified by the Council on Peace Officer Standards and Training.

I. The provisions of this Section shall not prohibit the carrying of a concealed handgun by a person who is a college or university police officer under the provisions of R.S. 17:1805 and who is carrying a concealed handgun in accordance with the provisions of that statute.

J. The provisions of this Section shall not prohibit the ownership of rescue knives by commissioned full-time law enforcement officers. The provisions of this Section shall not prohibit the carrying of rescue knives by commissioned full-time law enforcement officers who are in the actual discharge of their official duties. The provisions of this Section shall not prohibit the sale of rescue knives to commissioned full-time law enforcement officers. The provisions of this Section shall not prohibit the ownership or possession of rescue knives by merchants who own or possess the knives solely as inventory to be offered for sale to commissioned full-time law enforcement officers. As used in this Subsection, a "rescue knife" is a folding knife, which can be readily and easily opened with one hand and which has at least one blade which is designed to be used to free individuals who are trapped by automobile seat belts, or at least one blade which is designed for a similar purpose. No blade of a rescue knife shall exceed five inches in length.

K.(1) The provisions of this Section shall not prohibit a retired justice or judge of the supreme court, courts of appeal, district courts, parish courts, juvenile courts, family courts, and city courts from possessing and concealing a handgun on their person provided that such retired justice or judge is certified by the Council on Peace Officer Standards and Training and has on their person valid identification showing proof of their status as a retired justice or judge.

(2) The retired justice or judge shall be qualified annually in the use of firearms by the Council on Peace Officer Standards and Training and have proof of such certification. However, this Subsection shall not apply to a retired justice or judge who is medically retired based upon any mental impairment.

Amended by Acts 1956, No. 345, §1; Acts 1958, No. 21, §1; Acts 1958, No. 379, §§1, 3; Acts 1968, No. 647, §1; Acts 1975, No. 492, §1; Acts 1986, No. 38, §1; Acts 1992, No. 1017, §1; Acts 1993, No. 636, §1; Acts 1993, No. 844, §1; Acts 1994, 3rd Ex. Sess., No. 143, §1; Acts 1995, No. 636, §1; Acts 1995, No. 930, §1; Acts 1995, No. 1195, §1; Acts 1995, No. 1199, §1; Acts 1997, No. 508, §1; Acts 1997, No. 611, §1; Acts 1997, No. 1064, §1; Acts 1999, No. 738, §1; Acts 1999, No. 924, §1; Acts 1999, No. 953, §1; Acts 2003, No. 608, §1; Acts 2003, No. 766, §1; Acts 2006, No. 515, §1; Acts 2006, No. 589, §1; Acts 2008, No. 172, §1.

 

[Eagle]

I was once arrested by the Louisiana State Police on a picket line while on strike against a large multinational company. According to the LSP, the folding Buck knife in my pocket was a dangerous weapon, and in addition to "blocking a public right-of-way" I was charged with carrying a dangerous weapon. The blade was probably 5". None of this ever went to trial.

 

[Vanilla Gorilla]

Strikes and Labor Politics make it a whole different ball of wax especially in a State beholden to it's Corporations.

 

[Cajuin]

So....Can I still "open carry" my cane knife?

Seriously, I just wasted 15 minutes ready the fluffy in this post.

 

[herohog]

No issues with having a knife concealed as long as:
A) The carrying of same could be construed as "illegal carrying of a weapon" which means are you doing something to make the officer believe that you had criminal intent which was aided or could be aided by the weapon;

or,

B) Have on your person a knife that is deployed by mechanical means aka, switchblade (and no that doesn't mean a locking knife with mechanical assist.)

Hope this helps you.

Lt. Dan

This about sums it up best given the way the law is worded.

 

[jguilletjr]

I always considered a knife as a tool. I know it can be used as a weapon, but to me that would be a last resort. For that matter a golf club, pool stick, or a rock can be used as a weapon.

 

[Duck Jenkins]

Thats inaccurate all the way around. You can "conceal" a knife all you want. I would suggest you either ask an attorney or do your own research before you follow unqualified internet legal advice.

VG, if I may put it in my own words,,,,,,, Get your advice on what may or may not get you arrest from the person you want to represent you in court.

This is clearly a case of, "even if you win, YOU LOSE" If the case gets tossed, if you win, whatever, you can not get back all the money it cost for the defense and the stress you caused yourself and your family. If you want to MEM roll, and you think it is your calling to question the system and take the fight to the MAN, then do as you wish.

 

[xseekerx]

You can carry whatever you want, however you want. Concealment is fine and length of blade does not matter.

The only rule here is that switchblades (automatic openers) are illegal to possess, carry, or sell.

You also aren't supposed to carry a weapon at certain places (e.g. schools, court houses, police stations, government buildings, etc.). If you were to get pulled over, for example, police are lax on knives (maybe not so much in New Orleans) and don't have an issue with them as long as you're honest and let them know you're carrying it.

For more info. on carry laws in Louisiana here is a good place to start:

http://laopencarry.org/newsletters/newsletter1501.shtml

 

[geoney]

You can carry whatever you want, however you want. Concealment is fine and length of blade does not matter.

The only rule here is that switchblades (automatic openers) are illegal to possess, carry, or sell.

You also aren't supposed to carry a weapon at certain places (e.g. schools, court houses, police stations, government buildings, etc.). If you were to get pulled over, for example, police are lax on knives (maybe not so much in New Orleans) and don't have an issue with them as long as you're honest and let them know you're carrying it.

For more info. on carry laws in Louisiana here is a good place to start:

http://laopencarry.org/newsletters/newsletter1501.shtml

It is not quite that cut and dry.

- - - Updated - - -

So....Can I still "open carry" my cane knife?

Seriously, I just wasted 15 minutes ready the fluffy in this post.

Yes

 

[geoney]

I was once arrested by the Louisiana State Police on a picket line while on strike against a large multinational company. According to the LSP, the folding Buck knife in my pocket was a dangerous weapon, and in addition to "blocking a public right-of-way" I was charged with carrying a dangerous weapon. The blade was probably 5". None of this ever went to trial.

Not sure how long ago that was, but there is no "carrying a dangerous weapon" law unless that was a local ordinance.

 

[AustinBR]

You can carry whatever you want, however you want. Concealment is fine and length of blade does not matter.

The only rule here is that switchblades (automatic openers) are illegal to possess, carry, or sell.

You also aren't supposed to carry a weapon at certain places (e.g. schools, court houses, police stations, government buildings, etc.). If you were to get pulled over, for example, police are lax on knives (maybe not so much in New Orleans) and don't have an issue with them as long as you're honest and let them know you're carrying it.

For more info. on carry laws in Louisiana here is a good place to start:

http://laopencarry.org/newsletters/newsletter1501.shtml

You can carry a knife at schools.