Blackjacks NC legal except on educational property?


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conw
April 20, 2009, 02:12 AM
Hey all,

After perusing various versions of this page - http://www.grnc.org/firearms.htm - I have concluded that it appears to prohibit blackjacks on educational property, but nowhere else mentions them.

I realize the difference between "cops will hassle you" and "illegal" can be minute, but are blackjacks specifically or by caselaw singled out in NC?

Thanks
Conwict

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Fred Fuller
April 20, 2009, 09:38 AM
The only place in the General Statutes I can find a specific mention of "blackjack" is in http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-269.2.html , where it says

"(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp?pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp?pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property."

However, 14-269 specifically prohibits

http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-269.html
"SUBCHAPTER IX. OFFENSES AGAINST THE PUBLIC PEACE.
Article 35.
Offenses Against the Public Peace.
14?269. Carrying concealed weapons.
(a) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises. "

I think that's where you'd get crossways of the law. NC has a lot of old stuff on the books- heck, far as I know, ALL the old laws are still on the books, all the way back to Sir Walter Raleigh. It's a complicated state to go about armed in, in many ways. Anything that can be construed as illegal very well might in certain circumstances.

It's too easy in NC to carry useful things that are definitely NOT illegal, to risk getting caught up in a potentially troublesome situation over something someone else views as sketchy. A plain wooden crook-top cane or a walking stick is too commonplace to cause issues, and won't get a second glance. Note, however, that 'loaded canes' ARE specifically included in the list of prohibited items. I carried my blackthorn on campus Saturday to a function I had to attend, and didn't get a second look.

fwiw, ianal,

lpl

conw
April 20, 2009, 11:54 AM
Thanks Lee! Guess I should consult a lawyer to be sure. The sap just looks fun/interesting. I think I'll get one just to try out...was curious if I could occasionally carry it.

glistam
April 21, 2009, 10:42 AM
I felt I should point out that "slungshots" (not slingshots) are similar weapons to blackjacks (that is, "weapon of like kind"). For those unfamiliar, the slung shot is a bludgeon that consists of a weight and rope handle. Sailors a century ago made them by having a lead ball inside a monkey's fist knot. They got a reputation for being carried by street thugs, so they were banned in many coastal states.
If may rant a bit (seems to be the style) this is yet again another instance of a weapon law being based on perception, reputation, and cultural association rather than real crime statistics.

rscalzo
April 21, 2009, 12:25 PM
Blackjacks/saps were removed from use years ago from our NJ departments as they can and in many cases considered deadly weapons.

They are not a fun toy. Use can and will cause serious injury or death.

LoneCoon
April 21, 2009, 03:35 PM
Philadelphia PD had their blackjacks removed a few years back as well.

My dad claimed they were "too effective" for the city to keep using them.

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