SC knife carry question

[Lupinus]

I recently began carrying a fixed blade kershaw echo- http://www.kershawknives.com/knivesTools/echoC.htm to be exact so you can see it's specs.

I carry it mostly because I prefer fixed blade knives to folders and the larger blade can do jobs my much smaller pocket knife can't or at the very least can do them easier. And since I am not old enough to legally CCW defense issues also come into play, bringing a knife to a gunfight may not be the smartest idea but it is better then just bringing your fists.

So my main question is, is this knife legal to carry? I have tried looking on the web and can't seem to find a strait answer in the legal codes....which with legal codes really doesn't surprise me. Copy of the relevant codes-

South Carolina - 16-23-460. Carrying concealed weapons; forfeiture of weapons.
Any person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, must forfeit to the county, or, if convicted in a municipal court, to the municipality the concealed weapon, and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days. Nothing herein contained may be construed to apply to (1) persons carrying concealed weapons upon their own premises or pursuant to and in compliance with Article 4 of Chapter 31 of Title 23, or (2) peace officers in the actual discharge of their duties. The provisions of this section do not apply to rifles, shotguns, dirks, slingshots, metal knuckles, or razors unless they are used with the intent to commit a crime or in furtherance of a crime.


- 16-23-430. Carrying weapons on school property.
(1) It shall be unlawful for any person, except State, county or municipal law-enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms or any other type of weapon, device or object which may be used to inflict bodily injury or death.
(2) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest.


- 16-23-405. Definition of "weapon"; confiscation and disposition of weapons used in commission or in furtherance of crime.
(1) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, 'weapon' means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a knife with a blade over two inches long, a blackjack, a metal pipe or pole, or any other type of device or object which may be used to inflict bodily injury or death.
(2) A person convicted of a crime, in addition to a penalty, shall have a weapon used in the commission or in furtherance of the crime confiscated.


16-23-490. Additional punishment for possession of firearm or knife during commission of, or attempt to commit, violent crime.
(A) If a person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of a violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned five years, in addition to the punishment provided for the principal crime. This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.
(D) As used in this section... "knife" means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.

So since it has over a 2 inch blade is it considered a weapon and therefor considered illegal to carry around? If it is the better part of knives sitting in pockets I have seen are being carried illegally. Is it only considered illegal if I carry it and plan to commit a crime with it?

It sits in the typical position on my right hip and is partially covered to fully covered depending on length of the shirt I am wearing but I don't go out of my way to conceal it. But even so it is at least partially concealed by my shirt and that is the part that sort of worries me. I don't really want to go out of my way to expose it either, the idea of that brought to mind brandishing issues if I went out of my way to make it visible and if it did I don't think saying "Well this way it isn't concealed" is going to fly in court. Perhaps just making sure that some of the sheath is visible but not so much so the entire knife is made to stand out?

So thoughts and/or ideas?

 

[Lupinus]

I'm thinking of perhaps calling the police station to ask.

I know police aren't exactly the best people to get advice from in such matters but A- I don't have the money for a lawyer to answer such questions and B- It will at least give me an idea on the local cops mentality towards a person carrying a knife. They seem pretty decent around here overall but even if a lawyer looks through the codes and interprets them into English that it would be legal that doesn't always mean a cop will think it is and not harass me for having it, legal or not it might land me in court if I happen to run into a cop and they want to be a prick....and I dislike court.

 

[hso]

The police are perhaps the worst people to ask in the LE community simply because they've got so much to remember in stessful situations that they come up short on details like this.

Contact the DA's office or formally request an interpretation from your state representative's office so that you can have documentation on hand from an authoritative source.

 

[Lupinus]

like I said I know they arent the best....

But also, it will give me their view on the subject. If it does happen to be legal but I get pulled over or some such and the cop doesn't think it is I am going to have to go to court and fight to keep from being found guilty and to get my knife back, least I will know what they think on the subject and if I should be prepared.

 

[hso]

The problem with LEOs is that they are not an authoritative source and they tend to default to a "No" answer. I used to make this same mistake. Often if I'd ask a legal question about a knife of a group of LEOs a discussion would ensue between them with differing opinions about blade length, design, opening mechanisms that were or were not restricted by the local laws. Getting their view about such details is nearly useless. Especially so when you consider that the single LEO giving his opinion may be wrong and different from the one you are facing (who may have no more accurate "opinion" about what's legal).

If you want a legal interp get it from the folks that are responsible for providing interpretations of the law in that jurisdiction. Attorneys (preferably in writing and especially so from one in government and best from the DA's office).

 

[gunslinger15]

In texas you can carry a fixed blade as long as it isn't double edged, for some reason cops dont allow things that go threw kevlar. As for carring it i carry mine where the sheith only shows a little bit, or i keep it in my boot.

 

[LiquidTension]

As far as the concealed part goes, they really can't get you for concealed if it's partially exposed - like the clip showing on a folder. That's the opinion of the cops I work with, anyway. If you run across a LEO with a bug up his arse, I'm sure you'll catch all kinds of garbage regardless of the law. The "usually used for the infliction of personal injury" part is open to interpretation. My knife has never been used to inflict personal injury, and is strictly used as a tool. Will that hold up in court? Depends on the judge.

A written statement from the Solicitor (what we call DAs in SC) in your area is the best way to go.

 

[Lupinus]

got an answer back from the local DA's office from one of the assistant DA's-

The laws on that kind of thing can get pretty confusing. I am pretty sure you are fine to carry the knife you describe, but I’m going to look over the relevant laws and give you a more certain answer in the next couple weeks, just in case you run across an officer who might be considered a little too zealous or we get more questions along those lines, that kind of thing. Thank you for trying to follow the law, and for being a concerned citizen in general.
(his name edited out)

 

[kid_couteau]

Kinda funny

Where I work one of my students had one of these under his shirt in class

I noticed the tip of the sheath sticking out.

Just walked by him and deftly lifted his shirt and pulled the knife from its sheath.

I walked halfway across the room before he noticed I had done it.

I gave it back to him at the end of the day (Hey I was a kid once too)

Later
Kid