Question about TN knife carrying in public.

[jordan1948]

I grew up for the most part out in BFE texas and carried a fixed blade on my belt for a long without any problems from law enforcement or people freaking out. But since I've been living in TN I haven't been carrying one and lately I've been thinking about it. So basically my question is, Can I legally carry a fixed blade nife on my belt in public and if so are there any restrictions on blade length/overall length. Thanks guys.

 

[tnxdshooter]

I grew up for the most part out in BFE texas and carried a fixed blade on my belt for a long without any problems from law enforcement or people freaking out. But since I've been living in TN I haven't been carrying one and lately I've been thinking about it. So basically my question is, Can I legally carry a fixed blade nife on my belt in public and if so are there any restrictions on blade length/overall length. Thanks guys.

Nope

Total knife must not be over 6" if I remember correctly. Thus anything with over about a 3" blade is considered a deadly weapon and is illegal to carry. I carry my buck pocket knives on a sheath on my belt. No fixed blades allowed.

Sent from Droid Incredible on Verizon Wireless

 

[PRM]

If I read it correctly, its blade length (longer than 4 inches) and not whether it a fixed or folder. There are several statutes on knives...switchblades...

From personal experience, a lot has to do with what your doing and where you are. I've seen fixed blades carried in Walmart (wearer in hunting clothes), Tractor Supply, flea markets, and at our local Harley Shops Summer BBQ. Pretty easy to tell they were at least 4 inches or longer. No body was really concerned, even law enforcement. I'd say if you were sporting the same and stopped for some other illegal activity at 2 AM, that could become an issue.

Ninety-Nine % of the police I have encountered are pretty laid back on this issue. But, you can always cross paths with a rookie wanting to make a reputation.

39-17-1301. Part definitions.

As used in this part, unless the context otherwise requires:

(1) "Club" means any instrument that is specially designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument;

(2) "Crime of violence" includes any degree of murder, voluntary manslaughter, aggravated rape, rape, especially aggravated robbery, aggravated robbery, burglary, aggravated assault or aggravated kidnapping;

(6) "Immediate vicinity" refers to the area within the person's immediate control within which the person has ready access to the ammunition;

(7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument;

(8) "Knuckles" means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles;

(14) "Switchblade knife" means any knife that has a blade which opens automatically by:
(A) Hand pressure applied to a button or other device in the handle; or
(B) Operation of gravity or inertia;

[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 1; 2001, ch. 375, §§ 1, 2.]


39-17-1302. Prohibited weapons.

(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

(7) A switchblade knife or knuckles; or

(8) Any other implement for infliction of serious bodily injury or death which has no common lawful purpose.

(b) It is a defense to prosecution under this section that the person's conduct:

(1) Was incident to the performance of official duty and pursuant to military regulations in the army, navy, air force, coast guard or marine service of the United States or the Tennessee national guard, or was incident to the performance of official duty in a governmental law enforcement agency or a penal institution;

(2) Was incident to engaging in a lawful commercial or business transaction with an organization identified in subdivision (b)(1);

(4) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance or scientific research;

(5) Was incident to displaying the weapon in a public museum or exhibition;

(6) Was licensed by the state of Tennessee as a manufacturer, importer or dealer in weapons; provided, that the manufacture, import, purchase, possession, sale or disposition of weapons is authorized and incident to carrying on the business for which licensed and is for scientific or research purposes or sale or disposition to the organization designated in subdivision (b)(1); or

(c) It is an affirmative defense to prosecution under this section which the person must prove by a preponderance of the evidence that:

(1) The person's conduct was relative to dealing with the weapon solely as a curio, ornament or keepsake, and if the weapon is a type described in subdivisions (a)(1)-(5), that it was in a nonfunctioning condition and could not readily be made operable; or

(2) The possession was brief and occurred as a consequence of having found the weapon or taken it from an aggressor.

[Acts 1989, ch. 591, § 1; 1990, ch. 1029, §§ 2, 11; 2001, ch. 375, §§ 3, 4; 2002, ch. 849, § 5.]

39-17-1307. Unlawful carrying or possession of a weapon.

(a) (1) A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4"), or a club.

(2) An offense under subdivision (a)(1) is a Class C misdemeanor, except it is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.

(b) (1) A person commits an offense who possesses a handgun and:

(A) Has been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon; or

(B) Has been convicted of a felony drug offense.

(c) (1) A person commits an offense who possesses any deadly weapon with intent to employ it in the commission of or escape from an offense.

[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 6.]

 

[bearcreek]

I may rub some folks the wrong way by saying this but I'm going to anyway. I would be more concerned about what laws regarding knives are enforced than about what the laws actually are. It's quite common for there to be technically valid laws on the books that are often overlooked or completely ignored by law enforcement. For example, in Ohio it's illegal for the police to arrest anyone on Sunday or the 4th of July, but they don't pay any attention to that law.

 

[jaysouth]

Jordan,

The opinion of posters here is worth exactly what you paid for it. Reading of statutes is a fool's game.

Find out what the local judges are doing in regard to this issue in your area. What is legal in one town may get you locked up in another town. It's called case law and can differ from statute.

I would not carry a fixed blade knife unless afield. It gives any cop an execuse to check you out and might provoke an unwanted response from another citizen. Anything from expression of fright to capping you. I surely would not get into any confrontations with anyone.

If he said "he reached for his knife and I had to shoot him" there would no one to publish your version.

 

[razorback2003]

It is against the law to carry a knife 'with intent to go armed' (carrying a knife for offense or defense) that has a blade longer than 4 inches. It does not matter if the knife is a fixed blade or pocket knife. If the knife has a longer blade, it should only be carried if you are using it as a tool, not with 'intent to go armed'.

 

[hso]

As pointed out, TN state law now sets the limit for blade length at 4" for fixed or folding knives if your intent is to go armed.

You should never claim to be carrying anything with the intent to go armed ("self defense" will be considered going armed). A knife is just a tool.

 

[PRM]

The opinion of posters here is worth exactly what you paid for it. Reading of statutes is a fool's game.

Find out what the local judges are doing in regard to this issue in your area. What is legal in one town may get you locked up in another town. It's called case law and can differ from statute.

And not knowing the law is worse. State statutes apply across all 95 counties, regardless of how lenient or hard the judge is. If you are within the statute's boundaries your good to go. Outside its parameters and your tossing the dice on who you are dealing with.


Case law does not come out of lower courts. General Sessions and Municipal Courts are not Courts of Record. Even the Circuit Court does not set case law. At the State level that is done by State Appellate Courts and the State Supreme Court.

Case law does not change from county to county. Judges at the lower court level can rule on their cases (and some are harder than others). The higher courts, when a case gets to them, looks at the law, not the
local judge's preferences.

"case law n. reported decisions of appeals courts and other courts which make new interpretations of the law and, therefore, can be cited as precedents. These interpretations are distinguished from "statutory law" which is the statutes and codes (laws) enacted by legislative bodies, "regulatory law" which is regulations required by agencies based on statutes, and in some states, the Common Law, which is the generally accepted law carried down from England. The rulings in trials and hearings which are not appealed and not reported are not case law and, therefore, not precedent or new interpretations. Law students principally study case law to understand the application of law to facts and learn the courts' subsequent interpretations of statutes." ~ Gerald N. Hill and Kathleen T. Hill.

"The concept of precedent, or Stare Decisis, means to follow or adhere to previously decided cases in judging the case at bar. It means that appellate case law should be considered as binding upon lower courts." ~ West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

 

[jordan1948]

My only intention would be to use it as a tool. See I work for a landscaping company and a fixed blade fits my needs more than a folding knife (can't stand dirt in the hinge).