Author Topic: Knife Laws  (Read 3289 times)

Offline Jack_F

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Knife Laws
« on: December 02, 2012, 09:53:27 AM »
http://www.handgunlaw.us/documents/USKnife.pdf

Do you know your local knife laws?
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Offline backupr9

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Re: Knife Laws
« Reply #1 on: December 02, 2012, 08:58:46 PM »
Good reference.  Thanks for posting. 
"Those who would sacrifice a little freedom for a little order, will lose both, and deserve neither." 
Thomas Jefferson

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Offline Richard S

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Re: Knife Laws
« Reply #2 on: December 03, 2012, 08:52:31 AM »
Tennessee law provides at T.C.A. § 39-17-1307that: ""a) (1) A person commits an offense who carries with the intent to go armed . . . a knife with a blade length exceeding four inches (4'') . . . ." (Emphasis supplied.)
"(2)  (A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500).

In addition, T.C.A. § 39-17-1302(a)(7) prohibits the intentional or knowing possession, manufacture, transport, repair, or sale of a "switchblade knife," with section (d) (4) providing that violation of that prohibition is a Class A misdemeanor. Pursuant to T.C.A. § 40-35-111 (e) (1), such offenses are punishable by not greater than eleven (11) months twenty-nine (29) days in jail or a fine not to exceed two thousand five hundred dollars ($2,500), or both.

As reflected on the chart posted by Jack, some municipalities in Tennessee have adopted ordinances which impose additional restriction on carrying knives within their jurisdictions. A fine for a municipal ordinance violation generally may not exceed $50. (See City of Chattanooga v. Davis and Barrett v. Metropolitan Government of Nashville and Davidson County, 54 S.W. 3rd. 248 (Tenn. 2001).) It is questionable whether any municipal court in Tennessee may impose jail sentences for municipal ordinance violations. The only exception may be the willful non-payment of a fine for an ordinance violation. (T.C.A. § 40-24-104, Tate v. Short, 41 U.S. 395, 28 L.Ed. 2d 130 (1971).)

As previously noted, you should know your state and local requirements in this area to avoid any possible "unpleasantness" that might escalate into a situation that jeopardizes even your CCW permit.


It is questionable that any municipal court in Tennessee can impose a jail sentence for a violation of any of its ordinances



The phrase, "intent to go armed," can cause confusion and is ultimately a question of fact for determination in any trial. Also, some municipalities have enacted ordinances that are more stringent than the provisions in the Tennessee Code. The question of whether the State statute preempts any more stringent municipal ordinance is unsettled. However, since the the State statute allows municipalities to
(1963-1967) "GO ARMY!"