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Thread: Can I legally carry a fixed blade pocket knife?

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    Default Can I legally carry a fixed blade pocket knife?

    I've been considering getting a small fixed blade knife (2-3" blade) to carry in my pocket in place of my current folder. I've found older information about concealed carrying knives but nothing current?

    Does anyone know if we can carry a blade that size concealed or where I could find the law? I live in Anchorage and understand that may add a layer of complexity to the question.

    Thanks,
    Brian

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    Member akiceman25's Avatar
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    Hm.. I would think if one could carry a concealed handgun they could also carry a concealed knife.

    I'm curious now too...
    I am serious... and don't call me Shirley.

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    CCW... Concealed Carry WEAPON... unless things have changed, a CCW permit allows a legal weapon up to and including a firearm, to be carried concealed.

    I am not a lawyer and I have not read the statute lately, FYI.

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    There is a several hundred $$ fine if you do not declare you have a gun when approach by a officer I think that would also apply to any concealed weapon.

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    Quote Originally Posted by MacGyver View Post
    There is a several hundred $$ fine if you do not declare you have a gun when approach by a officer I think that would also apply to any concealed weapon.
    That's lame...so you're walking down the street and a uniform officer is walking toward you and you gotta yell out "I have a gun"...gotta be more to it than that. If you get pulled over for speeding or anything it's always a good idea to let the officer know you are armed regardless of what you may be carrying. How the officer/trooper or whatever handles it is up to him...over course, local laws may vary so check on them before carrying.
    Somewhere along the way I have lost the ability to act politically correct. If you should find it, please feel free to keep it.

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    That is not what he implied, it is the law here if you are pulled over or detained and have a CCW. You have to in form the trooper you have a CCW in the veh or on your person. In most cases if you do not in form the trooper once detained you can either lose your CCW card or be ticketed.
    Quote Originally Posted by Lowrider View Post
    That's lame...so you're walking down the street and a uniform officer is walking toward you and you gotta yell out "I have a gun"...gotta be more to it than that. If you get pulled over for speeding or anything it's always a good idea to let the officer know you are armed regardless of what you may be carrying. How the officer/trooper or whatever handles it is up to him...over course, local laws may vary so check on them before carrying.

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    Supporting Member iofthetaiga's Avatar
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    11.61.220. Misconduct involving weapons in the fifth degree.
    (a) A person commits the crime of misconduct involving weapons in the fifth degree if the person
    (1) is 21 years of age or older and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon,
    (A) that is concealed on the person, and, when contacted by a peace officer, the person fails to
    (i) immediately inform the peace officer of that possession; or
    (ii) allow the peace officer to secure the deadly weapon, or fails to secure the weapon at the direction of the peace officer, during the duration of the contact;
    (B) that is concealed on the person within the residence of another person unless the person has first obtained the express permission of an adult residing there to bring a concealed deadly weapon within the residence;
    (2) knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises;
    (3) being an unemancipated minor under 16 years of age, possesses a firearm without the consent of a parent or guardian of the minor;
    (4) knowingly possesses a firearm
    (A) within the grounds of or on a parking lot immediately adjacent to an entity, other than a private residence, licensed as a child care facility under AS 47.32 or recognized by the federal government for the care of children, except that a person 21 years of age or older may possess an unloaded firearm in the trunk of a motor vehicle or encased in a closed container of a motor vehicle;
    (B) within a
    (i) courtroom or office of the Alaska Court System; or
    (ii) courthouse that is occupied only by the Alaska Court System and other justice-related agencies; or
    (C) within a domestic violence or sexual assault shelter that receives funding from the state;
    (5) possesses or transports a switchblade or a gravity knife; or
    (6) is less than 21 years of age and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon, that is concealed on the person.
    (b) In a prosecution under (a)(6) of this section, it is an affirmative defense that the defendant, at the time of possession, was
    (1) in the defendant's dwelling or on land owned or leased by the defendant appurtenant to the dwelling; or
    (2) actually engaged in lawful hunting, fishing, trapping, or other lawful outdoor activity that necessarily involves the carrying of a weapon for personal protection.
    (c) The provisions of (a)(2) and (4) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.
    (d) In a prosecution under (a)(2) of this section, it is
    (1) an affirmative defense that
    (A) [Repealed, Sec. 7 ch 62 SLA 2003].
    (B) the loaded firearm was a concealed handgun as defined in AS 18.65.790; and
    (C) the possession occurred at a place designated as a restaurant for the purposes of AS 04.16.049 and the defendant did not consume intoxicating liquor at the place;
    (2) a defense that the defendant, at the time of possession, was on business premises
    (A) owned by or leased by the defendant; or
    (B) in the course of the defendant's employment for the owner or lessee of those premises.
    (e) For purposes of this section, a deadly weapon on a person is concealed if it is covered or enclosed in any manner so that an observer cannot determine that it is a weapon without removing it from that which covers or encloses it or without opening, lifting, or removing that which covers or encloses it; a deadly weapon on a person is not concealed if it is an unloaded firearm encased in a closed container designed for transporting firearms.
    (f) For purposes of (a)(2) and (e) of this section, a firearm is loaded if the
    (1) firing chamber, magazine, clip, or cylinder of the firearm contains a cartridge; and
    (2) chamber, magazine, clip, or cylinder is installed in or on the firearm.
    (g) Misconduct involving weapons in the fifth degree is a class B misdemeanor.
    (h) The provisions of (a)(1) and (6) of this section do not apply to a
    (1) peace officer of this state or a municipality of this state acting within the scope and authority of the officer's employment;
    (2) peace officer employed by another state or a political subdivision of another state who, at the time of the possession, is
    (A) certified as a peace officer by the other state; and
    (B) acting within the scope and authority of the officer's employment; or
    (3) police officer of this state or a police officer or chief administrative officer of a municipality of this state; in this paragraph, "police officer" and "chief administrative officer" have the meanings given in AS 18.65.290 .
    (i) In a prosecution
    (1) under (a)(4)(B) of this section, it is a defense that the defendant, at the time of possession, was authorized to possess the firearm under a rule of court;
    (2) under (a)(4)(C) of this section, it is a defense that the defendant, at the time of possession, was authorized in writing by the administrator of the shelter to possess the firearm.
    (j) In (a)(1) of this section, "contacted by a peace officer" means stopped, detained, questioned, or addressed in person by the peace officer for an official purpose.
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    Thanks iofthetiga,
    I guess it depends what is considered an "ordinary pocket knife" but it also seems to read that even if it is considered a deadly weapon if you declare it when approached by an officer you still have not committed this particular crime.

    i don't think that it is safe to assume that just because we can carry a concealed firearm we can carry a concealed knife of a certain type. The law doesn't always make sense or seem to apply common sense.

    Lowriders question can be answered by reading the top and the bottom of the posted law. The last part defines what it means to be contacted by a peace officer.

    Brian

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    Member Grayling Slayer's Avatar
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    Since 2013 all knives are legal to carry concealed including automatic and switchblades. http://www.akti.org/news/alaska-bill...fe-preemption/

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    Member AKDoug's Avatar
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    Quote Originally Posted by Lowrider View Post
    That's lame...so you're walking down the street and a uniform officer is walking toward you and you gotta yell out "I have a gun"...gotta be more to it than that. If you get pulled over for speeding or anything it's always a good idea to let the officer know you are armed regardless of what you may be carrying. How the officer/trooper or whatever handles it is up to him...over course, local laws may vary so check on them before carrying.
    Contact with a law enforcement officer means that he addresses you specifically in some manner, not just walking towards you.
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    Quote Originally Posted by AKDoug View Post
    Contact with a law enforcement officer means that he addresses you specifically in some manner, not just walking towards you.
    OK, but it still seems pretty nonspecific...seems a decent lawyer (if there are any) could get you out of it.
    Somewhere along the way I have lost the ability to act politically correct. If you should find it, please feel free to keep it.

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    Quote Originally Posted by Lowrider View Post
    OK, but it still seems pretty nonspecific...seems a decent lawyer (if there are any) could get you out of it.
    (j) In (a)(1) of this section, "contacted by a peace officer" means stopped, detained, questioned, or addressed in person by the peace officer for an official purpose.

    Seems pretty simple to me.
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    Quote Originally Posted by Grayling Slayer View Post
    Since 2013 all knives are legal to carry concealed including automatic and switchblades. http://www.akti.org/news/alaska-bill...fe-preemption/

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    I don't mean to say you are wrong- but that law was specifically for the assisted and automatic knives. NOT ALL knives are legal to carry or conceal. Push knives and double edged daggers are not, as well as size blade limitations for concealed as well as open carry. Please remember that municipalities have their own laws too.

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    Member hogfamily's Avatar
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    When I see questions like this I always wonder why the the local police or state troopers are not asked the question. Would that not be better than asking on a forum and getting answers from folks that think they might know the answer?

    I have asked local law enforcement and troopers questions and have either been told the answer or they researched and have gotten back to me.

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    Quote Originally Posted by AKBEE View Post
    Please remember that municipalities have their own laws too.
    According to HB 33 with pre-emption, the state law trumps all previous city/county laws pertaining to knives. I was wrong in my above statement.

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