Skip to comments.Can we open carry a machete ?
Posted on 07/07/2014 6:03:49 AM PDT by knarf
I was thinking the other day about otherwise law-abiding citizens, convicted in the past of a felony and what they could do to protect themselves ...
So what if a guy strapped a machete scabbard to his leg ... could he walk around WalMart without being asked to leave ?
Sounds like a silly question, but to those that are obeying the directive to remain un-armed and unprotected ... what do you do ?
My guess is that just as with firearms, regardless of the legality or illegality of an open-carry of a machete, you would be confronted and asked to leave, and if you did not, police would be summoned. Once confronted by the police, you would be disarmed, and if you resisted you would be beaten, tased, or shot, not necessarily in that order.
I would think no. Even if it were legal it would be asking for trouble. It would be better to invest in some martial arts training.
what about older, not so able to physically defend themselves .. people.
how drunk WERE you to get all the ‘nuh’s correct ?
One option is to perform many many acts of goodness and unselfishness so they are recognized and apply for a pardon.
Non-felons can’t even legally carry a long-bladed knife in most localities, and a machete is just a big knife.
here in S. FL, the landscapers open carry machetes all the time. It is the tool of choice and much quieter than a weed whacker! :-)
Only in a zombie apocalypse.
I think the restrictions should be lifted. If a criminal wants to get a gun, he will no matter what the restrictions say. As far as former felons are concerned, they’ve served their time.
“Reasonable” gun control is reasonably stupid.
Look at the case in Detroit where the scumbag killed the little girl to make her father suffer. Chances are neither man could legally own a weapon but I’d have certainly given the father a pass if he has shot the perp with an illegally owned weapon.
Or we could get all crazy about it and look at what the constitution says.
Mace and a stun gun might be the ticket unless there is some law restricting otherwise law-abiding citizens, convicted in the past of a felony of doing so.
I ccw, but in the rare times I do not I always carry mace.
I had that all figgered out back in grade school!
“Hmmmm ... what DOES one do for personal protection, then ?
what about older, not so able to physically defend themselves .. people.”
You don’t have to live in a war zone. I’ve had a permit for 20 years and I never carry. Being able to protect yourself still doesn’t make living on the front lines acceptable.
“what do you do ?’
You make an improvised weapon and hide it in plane sight.
Trick the gang bangers have used works pretty good.
Take a bunch of old keys put them on a heavy key ring. Tie the key ring to a length of looped cord you can put around your wrist.
Congratulations you’ve got yourself a flail.
You’ll not only slap someone silly, it’ll slice and dice while your at it.
We all want something for nothing.
In short, do not attempt this in California.
A good sharp knife is the way to go for me. I have a karambit that I carry everywhere. Not as good as carrying a 1911, but at least I’m never without a weapon. I have a Kukri that I would love to strap to my side,but hell it scares everyone who sees it.
The improvised flail is a good option. I like the paracord “self defense key fob” (A/K/A “Monkey Fist”), too. I prefer to use a larger steel ball than most of the instructions call for.
A convicted felon carrying anything that can be viewed as a weapon is just begging for another trip to the Graybar Hotel.
A framing carpenter’s hammer would make a formidable weapon.
Now you too can smell like Gimli!
I do all the time.
Well, I have one strapped to my ATV. It stays in a scabbard on my ATV. I need it when I am out on the land.
We sometimes find ourselves on state owned land but I never really gave it any thought. The two game wardens I have encountered didn’t give it a second glance.
“Cane swords. Hey look here, there would be alot more respect for the elderly if they all had cane swords.”
“I like the paracord self defense key fob (A/K/A Monkey Fist), too.”
Problem is there is no other purpose for it other than a weapon so it’s not hidden in plain sight, you’re displaying a weapon.
With 1/4# to 1/2# of brass keys you just have a lot of locks to open, you look just like a security guard.
Ever noticed some security guards have a bit longer than normal leather strap on that bunch of keys they wear on their belts?
It’s a weapon hidden in plain sight when they are not allowed to carry other weapons.
IIRC, it is illegal to possess a machete in New Jersey. I’m going to look it up now.
Not in most States. Outlawed specifically.
If the person has become a respectable part of society they can appeal the Court to get the conviction removed from their records.
New Jersey Knife Laws
njNew Jersey knife laws are wordy and oftentimes difficult to understand if one does not have formal legal education or training. This article takes New Jersey code and case law concerning knife ownership and carry and puts it into a language that makes it easy for anyone to understand what is legal and what is not.
What is Legal to Own
It is legal to own a Balisong, or butterfly knife
It is legal to own disguised knives like lipstick knives
It is legal to own a Bowie knife
It is legal to won throwing stars and throwing knives
Any weapon for which a person has an explainable lawful purpose for owning
What is Illegal to Own
It is illegal to own any weapon, with the purpose to use it unlawfully against the person or property of another
It is illegal for a person convicted of certain crimes (see below) to own a gravity knife, switchblade, dirk, dagger, stiletto, or other dangerous knife
It is illegal for certain mentally ill people to own a gravity knife, switchblade, dirk, dagger, stiletto, or other dangerous knife
It is illegal to own a gravity knife, switchblade, dirk, dagger, stiletto, or other dangerous knife with any explainable lawful purpose
A conviction for aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation, possession of a prohibited weapon, possession of weapon for an unlawful purpose, manufacture or transport of a prohibited weapon, unlawful possession or sale of a controlled dangerous substance, or endangering the welfare of a child prevents a person from owning certain types of knives in New Jersey.
Definition of Weapon
The New Jersey legislature has defined weapon as anything readily capable of lethal use or of inflicting serious bodily injury. It further states that the term includes gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives. In 1982, in State v. Brown, the New Jersey Appellate Court found that a person does not need to intend to use a knife as a weapon in order for it to be considered a dangerous knife, and therefore a weapon. This decision can make it difficult for a person to determine if a particular knife is legal to own, as it could be considered a dangerous knife, even if the owner has no intention of using it to harm another. However, because New Jersey law allows for the possession of a dangerous knife, by those who have a legal purpose for owning them, any knife may be considered legal if owned for a lawful purpose.
Definition of Lawful Purpose
The phrase lawful purpose was challenged in State v. Blaine, when Mr. Blaine was discovered carrying a folding knife with a 4 inch blade. The Court reasoned that because the knife carried by Mr. Blaine was not a gravity knife, switchblade knife, dagger, dirk or stiletto, those knives specifically mentioned by new Jersey statute as weapons, the defendant may escape a guilty finding, if the state cannot prove that he carried the knife for an unlawful purpose. As such, because there was no proof that Mr. Blaine did not carry the knife for a lawful purpose, he could not be found guilty of carrying an illegal weapon. The Blaine Court cited State v. Lee, in which the legislatures intent, when enacting the law prohibiting the carrying of certain knives, was examined. In Lee, the Court described this intent as addressing:
the situation in which someone who has not yet formed an intent to use an object as a weapon possesses it under circumstances in which it is likely to be so used. The obvious intent of the Legislature was to address a serious societal problem, the threat of harm to others from the possession of objects that can be used as weapons under circumstances not manifestly appropriate for such lawful uses as those objects may have. Some objects that may be used as weapons also have more innocent purposes. For example, a machete can be a lethal weapon or a useful device for deep sea fishing.
In 2000, the New Jersey Supreme Court further clarified lawful purpose in State v. Burford, by describing two categories of deadly weapons as well as a third category of weapons, that it said may take on the characteristics of a deadly weapon, but that may also have a wide variety of lawful uses. The Court said that when determining whether a defendant possessing a weapon that falls within this third class of weapons is guilty of the unlawful possession of a deadly weapon, one must look at the circumstances under which it is possessed.
Exceptions to Unlawful Possession of a Knife
A person may not be convicted of the unlawful possession of a knife if he or she is carrying the knife for hunting or fishing purposes, the knife is legal and appropriate for hunting or fishing, and the person has a valid hunting or fishing license. A person is also exempt from the unlawful possession statue if he or she is transporting a legal knife to or from a place for the purpose of hunting or fishing, so long as he or she has a valid hunting or fishing license. When carrying a knife for such purposes, the statute requires that it be locked in a box or the trunk of the vehicle in which it is being transported.
Restrictions on Carry
New Jersey statute does not impose any restrictions on the carrying of any legal knife. However, if a defendant is found carrying a gravity knife, switchblade knife, dagger, dirk, or stiletto (those knives specifically mentioned by New Jersey statute as a weapon), he or she may be charged with possession of a dangerous weapon, if there are circumstances which may lead one to believe that the knife is being possessed for an illegal purpose.
Definitions of Various Types of Knives
New Jersey code, 2C:39-1 defines a gravity knife as any knife that has a blade, which is released from the handle by the force of gravity or the application of centrifugal force (spinning the knife around). It also provides a definition for the term switchblade knife, which means any knife or instrument that has a blade, which opens automatically by pressing a button, spring, or other device on the handle. A ballistic knife, according the New Jersey statute is a weapon or other instrument capable of lethal use and which can propel a knife blade.
Knives Found in Vehicles
New Jersey code 2C:39-2, provides that when a weapon is found in a vehicle, it will be presumed to be in the possession of all of the occupants of the vehicle unless:
1. It is found on the person of one of the occupants, then it will be considered to be in his or her possession, OR
2. The weapon is out of view of the occupants (such as in the glove box), then it will be presumed to be in the possession of the person having access to such space, (the driver, owner, or person who rented or leased the vehicle), OR
3. The vehicle is a cab and the weapon is found in the passenger compartment, in which case it will be presumed to be in possession of all of the passengers and if there are no passengers, it will be presumed to be in possession of the driver of the cab.
Conclusion on New Jersey Knife Law
While persons who have been convicted of certain crimes or who are mentally ill may not possess dirks, daggers, switchblades, stilettos, or gravity knives, anyone else may own any type of knife they wish, as long as they have a lawful purpose for owning it, and do not intend to use it to harm another or his or her property.
New Jersey knife carry laws are quite unrestrictive, allowing for the open or concealed carry of any legal knife.
The laws in New Jersey are very vague about when it is legal to possess or carry a dirk, dagger, switchblade, stiletto, or gravity knife, and anyone carrying any of these knives in New Jersey should be very careful to avoid any circumstances, which may indicate that he or she is not carrying the knife for a legal purpose.
N.J. Stat. § 2C:39-1 (2013)
N.J. Stat. § 2C:39-2 (2013)
N.J. Stat. § 2C:39-4 (2013)
N.J. Stat. § 2C:39-5 (2013)
N.J. Stat. § 2C:39-6 (2013)
N.J. Stat. § 2C:39-7 (2013)
State v. Brown, 185 N.J. Super. 449 A.2d 1314 (App.Div. 1982)
State v. Blaine, 533 A.2d 980 (1987 N.J. Super.)
State v. Burford, 746 A.2d 998 (2000 N.J. Super.)
So, a machete is not specifically prohibited in N.J., but they can arrest you if they don’t buy your “legal purpose” for carrying it. Since this is New Jersey, I must assume that self-defense is NOT a legal purpose.
"That's a knife!"
I mostly use my Ninja skills. And pepper spray.
In some places, I think you can carry a baseball bat only if you have a baseball or glove (so it is not perceived as a weapon).
A staff or club is an effective weapon that can be in the form of ordinary items that you encounter.
Tae Kwon Do is a good choice.
As for carrying a blade. The walking cane sword combo is fun and fashionable.
“what about older, not so able to physically defend themselves .. people.”
Depends on how old I guess. If I were past a certain age, I’d just stop giving a hoot and carry the gun illegally. I’d take my chances with the jury.
When I was a kid I went to summer camp up in Maine. It was cool for each kid to have his own axe for chopping firewood, so I had one.. which I took on the planes with me going and returning from camp. Never had a problem with that... but I guess that wouldn’t work so well these days.
All about the intent...
In the end, I guess a jury will decide.
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