Hunting Knives With Leather Case

can you be charged with concealed weapon?

in ohio if you get pulled over and cop asks is there any weapons in car you give him a hunting knife 3in blade in leather case on floor in back can they get you for concealed weapon

Simple answer? No.

However, it is slightly more complicated than that. Generally – and this is up to the interpretation of the officer in question, but there are legal precidents – in order for something to be a concealed weapon it must be:

1) A weapon. – I’m not 100% sure, but I think in Ohio 3″ are legal for carry, and may not be classified as a weapon – unless there is intent to USE as a weapon. (I’ll get back to that in a second)

2) Concealed. – This definition varies, but generally means that whatever it is cannot be easily identified on the person by someone else without an “active” search. (typically a pat down of some sort.) Therefore, knives with pocket clips are considered “not” concealed.

3) Available for use. – Again this defination varies, but it generally means that the person is actively “carrying” the weapon as opposed to “transporting” it. So, a weapon in a locked case in a locked trunk is being “transported” a weapon in a wrist sheath is being “carried”. Thus, while it is open to interpretation, a knife in a leather case in a trunk or in the back of a station wagon is generally not considered to be “carried”. Back seat is something of a gray area. If the case is zippered shut, that would contribute to it not being considered to “carried”.

Now coming back to the weapon standard. This is more complicated than with a firearm. For example, how does a chef transport his kitchen knives from job to home? Many are extremely large, but they are not classified as weapons, because there is no intent to use them as weapons. (as ridiculous as this sounds this means that up until the moment the chef has to defend himself with a butcher knife, it isn’t a weapon, but when he or she does, it now becomes a weapon and they will likely get cited for carry of an illegal weapon. The case law is out there for that.) So, if you are asked why you have the knife, the answer is always that it is for some sort of utilitarian reason.

Now, as you can see, if the cop wants to cite you for carrying a concealed weapon he certainly can, and you’ll have to fight it afterwards. However, there is a basis for a definition of this.

Finally, of course all of this shifts whether you are in city or in country, etc.

Thinkingblade

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