Georgia Knife laws..

[Kornbread01]

Excellent thread, as I was never sure on some of this stuff, especially the "switchblade". And so many folks will tell you so many answers, too!

 

[ThePhantom]

I have a question concerning the knife laws; Basically city ordinances vs State law:

A friend of mine does contracting work, in Atlanta, and carries a concealed pistol along with a sheathed knife (I'm guessing a 6"-8" blade). He got hassled by a City of Atlanta police officer while in Lowe's this past week about the knife, who told him that even if he has a Georgia Weapons License that by city ordinance he can only have a knife blade of 2".

He's originally from upstate New York and isn't up to speed on his Georgia culture, so he asked me about this. I told him that the re-write of the law in 2012 was done so that there was some kind of Georgia State standard concerning knives, because before that each city/county had varying rules about knives (I vaguely remember a case about a guy who went to Wal-mart and was taken to jail not for the gun he was carrying, but because his knife was longer than the local ordinance allowed).

My understanding of the Georgia law is that if you have a GWL you can carry a knife, including one with a blade longer than 5". However, the City of Atlanta has an ordinance on the books http://library.municode.com/HTML/10...106OFMIPR_ARTVIWECO_DIV3POUS_S106-306KNRASIWE
that seems to contradict that.

Can anyone shed some light on this? Thanks

 

[Kornbread01]

I have a question concerning the knife laws; Basically city ordinances vs State law:

A friend of mine does contracting work, in Atlanta, and carries a concealed pistol along with a sheathed knife (I'm guessing a 6"-8" blade). He got hassled by a City of Atlanta police officer while in Lowe's this past week about the knife, who told him that even if he has a Georgia Weapons License that by city ordinance he can only have a knife blade of 2".

He's originally from upstate New York and isn't up to speed on his Georgia culture, so he asked me about this. I told him that the re-write of the law in 2012 was done so that there was some kind of Georgia State standard concerning knives, because before that each city/county had varying rules about knives (I vaguely remember a case about a guy who went to Wal-mart and was taken to jail not for the gun he was carrying, but because his knife was longer than the local ordinance allowed).

My understanding of the Georgia law is that if you have a GWL you can carry a knife, including one with a blade longer than 5". However, the City of Atlanta has an ordinance on the books http://library.municode.com/HTML/10...106OFMIPR_ARTVIWECO_DIV3POUS_S106-306KNRASIWE
that seems to contradict that.

Can anyone shed some light on this? Thanks

Here's the main problem: A-T-L-A-N-T-A....

 

[No2sc2]

Weird, they sell "switchblades" all over the Internet and I've known of some people who ordered them and got them with no problems. I believe state trumps the federal law if you're within your state. Federal try to stay away unless you bring big attention to yourself. Just like federal laws prohibits any felons from owning a gun but GEorgia has "First Offender Act" that allows Felons own guns.

Ballistic and switchblade's have a federal statues prohibiting possession, see below


Ga laws do not address automatic or switchblade so no way to be sure but there is a federal statute

United States Code TITLE 15 - COMMERCE AND TRADE CHAPTER 29 - MANUFACTURE, TRANSPORTATION, OR DISTRIBUTION OF SWITCHBLADE KNIVES
Section 1241. Definitions
As used in this chapter -
(a) The term interstate commerce means commerce between any
State, Territory, possession of the United States, or the District
of Columbia, and any place outside thereof.
(b) The term switchblade knife means any knife having a blade
which opens automatically - (1) by hand pressure applied to a button or other device in the
handle of the knife, or
(2) by operation of inertia, gravity, or both.

Section 1242. Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty
Whoever knowingly introduces, or manufactures for introduction,
into interstate commerce, or transports or distributes in
interstate commerce, any switchblade knife, shall be fined not more
than $2,000 or imprisoned not more than five years, or both.
Section 1243. Manufacture, sale, or possession within specific jurisdictions; penalty
Whoever, within any Territory or possession of the United States,
within Indian country (as defined in section 1151 of title 18), or
within the special maritime and territorial jurisdiction of the
United States (as defined in section 7 of title 18), manufactures,
sells, or possesses any switchblade knife, shall be fined not more
than $2,000 or imprisoned not more than five years, or both.
Section 1244. Exceptions
Sections 1242 and 1243 of this title shall not apply to -
(1) any common carrier or contract carrier, with respect to any
switchblade knife shipped, transported, or delivered for shipment
in interstate commerce in the ordinary course of business;
(2) the manufacture, sale, transportation, distribution,
possession, or introduction into interstate commerce, of
switchblade knives pursuant to contract with the Armed Forces;
(3) the Armed Forces or any member or employee thereof acting
in the performance of his duty; or
(4) the possession, and transportation upon his person, of any
switchblade knife with a blade three inches or less in length by
any individual who has only one arm.
Section 1245. Ballistic knives
(a) Prohibition and penalties for possession, manufacture, sale, or
importation Whoever in or affecting interstate commerce, within any Territory
or possession of the United States, within Indian country (as
defined in section 1151 of title 18), or within the special
maritime and territorial jurisdiction of the United States (as
defined in section 7 of title 18), knowingly possesses,
manufactures, sells, or imports a ballistic knife shall be fined as
provided in title 18, or imprisoned not more than ten years, or
both. (b) Prohibition and penalties for possession or use during
commission of Federal crime of violence
Whoever possesses or uses a ballistic knife in the commission of
a Federal crime of violence shall be fined as provided in title 18,
or imprisoned not less than five years and not more than ten years,
or both.
(c) Exceptions
The exceptions provided in paragraphs (1), (2), and (3) of
section 1244 of this title with respect to switchblade knives shall
apply to ballistic knives under subsection (a) of this section.
(d) Ballistic knife defined
As used in this section, the term ballistic knife means a
knife with a detachable blade that is propelled by a
spring-operated mechanism.

 

[alnen]

I have a question concerning the knife laws; Basically city ordinances vs State law:

A friend of mine does contracting work, in Atlanta, and carries a concealed pistol along with a sheathed knife (I'm guessing a 6"-8" blade). He got hassled by a City of Atlanta police officer while in Lowe's this past week about the knife, who told him that even if he has a Georgia Weapons License that by city ordinance he can only have a knife blade of 2".

He's originally from upstate New York and isn't up to speed on his Georgia culture, so he asked me about this. I told him that the re-write of the law in 2012 was done so that there was some kind of Georgia State standard concerning knives, because before that each city/county had varying rules about knives (I vaguely remember a case about a guy who went to Wal-mart and was taken to jail not for the gun he was carrying, but because his knife was longer than the local ordinance allowed).

My understanding of the Georgia law is that if you have a GWL you can carry a knife, including one with a blade longer than 5". However, the City of Atlanta has an ordinance on the books http://library.municode.com/HTML/10...106OFMIPR_ARTVIWECO_DIV3POUS_S106-306KNRASIWE
that seems to contradict that.

Can anyone shed some light on this? Thanks

Just like guns, knives over 5" are protected by preemption in our state law. This means that local ordinances (such as Atlanta) are null and void while carrying a valid GWCL, so long as you follow the law concerning your GWCL.

Smaller knives are not covered by preemption currently, so technically a small knife can be prohibited by local ordinance. Check out georgiapacking.org to read up on the law and ask questions. Those guys are on top of it (most of them). Biggest thing is to read the law and know exactly what it says.