First, 76-10-501 defines "Dangerous weapon." It appears there is no explicit list of what type of knife (for example, whether it is a folder, automatic, double-edged, dagger, etc.) or length makes it a dangerous weapon. For simplicity for this post and to err on the side of caution, I will assume that a carried knife will be deemed a "dangerous weapon." I also could not find any outright prohibitions on non-firearm weapons elsewhere.
Section 76-10-504, "Carrying concealed dangerous weapon," lists penalties for "a person who carries a concealed dangerous weapon." It appears that carrying non-concealed is fine, whereas carrying concealed is limited. Subsequently, 76-10-523 (2) indicates that the above subsection does "not apply to any person to whom a permit to carry a concealed firearm has been issued." This section, and the next (schools) are the same as for firearms.
Section 76-10-505.5 also prohibits dangerous weapons on or about school premises. There is an exemption for CFP holders, but it seems that the exemption only applies if all of (3)(a), (3)(b), and (3)(c) are met. Is this correct? (H.B.75 makes some changes, but not to this particular language.)
I did notice that in section 76-10-530, "Trespass with a firearm in a house of worship or private residence," reference is made to firearms, but not to "dangerous weapons." So it appears knifes are not restricted in this case, unlike the secure areas restriction (76-10-529), which applies to any dangerous weapon, whether firearm or not.
So I believe CFP holders can carry any knife or non-firearm weapon concealed where firearms are allowed (and houses of worship and residences). Is this correct?
And non-CFP holders can carry non-concealed. Definitely not in schools, but as I asked, I don't think a CFP automatically allows you to carry in schools either.
Any case law we should be aware of?
- Federal law prohibits switchblades on federal land http://www.law.cornell.edu/uscode/15/us ... -000-.html.
- I've also ommited restrictions for prohibited persons, minors, while commiting crimes, under the influence, threatening, etc.
- H.B.271 (2011) preempts municipal laws regarding knifes.