Does CWP cover knives...

[cha2ga]

of over 2 inches in blade length? From what I understand only blades of 2in and less are considered legal in SC. Will my CWP allow me to carry a knife larger that that legally? Where can I carry? Can I carry an assisted opener? How about an auto-opener?

[bbarton713]

The typical disclaimer...I am not a lawyer!

The short answer is yes it does but you have to do some reading and cross-referencing in the SC law in order to see that it is legal. A knife with a blade length over two inches is considered a weapon. However, if you are licensed to carry a concealed weapon you are ok. After all, it is a concealed weapon permit not a concealed handgun permit, an important distinction. The only real requirement would probably be that it not be over 12 inches in length since that's the limit on handguns.

There is nothing in the law that limits the type of knife as in auto-opening. The only real defining factor is that if it is under 2 inches in blade length it isn't even considered a weapon.

If you don't have a CWP you can openly carry a handgun and have a machete slung across your back as long as you're on your own property.

Some terms. You may see things in the Gun Law section of the SLED website that states: Article 4, Chapter 31 of Title 23: South Carolina Law Enforcement Division

Title 23 - Law Enforcement and Public Safety
Chapter 31 - Firearms
Article 4 - Concealed Weapon Permits

The first section we look at is:

SECTION 16-23-405. Definition of “weapon”; confiscation and disposition of weapons used in commission or in furtherance of crime.

(1) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, ‘weapon’ means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a knife with a blade over two inches long, a blackjack, a metal pipe or pole, or any other type of device or object which may be used to inflict bodily injury or death.

SECTION 16-23-460. Carrying concealed weapons; forfeiture of weapons.

Any person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, must forfeit to the county, or, if convicted in a municipal court, to the municipality the concealed weapon, and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days. Nothing herein contained may be construed to apply to (1) persons carrying concealed weapons upon their own premises or pursuant to and in compliance with Article 4 of Chapter 31 of Title 23, or (2) peace officers in the actual discharge of their duties. The provisions of this section do not apply to rifles, shotguns, dirks, slingshots, metal knuckles, or razors unless they are used with the intent to commit a crime or in furtherance of a crime.

[Red Hat]

The answer is no. You CWP doesn't cover knives. A SC CWP only covers firearms.

SECTION 23-31-210. Definitions.

(6) “Concealable weapon” means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self defense, defense of others, and the protection of real or personal property.

However the 2" blade limit was removed from the law 6/25/2008, Why they drag their feet posting changes on their web site is anyone's guess.

American Knife & Tool Institute (AKTI) Keeping Knives in American Lives

“We have a law,” AKTI lobbyist Palmer Freeman announced late in the day on Wednesday, June 25,
2008.

AKTI’s bill S968 cleared its final hurdle when both houses of the South Carolina legislature voted to
overturn the veto of Governor Mark Sanford. A 2/3 majority vote of members present in both houses was
required for the override.

Since the bill originated in the Senate, the 34 Senators present (of 46 total) started the process. They
voted 33-1 to override the veto. Two hours later, 105 Representatives present (of 124 total) registered
their collective voice with a 93-12 vote to overturn the veto.

The bill becomes law virtually immediately. Here are the pertinent amended sections:
Section 16-23-405 of the 1976 Code is amended to read: … 'weapon' means firearm (rifle, shotgun,
pistol, or similar device that propels a projectile through the energy of an explosive), a blackjack, a metal
pipe or pole, or any other type of device, or object which may be used to inflict bodily injury or death.
(Removes the phrase … “knives with blades longer than two inches”.)
Section 16-23-460 of the 1976 Code is amended to read: …
(C) The provisions of this section also do not apply to rifles, shotguns, dirks, slingshots, metal
knuckles, knives, or razors unless they are used with the intent to commit a crime or in furtherance of a
crime." (AKTI added “knives” to this list to reinforce removing the knife reference in 16-23-405.)
The governor’s veto, as he explained in his veto letter, was not prompted by the knife provision of the bill
that now makes it legal to carry a knife with a blade longer than two inches in South Carolina. The
governor expressed concern that a last-minute firearms carry amendment for lawmakers and state
employees was a demonstration of “self-interest” on their part. He saw his veto as another way to send
a message that he didn’t like the $6 million expenditure on statehouse security equipment that was
already nearly completed.

[cha2ga]

so what length knife can you carry now?

where can you carry knives?

can you use auto openers (or is that covered under Federal Law)

[Red Hat]

Nothing give a maximum length now. I carry a Kershaw Tactical Blur K1670TBLKST that has spring assist. I've never had anyone question it. It looks like some SC cities have their own laws on knives. http://www.handgunlaw.us/documents/USKnife.pdf
I've always heard auto openers/switchblades are legal to own but illegal to carry unless you have a medical reason to need it. In others words one arm, however I haven't found anything confirming this.

[cha2ga]

That's a nice knife. I wished they made it without the serrated edge or maybe I just need to understand why/how to use a serrated edge. I really like tanto blades and Kershaw is tough to beat for the money. Benchmade costs more, but I think it is just marketing as I don't see them as superior.

[Red Hat]

I love tanto tips and I only want knives with serrated blades. Serrated blades stay sharper longer than a standard edge. They actually self sharpen to an extent. They work great on cord, leather and plastics because of the sawing action.

[FN1910]

Thanks to Red Hat for that notice about the change in knife law. That one had slipped by me. As for a knife being covered by the CWP law I could make some snide comments but I refrain. The CWP in SC only covers those items in the definition by law and nothing else. That is a handgun less than 12 inches long. SC code provides where it is legal to carry a handgun without a CWP. These places include your property, pivate property where you have permission, your real place of business if you are the owner, in a motel room where you have paid rent, while you are hunting or fishing, and other defined places. Please note that in all of these places it does not say either OPENLY or CONCEALED, LOADED or UNLOADED. A CWP does not effect any of these laws. If you have permission to carry without a CWP then it does not make a difference and it only covers handguns. Do not get the handgun, longgun and other weapon laws confused.

A CWP makes it legal for you to carry a handgun concealed by normal wear of clothing in anywhere in SC that is not restricted by the laws covering the CWP. None of the laws covering guns cover knives, blackjacks or bombs. In SC it is called a Concealed Weapons Permit but I refer you back to the definition of a Concealed Weapon.

[jlh2003]

On this note, I attended a advanced carry & concelament class this weekend with BELT Training near St george and this topic came up.....SLED does NOT update their website when new statues are updated or changed do not rely on their website for accurate info go to the SC Code of Laws website for the most updated info http://www.scstatehouse.gov/CODE/titl16.html

ALso the two inch restriction does still exist if you are on school property only....I do believe....read for your self if needed

[Red Hat]

Thanks for the link but that link doesn't work because of the word 'CODE' in it is capitalized. This one works. Title 16, S.C. Code of laws - www.scstatehouse.gov - LPITS