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 Message Boards » » Question for Jackleg and CJ ppl Page [1]  
Beardawg61
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Say I was on a college campus, with a weapon... not a gun, I'm not quite that stupid, but perhaps a knife... and I was under attack or even defended another who was under attack. What would be the legal repurcussions (sp). If it was self-defense or defense of another?

3/24/2006 12:37:35 PM

Restricted
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Isn't there like 500 threads on this?

3/24/2006 12:38:33 PM

Wolfpacker06
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Depends on the size of the knife as to if it were legal to have on campus in the first place. I think that if the blade is less than 3 inches long, you're ok to carry it.

Now as far as using it, I think they would end up arresting you but depending on circumstances, not charging if you acted totally in self-defense or in the defense of an innocent.

3/24/2006 12:39:38 PM

Beardawg61
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^^I dunno

Seriously, the size of the knife is an issue? Size matters?

I'm not joking. They used BOX-CUTTERS on 9/11!

[Edited on March 24, 2006 at 12:41 PM. Reason : size]

3/24/2006 12:39:56 PM

omghax
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If the weapon is allowed, no repurcussions. If not, prepare to face consequences for possession of the weapon, but not anything for defense. A clean defensive situation is just that. If it's questionable, there may be bigger problems.

3/24/2006 12:40:19 PM

Beardawg61
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That makes sense to me. But what is legal regarding weapons?

3/24/2006 12:46:59 PM

Restricted
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Quote :
"Provisions for the legal concealed carriage of long or fixed blade knives, switchblades, or other types of generally prohibited weapons, do not exist. Generally speaking, there is no prohibition against open carry of handguns, nor the open carrying of certain types of knives that would normally be considered illegal if carried in a concealed manner. As stated in § 14-269(d), the concealed weapons law "does not apply to an ordinary pocket knife carried in a closed position." The statute goes on to define an "ordinary pocket knife" as "a small knife, designed for carrying in a pocket or purse, that has its cutting edge and point entirely enclosed by its handle, and that may not be opened by a throwing, explosive, or spring action." This law does not specifically regulate the maximum length of a pocket knife's blade, however there may be common-law restrictions based on the rulings of past cases before state courts. Click here for some examples of case law. Generally, four (4) inches is considered a maximum reasonable length for most common pocket knives, before they could be considered concealed weapons. However, this may not be considered a limitation for the prosecution of "possession of weapons on educational property" as defined in 14-269.2(d). After all, a knife, no matter what kind or how small, is considered an "edged instrument"."


Packing.org

3/24/2006 1:02:02 PM

msb2ncsu
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If you have to ask its probably illegal.

3/24/2006 1:03:44 PM

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Quote :
"Excerpted from the North Carolina, Concealed Carry Handgun Training Manual, Published by the North Carolina Justice Academy, Written by Inst. Steve Johnson:
1) North Carolina Common Law
Use of force to protect a person
(1) Justified Self-Defense

A citizen is legally justified in using deadly force against another only if: (a) The citizen actually believes deadly force is necessary to prevent an imminent threat of death, great bodily harm, or sexual assault and
(b) The facts and circumstances prompting that belief would cause a person of ordinary firmness to believe deadly force was necessary to prevent an imminent threat of death, great bodily harm, or sexual assault, and
(c) The person using deadly force was not an instigator or aggressor who voluntarily provoked, entered, or continued the conflict leading to deadly force, and
(d) Force used was not excessive - greater than reasonably needed to overcome the threat posed by a hostile aggressor. (2) Duty To Retreat Before Using Deadly Force Unless and exception such as those listed below applies, a citizen must retreat before using deadly force if retreat is possible.
Exception
A. There is no duty to retreat before using deadly force if the assault threatens imminent death or great bodily harm - a murderous or felonious assault or sexual assault.
Exception
B. There is no duty to retreat before using deadly force if the victim is on his or her own premises, or on his or her business premises, or is at home. (4) Deadly Force in Defence of Others
A Citizen may intervene and use deadly force in defence of another person when, under the facts and circumstances, it reasonably appeared necessary to save the other person from imminent threat of death, great bodily harm, or sexual assault but only to the extent the other person was entitled to use deadly force in self-defence.
(5) Deadly Force MAY NOT Be Used:
(a) To Stop a Simple Assault.The exact point in time a simple assault becomes deadly is often unclear. Repeated blows to vital body areas, choking, continued beating on a helpless or weakened victim, are some indicators.
(b) Because of the Use of Violent Language § 14-277.1. Communicating threats.
(c)] Because You Are a Victim of Past Violence and Fear Future Violence
(d) Because a Trespasser Refuses to Leave
(e) To Arrest a Criminal or to Prevent a Criminal's Escape
b. Use of force to protect property
The law does not permit the use of deadly force solely to protect property, or to prevent
theft, or to regain stolen property. An owner CANNOT shoot at a thief - before, during, or
after a theft. The same rule prohibits deadly force to prevent injury or vandalism to property. A different rule applies if life is imminently threatened at the same time property is taken. Deadly force used to prevent an armed robbery is force used to protect life, not to protect property."

3/24/2006 1:03:44 PM

Beardawg61
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thx, the 4" part is what I was looking for, although apparently I should be careful how I open it.

3/24/2006 1:05:31 PM

darkone
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NCSU Rule:

14.1.23 Weapons

Unauthorized use, possession or storage of any weapon on University premises or at University sponsored activities. The term weapon includes but is not limited to: gun, rifle, pistol, bow, dynamite cartridge, bomb, grenade, mine, bowie knife, dirk, dagger, sword, num-chucks, sling shot, leaded cane, switch-blade knife, black jack, metallic knuckles, stun gun, and knife with a blade five or more inches in length. It also includes chemicals such as "mace," "pepper spray" or tear-gas (if used in an illegal manner)

http://www.ncsu.edu/policies/student_services/student_discipline/POL11.35.1.php

3/24/2006 1:38:33 PM

Wolfpacker06
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^sweet, so you're good up to 5 inches if it folds

Also, they aren't kidding about numchucks...my roomate freshman year had some padded practice numchucks confiscated by the RA.

3/24/2006 1:54:37 PM

nastoute
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why would jackleg know?

3/24/2006 1:56:18 PM

Skack
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A few years ago some dude was getting chopped up with a machete and beat with some num chucks on Capital Blvd, so he pulled out his gun and I think he shot one of the guys. He was charged with carrying a concealed weapon, but I'd imagine he didn't really give a fuck considering he was catching a serious beatdown.

3/24/2006 2:02:34 PM

jackleg
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^^ WWJK?

3/24/2006 2:03:59 PM

nastoute
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jackleg

paralegal

3/24/2006 2:05:32 PM

Byrn Stuff
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Quote :
"and that may not be opened by a throwing, explosive, or spring action"


Is that in reference to switch blades or any blade that has a spring that helps it open?

3/24/2006 2:49:02 PM

cyrion
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my knife is opened by an incendiary grenade

3/24/2006 2:51:16 PM

Restricted
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Pretty much any auto knife

3/24/2006 2:51:33 PM

Sonia
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Are sai OK? (13", no more than 3lb?) What if you're carrying this stuff around for PE or if CALS comes up with an 18th century Okinawan rice processing lab?

3/24/2006 2:58:16 PM

Beardawg61
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^LMAO

3/24/2006 3:47:01 PM

omghax
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Quote :
"Is that in reference to switch blades or any blade that has a spring that helps it open?"


I believe spring-assist is OK. However, if it can open with the force of the spring only, then it's no good.

3/24/2006 4:01:44 PM

Novicane
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Quote :
" num-chucks"


FUCK

3/24/2006 4:21:40 PM

Beardawg61
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I have your stuff in my locker...

3/24/2006 10:31:51 PM

richthofen
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Ah, shit. Guess I gotta take those land mines out of the trunk of my car before going to work on Monday.

3/24/2006 11:48:28 PM

Beardawg61
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does the fact that I could theoretically flip a theoretitcal 4" knife in order to open it disqualify it..?

[Edited on March 25, 2006 at 12:51 AM. Reason : sp]

3/25/2006 12:50:32 AM

colter
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a spring assist knife is ok, like a kershaw or camillus. anyone can buy an automatic knife ( ie one that opens with the push of a button or switch) but only a 1st responder or a one armed man can legally carry one. That means its limited to police, military, firefighters or EMT's. However as long as you're a law abiding citizen, cops usually don't have a problem with it. get a spring assist knife and save the hassle. in NC 3.75 inches is the longest blade length on a knife you can carry concealed. if its clipped in your pocket so a portion of the knife may be seen, it is not concealed.

3/25/2006 12:51:11 AM

Beardawg61
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^that explains the design of the hypothetical knife... the clip.. the blade not being quite 4"...

3/25/2006 12:53:48 AM

Lucky1
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i dont understand why switchblades are illegal. My kershaw blackout with spring assist works just as fast as any switchblade, but it is legal.

3/25/2006 1:10:20 AM

omghax
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^ People were scared of them because they were portrayed as the 'weapon of choice' of gangs. Nothing more than feel-good legislation, most likely.

3/25/2006 1:31:29 AM

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