Understanding OTF Knife Laws in North Carolina: What You Need to Know

OTF Knife Basics

Over the past decade, OTF knives have been one of the fastest growing categories of knives amongst enthusiasts, collectors, and even professionals. The appeal of OTFs are easy to see. On the enthusiast side, their smooth movement and gorgeous mechanisms are simply fun to play with. Professionals such as paramedics or soldiers like their quick usability as well as potentially safer action than a stud/flip action knife.
OTF stands for Out-the-Front knife, which means the blade "emerges from the front of the handle" instead of pivoting open from the top or rear. Mechanically, there are two basic types of OTF’s: single-action and double-action. Single-Action OTFs work by removing the slide at the top of the handle and exposing the blade where it will pivot out smoothly. The AKC Attilio Mastrodacosa Talon III is a great example. Single-action OTFs are often substantially less expensive than double actions because they are much less complex. The biggest downside to single-action OTFs are that the blade cannot be retracted using the firing mechanism. Instead , you must manually flick it closed with your thumb.
Double-Action OTFs, commonly abbreviated to DAO, are much more complicated because they utilize a spring at each end of the knife. Pull back the firing mechanism, and it sends the blade forward. Push it back the opposite direction, and it retracts back into the handle. The ubiquitous Microtech Ultratech is the most famous DAO OTF. DAO’s allow for a longer blade length on average, but utilize a thinner stock so the weight is closer to a typical folding knife. That said, the extremely high quality materials and manufacturing process necessary to make a DAO knife properly makes DAO’s very expensive. If you can find an OTF under $150, it will almost certainly be a single-action style. Otherwise, expect the starting price for DAO’s to be between $300-$500.

Are OTF Knives Legal in North Carolina?

The legality of OTF knives in North Carolina can be somewhat complex and depends on several factors. Under North Carolina’s general criminal statutes, any knife with a blade that is longer than three inches is considered a weapon of mass death or destruction proscribed by the statutory subsection addressing "weapons of mass death and destruction" (N.C.G.S. § 14-288.8). The statute provides that weapons of mass death and destruction are a Class H felony if there is no intent to use it; but if the intent is to use it, then it is a Class D felony. Moreover, as those who possess an item featuring this section will know it applies generally to knives and daggers.
However, in addition to having their own punishment range, guns may not be carried in a public place, subject to certain exceptions. It is generally considered illegal in this state to carry a "dagger, bowie knife, dirk, stiletto, or other similar dangerous weapon…" While it might seem that a knife is equivalent to a "dagger" or "dirk," the law does not explicitly mention "knives." Nevertheless based upon the Supreme Court’s discussion of "knives" and "daggers," it has been interpreted that daggers do include knives so it is reasonable to conclude that this section includes both daggers and knives as both share the quality of being both sharp and pointed.
Aside from an instrument being classified as a weapons of mass death or destruction or being a dirk, dagger or a stiletto, North Carolina also has more specific provisions applicable to knives and weapons in public places. In the city of Charlotte, North Carolina General Statute § 14-269.2(b) states that, "It shall be unlawful for any person to carry or possess on the person’s person, while in any public location a sword, Bowie knife, dirk, or dangerous weapon of like kind, under circumstances such that a person of ordinary sensibilities would reasonably fear for the person’s safety or the safety of others."
Similarly, the University of North Carolina General Statute § 14-277.2(a) provides that, "it shall be unlawful for any person to carry concealed on his or her person a bowie knife, a dirk, a dagger, a pistol, a slingshot, a shotgun, a blow gun, a stun gun, a variety of air guns, a rifle, a trench knife, a brass knuckles, a sword cane, a dagger, a shuriken, a nunchaku, or a pole with a sharpened end unsecured or in a sheath, provided that nothing in this section shall be construed as prohibiting the possession of these weapons while in the state of North Carolina or when an individual is engaged in a lawful outdoor activity, such as hunting or target shooting."
This subsection is actually nearly identical to its Charlotte counterpart, except that it makes express provision for like items such as stun guns and air guns.
Knives like the OTF are generally seen as prohibited because the law uses the broad term "dagger," which is used to encompass knives with double-edged blades. This seems like a large net, but in fact is a specific weapon category. Whereas, OTF knives are automatically thought to have only one edge of sharpened material, only before the mechanism is released. However, these knives, which are actually known technically as OTF knives, once the blade is activated, the blade is entirely exposed and capable of being seen and are now very similar to a switchblade. North Carolina, along with several other states, banned switchblade-like knives in the twentieth century and prohibited them for public carry. Thus, people have indeed been arrested for the open carry of OTF knives in this state, despite the fact that they often cannot be double-edged in nature. However, these statutes are increasingly difficult to interpret and the laws may vary based on your location. Therefore, it is strongly encouraged to research your local laws for any nuances.

A History of Legal Commentary

In addition to the laws directly related to automatic knives, it is also important to understand how those laws came about. How did they get there? Because of their effect on OTF knives, it is vital to familiarize yourself with these issues. For the most part, OTF knives were not an issue. Beginning in the 1950s, police agencies began to notice them, but the laws were clear. OTF knives were not illegal. They weren’t listed as illegal knives and that was fine with everyone. There are many blades prohibited by law in North Carolina, such as swords, machetes, double edged knife, knives exceeding 4 inches, or switchblades. None of these laws impact OTF knives. When a knife appears on a state statute, then this will affect its legality.
North Carolina has an interesting past regarding the legality of knives. On October 1, 1979, North Carolina adopted its current General Statutes. At that time Section 14-269.2 established the guidelines that governed the legality of knives. It prohibited switchblade knives, ballistic knives, penetrating or stiletto knives, or daggers with blades over four inches. With the way the law was codified, it had no effect on OTF knives. Even though OTF knives are not specifically mentioned, the law still covered them and OTF knives were perfectly legal at this time. The law should have been clear. All knives are legal except those indicated, and since OTF knives were not listed, they were legal. However, clarity was not to be the law’s legacy.
In 2002, the year 14-269.2 was scheduled for recodification, but at the time no one noticed that OTF knives had fallen through the cracks. Several years after, in 2006, the bill for recodification of the statute was finally passed without a single change to 14-269.2. No offense there, right? Well, it is sort of like your birth certificate goes missing. All you need to do is ask the doctor to fill out another copy for you. Then you are born again. Well, that is what happened in 2006.
For some reason, when 14-269.2 was recodified, the list of banned knives was changed. Apparently, the General Assembly made a very large mistake. Instead of 14-269.2 originally being a legally defined list of banned knives, 14-269.2 was treated similar to a code section that prohibited all knives and then listed those that were allowed. In other words, 14-269.2 was originally intended to allow all knives except switchblades, ballistic knives, penetrating or stiletto knives, or daggers with blades over four inches. However, the 2006 bill was incorrectly passed and all knives were then prohibited with the exception of the few listed.
This was the law of the land in 2006. Apparently everyone was okay with this huge mistake. For three years no one challenged this law. For two years after that, no one challenged the law either—the implications for OTF knives were too serious. Then in 2011, the AOTK (Americans for Open Toolkits) began to challenge the legality of OTF knives by filing a challenge in 2011 under the law in 14-269.2. The case made its way up through the courts over the next three years, becoming somewhat convoluted.
The result of the AOTK lawsuit was the North Carolina Court of Appeals ruling on December 19, 2019. When reviewing the petition and the stipulations of the AOTK and the District Attorney, Judge Chris Dillon determined that the bill passed in 2006 was an unconstitutional bill of attainder, and that the State of North Carolina had violated the separation of powers doctrine—both in violation of the General Assembly’s intent. The ruling found that the law, with the exception of the first sentence in the section of the bill, had the same legal force as 14-269.2 as it had existed in previous iterations.
The question remains: What does this do for OTF knife legality? At this point, it is difficult to say. There are many other cases moving through our court systems which could have an impact, and the District Attorney has approved an appeal to this specific case. As a result, until the dust settles on this issue, you should take caution when carrying OTF knives and carry them at your own risk.

Legislative History and Interpretation

In the past few years, there have been efforts in both the North Carolina General Assembly and in our courts to address the question of whether knives with an automatically extending blade are considered ‘switchblade knives’ under North Carolina law. When these types of knives are laterally folded, the blade is concealed and does not ordinarily lock in place. When the blade is deployed, a portion of the knife must be held in order to keep the knife from closing. The blade deploys when the mechanism (e.g., a button or lever) is activated (manually, pneumatically, or electrically). These types of knives are often referred to as ‘Out the Front’ (OTF) knives.
First, consider the judicial branch. In 2010, in State v. Fulcher, 365 N.C. 314 (2011), the North Carolina Supreme Court held that the term ‘switchblade knife’ in the North Carolina concealed carry statute, N.C. Gen. Stat. § 14-269, did not embrace OTF knives. In Fulcher, the Court focused on the meaning of the term ‘switchblade knife’ within the context of the dictionary definition, rather than its use in the context of the conceal carry statute which describes prohibited conduct related to concealed carry. Importantly, the Court looked to federal legislation (the Federal Switchblade Knife Act, 15 U.S.C. § 1241) for guidance on the meaning of the term ‘switchblade knife.’ Fulcher’s holding was subsequently adopted in other cases: State v. West 216 NC App 226, disc review denied, 100 -NC 572 (2011).
Also in 2010, in State v. Cathey, 197 N.C. App. 730 (2009), the decision on appeal was under ‘certified question.’ In the certified question, the Court of Appeals was instructed by the trial court to answer whether the term ‘switchblade knife’ within the context of N.C. Gen. Stat. § 14-269 included OTF knives. The Court of Appeals answered the certified question in the negative.
Consider next the legislative branch. In 2015, the North Carolina General Assembly passed S.L. 2015-72, which amended N.C. Gen. Stat. § 14-269 to add G.S. § 14-269.2. This new statute revises the list of prohibited weapons to include "any knife or other device that has a blade that is released by a spring or other mechanical device and, when released, opens to an extent automatically by force of gravity, inertial force, or both and may be closed only by manual hand pressure" (emphasis added). Excluded, however, are daggers, stilettos, and ice picks.
In its analysis, the legislature stated that "OTF knives do not have blades that are released by a spring or other mechanical device nor do they open automatically by force of gravity or inertial force[, rather] [t]hey have a blade that is released by a spring or other mechanical device and opens automatically by force of gravity or inertial force." Accordingly, the legislature indicated its view that OTF knives are not prohibited under the new law.
Recently, court decisions have recognized the impact of the 2015 change in the law. In State v. Rogers, decided earlier this year (2019), the North Carolina Court of Appeals followed Fulcher in holding that OTF knives are not ‘switchblade knives’ but also raised the statutory construction argument that the legislature, as a body has the sole power to define the terms it has used in the statutes.
As the General Assembly revisits preemption in its next session, an increased body of legislative and judicial authority will support the argument that OTF knives are not prohibited under the law. However, absent a legislative change, you may encounter law enforcement officers who do not yet understand the application of the law under Cathey.

OTF Knife Laws in Neighboring States

The prominence of knives as self-defense tools has led to a number of states adopting knife-carry laws or regulations that affect knives including knives with out-the-front (OTF) openings. Knife laws, including North Carolina knife laws that involve carry restrictions, commonly group OTF knives into a broader classification. The implications are sweeping and can affect the legal definition of how a knife is considered for theft offense purposes (versus general misdemeanor weapon offense provisions). Key questions often become subtle differences in how state knife laws affect theft offenses. North Carolina law provides that a "bowie knife, dirk, dagger, pistol or bowie knife" is considered a "deadly weapon." In fact, North Carolina law says that the words "dagger, dirk, pistol, or bowie knife" shall include any knife or any other article (including any pocket knife) that may be "readily" used as a stabbing weapon. Surprisingly, under North Carolina law, as opposed to being considered a weapon (regardless of purpose) in aggravated assault scenarios, possession of any of the above-referenced knives for any lawful purpose, is a non-felony offense. The parallel question is how North Carolina’s OTF knife carry restrictions compare with those in other states. OTF knife laws comparisons in most states revolve around comparative possession classifications, including open carry, concealed carry, case carry and point-to-point carrying. For example, in South Carolina, OTF knives are legal for open carry without restrictions, but carry for other purposes may be regulated. In Georgia, OTF knives are legal to posses and carry in public, although public transport of such knives is considered illegal carry of a deadly weapon . In New Hampshire, there is no prohibition of even concealed carry of OTF knives in public areas. OTF knife laws in Texas, however, contain similar prohibitions in that state against possession in vehicle or hotel room. In Virginia, OTF knife possession is legal and possession in vehicle is considered a legal defense for prosecution of weapons possession charges. In Louisiana, OTF knife possession is prohibited in certain areas, including schools and churches, but is otherwise legal statewide. OTF knife laws in North Carolina appear to be more stringent than those in many other states. However, a North Carolina resident in possession of an OTF knife should exercise caution. Differences in laws in some bordering states may expose North Carolina residents to isolated risks. For example, since Georgia permits OTF carry, North Carolina residents may be more vulnerable to being charged with illegal carry in Georgia from a stop-off in Georgia while in route from or to North Carolina. Similar notable inter-jurisdictional differences may be found involving interstate travel that incorporates Virginia. Since knives are not strictly controlled in Virginia, North Carolina residents may be unprotected against incidental possession violations in Virginia. It is important to note that as with the case of all knife laws across state lines, unlike firearm violations, which are strictly federal offenses and prosecuted in federal courts, knife laws are enforced only at the state level. So, even though practical knife violations across interstate lines may be difficult to ferret out, knife laws are primarily state offenses that will generally be enforced by state law enforcement agencies.

Penalties for Illegal Carry of OTF Knives

If an individual is found to be in possession of an OTF knife, and that person cannot provide evidence of a concealed carry permit issued by the state of North Carolina, he or she may be charged with a Class I felony. A Class I felony is the most minor class of felony in the state of North Carolina. Generally speaking, a Class I felony conviction will result in a minimum sentence of incarceration for six to 12 months. However, this sentence can be suspended in lieu of probation upon a guilty plea or conviction.
Under such a probation arrangement, the convicted individual will be required to adhere to a variety of restrictions and meet specific obligations, including refraining from using or possessing alcohol or controlled substances. The convicted party must also comply with all terms of the judgment and submit to periodic testing and reports to the court. In almost all cases, a convicted individual will benefit from a suspended sentence that keeps him or her out of prison.
The aforementioned circumstances typically apply only to individuals who possess an OTF knife but do not hold a valid concealed carry permit. However, if the overtly dangerous nature of the knife or the manner in which it was carried is deemed to be particularly egregious or if the knife is used to commit a crime, the individual carrying the knife may face much harsher penalties.
For example, if an individual brandishes an OTF knife toward another individual to intimidate him or her, that person may be charged with a Class H felony. A Class H felony, which represents the lowest classification of felony in North Carolina, may result in more severe consequences than a Class I felony, particularly if the individual carries any prior felony convictions on his or her record. In order to avoid any confusion about whether the offense was committed in public or private, carrying the knife while in a vehicle or trailer is considered by the court to constitute "public" carry.
Individuals who hold a valid concealed carry permit in accordance with North Carolina law can often rely on the presumption that they are carrying an OTF knife lawfully. However, if the presumption is overcome and the individual carrying the knife cannot in fact demonstrate a purpose consistent with legal carry, he or she may at the very least be convicted of a Class I felony.
In addition to the penalties mentioned previously, individuals convicted of OTF knife-related offenses may also be charged with civil relief under the Preclusion of Handgun Purchase by Persons Convicted of Certain Misdemeanors measure.

Public Opinion and Advocacy

Public opinion about knife laws in North Carolina has often been divided along lines drawn by conceptions of individual freedoms. There are those who believe that freedom is a built-in right afforded to citizens who use them for hunting, camping, or simply gathering with friends. However, there are those who argue that the lethality of knives far outweighs benefits. Scientific studies have shown that edged weapons are often used in homicides. The Center for Disease Control published 2016 data for national fatal injuries, which revealed that edged weapons were implicated in over 370 homicides within North Carolina that year alone.
Knives also have a distinguished role in human history that only galvanizes the argument of knife rights advocates. In 1990, the Olympic Committee approved the switchblade, or knife, as a dagger in sport fencing, a move that did not sit well with many in the pro-gun group. In fact, some pro-gun and knife proponents’ views on the subject are tightly bound. They, like the Olympic Committee, often agree that bans on knives do very little to keep people safe. In recent years, organizations, such as the Special Operations Speaks Foundation, have rallied the community to take action to end the knife ban in North Carolina, as they say "It is time to rally together once more and help fully legalize the OTF knives the Special Operations Active Response Team uses. After all, we use THEM, to stay alive. Knives save lives, and knife restrictions do more harm than good."
The advocacy against knife bans has prompted the state’s Republican-led government to try and remove the knife ban, since it was signed into law in 1953. In 2014, Scott Stone, a former U.S. Army 82nd Airborne soldier and now president of the Carolina Conservative Action Group, proposed legislation that would repeal the restrictions on knives that the House voted down. Three years later, Stone returned to the legislature to propose a new draft that would also exempt OTF knives from the wider ban. Though knives aren’t only used for attack and defense, the Penknife Association’s newsletter writes, "We argue for the full repeal of knife bans, at both the local and state levels. All knives are defensive weapons, like it or not, for everyone who carries knives for the purpose of self-defense, etc. Knife bans can only result in restricting our freedom and making us [more] vulnerable to crime."

Practical Advice

Owning an OTF knife in North Carolina is generally legal if you can follow a few basic tips to stay out of trouble with the law.
Can Owning an OTF Knife Be Considered Concealed Carriage? In order to carry your knife legally, you need to make sure that it is not considered a concealed weapon, as that may put you in violation of state knife laws. Generally, a knife is not considered concealed just because it is carried if you can see it without seeing beyond the knife itself.
However, what you wear can be a problem. If you wear a bulky jacket, the blade could be concealed inside of it, which would mean you are carrying a concealed weapon. Therefore , it’s best to wear thin clothing that doesn’t obstruct the view of your knife in any way.
These are some other tips to keep your OTF knife legal: 1. When in doubt, get the knife tested by a gun range or weapon shop employee to make sure it’s legal. 2. Don’t rely on friends, family members, or even attorneys if you have an OTF knife that you want to make sure is legal. 3. If you are going to be using your knife legally, it’s best to use one of the knives from the big name brands, rather than trying to make one yourself or buying one from a lesser-known company. 4. Carry your knife in a sheath so that it is easier to find and return to its proper place if you happen to drop it. 5. Make sure the knife can only be opened by hand.