Why do I need a license to carry a knife?

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It’s just a knife. Why do I need a license to carry a knife?

Because Georgia has a law for most everything, and knives are no different. In order to carry a knife, with a blade greater than 5 inches (keep reading), one needs a Georgia Weapons Carry License (GWCL), OCGA 16-11-126(h)(1). There are some exemptions, notably that no GWCL is needed if one is engaged in hunting or fishing with said knife, so long as one has a valid hunting or fishing license, OCGA 16-11-126(f). Requiring a GWCL for carrying a 5-inch knife is probably one of the most unenforced laws there is, except the slow poke law, which is wholly ignored by law enforcement.

Now the law says nothing about carrying a knife open or concealed, but most buck knives are 7 inches or more. That is the style of knives most commonly carried by hunters, fishermen, rednecks, police officers, motorcyclists, veterans and little old ladies. The folks who carry a large knife tend to be confident in their ability to use said knife, at least in my experience. Further, they usually carry a large knife openly, other than a “pocketknife” (by definition not something carried openly).

So, you could generally assume that one with a buck knife on their belt has a GWCL, even though I submit that many such carriers don’t. But does the general public get worked up about knife carriers? Not really. They generally aren’t seen as much of a threat because guns are the current enemy of the masses (according to the mainstream media), so until guns are eliminated, there is no reason to go after guns.

On April 5, Governor Deal signed HB292, which, among other things, changed the 5-inch knife blade definition to 12 inches or more. Yep, now in order to carry a knife of 12 inches or LESS, one does not need a GWCL, whether you are fishing or not. To me, 12 inches seems pretty big, sorta like a turkey carving knife. Yet, so long as a knife blade is 12 inches or less, one can now carry it, openly or concealed.

I don’t know what the clamor was to get the definition of a knife expanded, but they sure went big. At least, if nothing else, they made all those buck knife carriers who didn’t have a GWCL legal now.

Kelly Burke, master attorney, former district attorney and magistrate judge, is engaged in private practice. He writes about the law, rock ‘n’ roll and politics. These articles are not designed to give legal advice but are designed to inform the public about how the law affects their daily lives. Contact Burke at kelly@burkelasseterllc.com to comment on this article or suggest articles that you’d like to see, and visit his website, www.kellyrburke.com, to view prior columns.


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Author

Kelly Burke was born in Knoxville, Tennessee, where he spent his younger years, followed by his high school years in Atlanta, where he graduated from Georgia Tech, followed by Mercer Law School. He has been in the private practice of law, a magistrate judge, and an elected district attorney. He writes about the law, politics, music, and Ireland. He and his wife enjoy gardening, playing with their Lagotto Ramagnolo named George Harrison, and spending time with their grandchildren.

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