A Primer on What Classifies as a Weapon
The term "legal weapon" is a broad and somewhat ambiguous term used to describe many different types of weaponry that are used for both self-protection and protection of property. When looking at legal weapons, one of the first distinctions that needs to be made is whether its purpose is offensive or defensive. Usually legal weapons are defensive weapons that are there to protect yourself and others against harm. This can also include animals and your home from intruders or pesky wildlife.
The next distinction is what kind of weapon fits into this legal category. These are divided into three main categories of weapons that are mostly used in the United States where we can provide laws and resources for those looking to see what applies in their situation.
The simplest category of weapons, firearms include pistols, revolvers, rifles (including air rifles), shotguns and submachine guns. Some states include possession of antique firearms such as flare guns. For open or concealed carry weapons, the rules vary between states and jurisdictions.
Around the world, the word "knife" has no single definition and it represents a diverse range of knives that are used for everything from simple tasks like cutting rope or twine, hunting , or even for survival needs. In general, weapons that contain a blade of any kind can fall under this category. Guards, bolsters and hand shields are not considered to be a part of the weapon in most circumstances. This is where the distinction of purpose comes into play. You may possess these weapons if the intent and purpose has nothing to do with a weapons-based intent.
There are two general types of knives that are used as legal weapons. These are:
Many people don’t think of daggers as everyday carry weapons, but they can be very useful and they aren’t always illegal. Daggers are a very specific type of knife. These knives have two sharp blades, one on each side of the dagger. Often the handle features decoration to make the weapon more visually appealing. Daggers are primarily a stabbing weapon, unlike most knives. It should be noted that some jurisdictions consider a dagger to be a straight blade knife.
There are two general categories of daggers that can be considered legal weapons. These are:
Non-lethal weapons are a subgroup of legal knives. These weapons are designed to be used on people, but they are meant to subdue without permanently injuring the target. These include weapons like stun guns and pepper spray.
State-by-State Laws on Carrying
States impose their own carry laws, which vary tremendously from state to state. Open carry, concealed carry, restrictions on types of weapons, and more are different in each state.
For example, California is quite restrictive about the types of weapons you can carry, and prohibits the open carry of handguns. But as mentioned above, California allows the concealed carry of "nearly" any blade under 2" long (inches). In contrast, New York makes it a felony to even possess a folding knife, at least according to some interpretations. Both Idaho and Texas allow open carry of "long guns," but only Texas allows it for handguns. And Alaska, Nebraska, and North Dakota have no concealed carry licensing requirements, making them almost unique among states.
Kansas, Maine, Nebraska, North Dakota, Vermont, and Wyoming don’t even require a permit to carry concealed or (in some cases) open. Texas, South Carolina, Louisiana, Missouri, Maryland, New Hampshire, and North Dakota don’t require a license to carry around a baton, but that is not necessarily true in most other states.
The only state that not only bans the "carry" of a firearm, but also bans the possession of one at all is Illinois.
Legal Firearms You’re Allowed to Carry
When discussing firearms that can be carried legally, the focus naturally turns first to those that discharge bullets. The most common firearms in this category are pistols and revolvers. Pistols, or semi-automatic handguns, use a clip or magazine to hold ammunition. Once a pistol has been fired, the empty cartridge is ejected and a new round is chambered. So long as there is ammunition, these type of handguns will continue to fire until emptied and then need to be reloaded again. Revolvers are another common weapon that can be carried. Revolvers have a rotating cylinder and bullets are loaded directly in to that cylinder. Revolvers typically have room for 5-6 bullets. With the cylinder closed, the bullets are immediately ready to fire. Both guns can be carried openly or concealed depending on what you are permitted by law to do in your state.
Safe Ways to Carry Weapons
Beyond knowing what weapons you can legally carry in your state, it is also important to understand the safest techniques and practices to employ when carrying weapons. How can you safely holster and store your weapons? What is the best way to practice safe gun storage? In this section, we will go over how to safely use and secure weapons that are legal to carry in your state.
Gun safety education is incredibly important for anyone planning to carry a weapon that fires bullets. However, although guns should always be treated as if they are loaded, weapons such as knives, brass knuckles, pepper spray, and tasers can all be lethal if not used correctly or safely. That means that even though these weapons may be less dangerous than firearms, you should still undergo thorough training from an authorized instructor before practicing safe storage and handling methods of these items.
It is a good habit to always carry firearms in a holster that covers the trigger and has a strong clip or tape attachment for your belt. Your firearm should be carried in the holster at the four o’clock position on your body, and is best secured on a dominant side. Pepper spray should be carried the same way, but with the safety cap attached, or in a dedicated pouch. Knives, brass knuckles, and other metal weapons should be clipped to a pocket, purse, or backpack. Tasers and stun guns should also be stored in purses or backpacks, unless they have a strap that can hold them securely on a belt or harness.
Weapons of all kinds should be stored away from children, pets, and others that should not be around them. Guns should always be secured so that they cannot be fired, often by being unloaded and the barrel being blocked, and they should never be left with an extra magazine with bullets in close proximity, such as on a nightstand next to a bed. Other weapons should be placed in a locked container and stored in a safe place.
Safe storage includes securing both ammunition and weapons together. If there is a separate magazine for a firearm, it should be stored away from the gun for safety reasons. When not carrying these items, they should be locked in a safe secured by a password combination or key. When carrying weapons, continue practicing safe storage by not keeping guns or weaponry or ammo in your car’s glove compartment, because that could be viewed as illegal transport of a firearm or weapon.
In states that allow concealed carry, keep your weapons concealed under clothing or otherwise hidden from view whenever possible. If it is legal to do so in your state, carry as much ammunition with you as you feel necessary. When traveling, secure firearms in locked boxes or cases that only law enforcement can open easily when verifying that you are transporting in accordance with the law.
Note that local laws may require gun owners to safely store their firearms in compliance with local codes. This may vary from the techniques above, so always become familiar with these requirements.
Legal Non-Firearms
Many people own knives and use them on a regular basis for various activities including cooking, home repairs, and yard work. While generally knives are completely legal, there can be exceptions for larger knives or other knives that are outfitted with a guard. In some states, it may also be possible to obtain a permit to carry a knife that is otherwise illegal, particularly on private property.
People may also legally carry tasers or stun guns in many states and localities. TASER is actually a brand name, but people often use the term as a generic name for this type of self-defense weapon. TASERs and stun guns use a jolt of electricity to incapacitate an attacker . Most jurisdictions that allow stun guns and TASERs also permit permits from the police or other agency for these items. However, permits may not always be required in practice. TASERs with a built-in camera are permitted in at least 16 states, while stun guns without cameras are permitted in at least 43 states.
Pepper spray is also often permitted in many states without a permit. Pepper spray usually contains a substance like chili pepper that makes the eyes burn. It’s sometimes carried as a "non-lethal" form of defense and is especially popular among travelers and women. Some states may have special exemptions for pepper spray that recomends users to read and follow all instructions carefully.
Carry Permits
Obtaining a permit to carry concealed firearms generally requires that a person meet certain general qualifications, such as being at least 21 years old. There are certain exceptions. Most states also require a background check to be performed and completion of a training class.
A few states issue concealed carry permits at the discretion of the local licensing authority (e.g., sheriff). California is one of those "may issue" states that evaluate applications for permits to carry concealed firearms based on the applicant’s need. Concealed carry permits are not available to the general public in Illinois and strict limitations are placed on such permits in Hawaii. By contrast, in Texas, a person who desires to carry a concealed handgun must apply for a license through the Texas Department of Public Safety License to Carry a Handgun Program (LTC) Office. A Texas LTC license is valid for up to 5 years and may be renewed for a fee.
Many states offer a reciprocal recognition of a concealed carry permit. That is to say, if a person has a valid carry permit in their home state, other states that have entered into reciprocity agreements with the home state will recognize the legality of the permit. Some states, such as Arkansas and Mississippi, do not have reciprocal agreements.
Legality of Carrying Weapons
There are legal implications regarding carrying a weapon, especially if you are carrying it illegally. The law varies by state so it is instructive to know what the punishments are depending on the state you are in. Generally, the first level of offense in any state is carrying an illegal weapon, even if it is an unloaded pistol. This is a misdemeanor and carries with it a sentence of up to one year in jail and/or fines. Felony convictions are generally for actual weapon use, guns, or knives but can also be applied to illegal weapons as well. These felonies can be classified as a Class B, such as in Iowa, carrying five years in jail and/or a $7,500 fine, or Class D felonies, such as Texas, with a maximum of 2 years in jail and/or fines of $10,000. If convicted of a felony, however, the offender could lose his or her right to vote and the ability to travel internationally.
Defending against such charges is difficult, especially if a weapon was found in your car, and you were not operating the vehicle at the time. The matter of ownership can be used but is difficult to prove, since automotive records are often not easily available, and it cannot be proven who actually left the weapon in your car. States that are more lenient might offer a suspended sentence or a dismissal. It could help to have the necessary permits for the weapon handy, but the information must be accurate. If a person uses a name that is not his own, or that is not listed on his permit, he or she might be charged with a felonious crime that involves fraudulent representation or information. Similarly, if a person leaves a weapon in the vehicle of someone he or she knows is a convicted felon, and the gun is discovered, that person can also be charged with a felony. It is important to store a weapon without ammunition and in an unmarked container or locked box while out of its use area. This way, if it is accidentally discovered, the person can claim ignorance of the weapon in the vehicle.
How Self-Defense Laws Factor In
The role of self-defense laws are another important element of the overall legal landscape regarding any weapons you may choose to carry on a regular basis. Laws exist regarding when and how force can be used in self-defense situations, and these would naturally impact a decision to carry, or not carry, a weapon. There are two major categories of self-defense laws that must be understood, known as the "Stand your ground" doctrine and the "Duty to Retreat" doctrine.
While all states have statutes addressing the use of force in self-defense situations, there are many differences in their language. For example, while some states allow for the use of force that is reasonable under the circumstances, others but clearly define that the use of force must be "necessary" or "proportional." Similarly, some states may just stipulate the use of force that is "immediately necessary."
The exact wording of these statutes determine whether a person can use deadlier weapons they might own—guns, large knives, and more—for self-defense in situations where it would be considered appropriate.
A "stand your ground" law by definition is a law stating that people do not have a duty to retreat and are allowed to "stand their ground" when facing a threat of any kind, even if it means using deadly weapons. A "duty to retreat" law , in contrast, states that people have to retreat from a situation to avoid using deadly force, and that they cannot use such a weapon without first attempting to escape.
Almost all states allow the use of deadly force in situations in which that deadly force was necessary to prevent death or injury to the person who would be killed if that deadly force were not used, even if that resulted in the death of another person. This means, for example, that if Johnny tries to pull a gun on me, putting me in fear of death or serious bodily harm, I can legally pull my own gun to shoot him, even if that results in Billy—who is innocent and didn’t see what was happening—dying in the process.
As stated above, some states require individuals to retreat before they can use deadly force, so long as that retreat can be done safely. Laws that require a safe retreat often state that retreat isn’t necessary if the person in danger is in their own home, vehicle, or place of business, or if they can reasonably avoid retreat without putting themselves or others in danger. So, for example, if you are attacked at work and are eligible for a safe retreat, you might be covered under the "stand your ground" doctrine if you can save yourself by running away and do not take out your weapon.