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Post by Deleted on Mar 21, 2021 3:49:00 GMT
I looked up the laws on sword carrying in the US, but some states the laws are confusing and unclear and some are quite clear. The quite clear states are no carrying of swords off of private property. If any of you are legal eagles in the US or just have an easier time understanding vague laws please help me. I do not want to see the inside of a prison as an inmate.
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Post by alientude on Mar 21, 2021 3:56:44 GMT
First off, I'm not a lawyer.
It's even more complicated than what you've brought up, because local municipalities can and often do have their own laws about what you're allowed to carry, further restricting what the state might allow. I think your best bet is to try to figure out what's legal at the state level, then check your local county and city laws to see if they're more restrictive. If you want a definitive answer, you'll probably need to consult a lawyer.
By the way, even if it's 100% legal to carry a sword, that doesn't mean it's wise. I'm sure it would attract the attention of the police at some point.
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Post by Deleted on Mar 21, 2021 5:51:55 GMT
Well if you have a concealed carry permit, then a carrying a sword will be covered. But only where a weapon is allowed.
It's wise to worry about this stuff. As you stated, it's illegal to carry a deadly weapon even with a permit in numerous places. Being careless is all it takes to become a criminal.
I wish I had an easy answer, but I don't. Each situation has its own rules, state or federal, and we have to know them. If we don't, we're at fault.
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Post by Adventurer'sBlade on Mar 21, 2021 10:02:10 GMT
Well if you have a concealed carry permit, then a carrying a sword will be covered. But only where a weapon is allowed. This is true in some states. In others the permit only allows you to carry a handgun, specifically.
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Post by Adventurer'sBlade on Mar 21, 2021 11:46:43 GMT
I looked up the laws on sword carrying in the US, but some states the laws are confusing and unclear and some are quite clear. The quite clear states are no carrying of swords off of private property. If any of you are legal eagles in the US or just have an easier time understanding vague laws please help me. I do not want to see the inside of a prison as an inmate. We would need to know which state to give any accurate advice. But more important is the context of what you intend to do. Dress in medieval clothes for parties or faires and walk around with a sword? Put a tactical sword on your bag to go hiking in the woods? Carry a concealed blade like a sword cane? Put a highlander katana under your trench coat? Ride the subway with a sword? It's going to matter. And pretty much no matter where you go, someone out there is going to call the police if they see you in public with a visible weapon. Even if it's legal. You may walk away from that after a simple conversation and a request for your ID, but it's going to happen. Do you want that kind of hassle? And obviously if nobody sees it, nobody's calling...
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Post by fester on Mar 21, 2021 13:17:55 GMT
In Kentucky you can carry any weapon openingly or concealed. No issue in this state.
it is common to see people openly carrying firearms in this state with no hassle.
Just to see how a sword feels carrying it around I have hiked in some wildlife management areas which are not heavily visited and it has been no issue. You might get asked in a large city walking around by law enforcement but would be allowed to go on your way here.
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pgandy
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Post by pgandy on Mar 21, 2021 13:24:43 GMT
Oh man, there are so many ifs, ands, buts about that I don't know where to start. All of the above is valued. I’ll throw this out in addition, if it was legal in your area and for whatever reason the local semprini charges you it will be your responsibility to hire a lawyer $$$. You might spend time in jail while bond is being posted, not to mention lost time while attending to the matter. Just a worst case scenario. The more one knows about the law the more disgusting and confusing it gets. There are times lawyers can’t agree on the law, and get rich arguing their point.
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Post by RufusScorpius on Mar 21, 2021 20:48:47 GMT
It's hard to generalize since there are so many local laws to consider. BUT, as a general rule: what is not expressly prohibited is in fact allowed. Where the laws don't outright say anything about swords, then you can carry one. However, intent plays a large part of the situation.
For example, nobody actually carries a sword nowadays, so you would be very conspicuous. More so than if you carried a gun, which people are actually used to seeing. You can conceal carry a gun, but not a sword, so you are limited to one mode of walking around with it. Because of that, people might get a little freaky and call the cops to report it, not knowing your intent. The cops will show up, most likely simply tell you to put the stupid thing away and not walk around with it, assuming you aren't obviously part of some reenactment group or ongoing event.
Intent plays a huge part in any "weapon" or what can be perceived as a weapon. Let's say you do carry around your sword and nobody thinks anything of it. All is well. Same as if you had a baseball bat or crowbar. Now if you were to be holding it in your hand, that COULD be considered "intent" to use it as a weapon, or otherwise known as "brandishing", and then you will have considerable problems with the cops.
So yeah, it's vaguely nebulous at best and it all depends.
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Post by Adventurer'sBlade on Mar 21, 2021 21:37:28 GMT
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Post by fester on Mar 21, 2021 21:38:09 GMT
It's hard to generalize since there are so many local laws to consider. BUT, as a general rule: what is not expressly prohibited is in fact allowed. Where the laws don't outright say anything about swords, then you can carry one. However, intent plays a large part of the situation. For example, nobody actually carries a sword nowadays, so you would be very conspicuous. More so than if you carried a gun, which people are actually used to seeing. You can conceal carry a gun, but not a sword, so you are limited to one mode of walking around with it. Because of that, people might get a little freaky and call the cops to report it, not knowing your intent. The cops will show up, most likely simply tell you to put the stupid thing away and not walk around with it, assuming you aren't obviously part of some reenactment group or ongoing event. Intent plays a huge part in any "weapon" or what can be perceived as a weapon. Let's say you do carry around your sword and nobody thinks anything of it. All is well. Same as if you had a baseball bat or crowbar. Now if you were to be holding it in your hand, that COULD be considered "intent" to use it as a weapon, or otherwise known as "brandishing", and then you will have considerable problems with the cops. So yeah, it's vaguely nebulous at best and it all depends. It’s location depended as has been stressed. In my state you might get asked by law enforcement in a major metropolitan area why you are carrying around a sword but there is nothing they could do about it if you want to do so. Also one reason people are now used to persons carrying firearms around locally is because it has become normal and people have become used to it. The same would happen with swords if a lot of people started carrying them around here. People would come to accept it as normal. But swords are a niche now and most people do not own them unlike firearms. A lot of people were scared when people started openly wearing firearms initially in the last 25 years but once they saw no harm was forthcoming the fear diminished to where it no longer frightened anyone. One reason I love living in my state. Very weapon friendly
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Post by RufusScorpius on Mar 21, 2021 21:47:13 GMT
Yes, I agree that we should make sword carrying normal again. Works for me!
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pgandy
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Post by pgandy on Mar 21, 2021 23:32:06 GMT
If you feel the need for protection I’ll throw these out there for you thinking. I want to make it clear that I am not in any way recommending any. If you feel a blade is the way to go a sword cane may be the answer. They are not legal in some areas so check first. I drew once and one of Thompson’s old ads, when he was using CDs, made the statement that it would leap into your hand. And that was the best way to describe it. I have used a cane much more and find them more versatile. I am not talking of the corner drug store’s version. Check out Cane Masters, but there are others. That is always in your hand and ready to go, legal to carry anywhere, and very effective, and nobody pays attention to a cane. Your post got me thinking a thought I had earlier. In my county machetes are often carried in the streets. Most often in a sheath from a belt, but there are other methods. I was setting in the park recently when such a man passed me. He got me wondering about such a carry for me with a CS Cutlass Machete, but I got that thought out of my mind rather quickly.
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Post by Deleted on Mar 22, 2021 0:51:52 GMT
Woe betide you if you are drinking, though otherwise following the law. All rules are off when alcohol is involved. I'm not saying it's fair, I'm saying that's how it will play out.
Don't drink and carry a sword. They'll screw you.
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Post by unistat76 on Mar 22, 2021 0:53:34 GMT
In Michigan, it is against state law to carry any dirk, dagger, or any non-folding stabbing instrument concealed about your person except a hunting knife. Note: Inside a car is considered concealed.
Now, if you don't conceal your sword, then you are legal under state law. Our concealed weapons permits are specifically "Concealed Pistol Licenses" and do not cover knives, blackjacks, saps, or brass knuckles.
The issue with blades in Michigan comes from the fact that, unlike firearms, there is no statewide preemption. That means that local municipalities and units of government can (and do) make laws more restrictive than the state. So you might be legal in this town, but cross the street into that town and you've committed a crime. It's almost impossible to know all the local laws.
Having said that, I'm pretty confident I could walk around most cities here with a sword strapped to my waist all day and have no problems, provided I don't draw it and wave it around. There are a handful of cities I can think of that either the police or the populace (or both) are so uptight that they would grief you.
But at the end of the day, any random person can be startled by it and call the cops. Most PDs have a policy of responding to every call for service. When the LEOs make contact with you, if their city has a law against large blades, you're probably in some trouble.
Disclaimer: I'm not a lawyer, I worked for a city PD as a jailer for 8 years and now I'm a court officer (bailiff.) My post is not to be construed as legal advice.
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Post by Deleted on Mar 22, 2021 0:55:15 GMT
Good post Unistat.
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Post by Lord Newport on Mar 22, 2021 3:43:52 GMT
I looked up the laws on sword carrying in the US, but some states the laws are confusing and unclear and some are quite clear. The quite clear states are no carrying of swords off of private property. If any of you are legal eagles in the US or just have an easier time understanding vague laws please help me. I do not want to see the inside of a prison as an inmate. So why do you feel the need to carry/wear a sword in public? Cosplay?
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Post by unistat76 on Mar 22, 2021 13:08:20 GMT
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Post by unistat76 on Mar 22, 2021 13:09:40 GMT
Yes, I agree that we should make sword carrying normal again. Works for me! Agree 100%.
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Post by theophilus736 on Mar 22, 2021 15:34:57 GMT
Move to Texas
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Post by RufusScorpius on Mar 22, 2021 15:36:11 GMT
I looked up the laws on sword carrying in the US, but some states the laws are confusing and unclear and some are quite clear. The quite clear states are no carrying of swords off of private property. If any of you are legal eagles in the US or just have an easier time understanding vague laws please help me. I do not want to see the inside of a prison as an inmate. So why do you feel the need to carry/wear a sword in public? Cosplay? Does there need to be a reason other than the fact he wants to? If there is a reason, who has the authority to approve whether or not it's a valid one (assuming it's allowed by law)?
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