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JB Umphrey
JB Umphrey, Attorney
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Experience:  Explains legal matters based on 14+ years experience.
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I got a ticket in Krebs Oklahoma for a carry and concealed

Customer Question

I got a ticket in Krebs Oklahoma for a carry and concealed knife. My knife is a fixed blade skinning knife, from what i have researched this is not illegal to carry can you help me confirm this.
Submitted: 4 years ago.
Category: Legal
Expert:  JB Umphrey replied 4 years ago.
Thank you for using JustAnswer!

How long is the blade?
Customer: replied 4 years ago.
3 1/8 inche, but when reading the oklahoma statue there is no mention of length being an issue it list several types of knives but mine is not listed I have a fixed blade skinning knife i carry in a sheath on my belt.
Expert:  JB Umphrey replied 4 years ago.
What statute citation are you referring to?
Customer: replied 4 years ago.
§21-1272. Unlawful carry.
UNLAWFUL CARRY
A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:

1. The proper use of guns and knives for hunting, fishing, educational or recreational purposes;
2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act;
3. The carrying, possession and use of any weapon by a peace officer or other person authorized by law to carry a weapon in the performance of official duties and in compliance with the rules of the employing agency; or
4. The carrying and use of firearms and other weapons provided in this subsection when used for the purpose of living history reenactment. For purposes of this paragraph, "living history reenactment" means depiction of historical characters, scenes, historical life or events for entertainment, education, or historical documentation through the wearing or use of period, historical, antique or vintage clothing, accessories, firearms, weapons, and other implements of the historical period.

B. Any person convicted of violating the foregoing provision shall be guilty of a misdemeanor punishable as provided in Section 1276 of this title.
R.L.1910, § 2546. Amended by Laws 1957, p. 163, § 1; Laws 1969, c. 311, § 1, emerg. eff. April 28, 1969; Laws 1993, c. 309, § 1, emerg. eff. June 7, 1993; Laws 1995, c. 272, § 26, eff. Sept. 1, 1995; Laws 1996, c. 191, § 2, emerg. eff. May 16, 1996; Laws 2003, c. 465, § 1, eff. July 1, 2003.

NOTE: Laws 1993, c. 264, § 1 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994.

* * *
Expert:  JB Umphrey replied 4 years ago.
Thank you. Why were you carrying the knife at the time you came into contact with the officer?
Customer: replied 4 years ago.

I wear the knife on my belt in a sheath. I use this knife as a multi-purpose knife like a utility knife, I am also an out-doors person and hike often and fish and hunt. For me the knife is a handy tool.

 

The day I got the ticket I had went into a Dollar General to pick up some feminie products while I was out visiting my boyfriends family in Krebs oklahoma. Someone in the store saw my knife handle sticking up off my belt buckle. The person called the police and said that I was carrying a gun. When I walked out of the store the officer was waiting in his car for me to come out. He stopped me and I showed him it wasn't a gun and it was a knife. He did not take the knife, and he did not arrest me he gave me a $257 dollar ticket.

Expert:  JB Umphrey replied 4 years ago.
It is possible that you received the ticket because the knife was not being used for its intended purpose at the time and thus fell into the illegal category of "or any other offensive weapon".

You certainly have a right to call the court for a court date and plead your case to the judge. Just understand, this is where the other side may be coming from.

Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!

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