GENERAL ASSEMBLY OF NORTH CAROLINA

1985 SESSION

 

 

CHAPTER 432

HOUSE BILL 87

 

AN ACT TO CLARIFY THE LAW AGAINST CARRYING CONCEALED WEAPONS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 14-269 (a) is amended by adding the following sentence at the end of that subsection to read:

"This section does not apply to an ordinary pocket knife carried in a closed position. As used in this section, 'ordinary pocket knife' means a small knife, designed for carrying in a pocket or purse, which has its cutting edge and point entirely enclosed by its handle, and that may not be opened by a throwing, explosive or spring action."

Sec. 2.  G.S. 14-269 is further amended by adding a new subsection (c) as follows, and by redesignating the present subsection (c) as subsection (d):

"(c)      It is a defense to a prosecution under this section that:

(1)       The weapon was not a firearm; (2) The defendant was engaged in, or on the way to or from, an activity in which he legitimately used the weapon;

(3)       The defendant possessed the weapon for that legitimate use; and

(4)       The defendant did not use or attempt to use the weapon for an illegal purpose.

The burden of proving this defense is on the defendant."

Sec. 3.  G.S. 14-269(a) is further amended by adding immediately after the word "razor," the words "shurikin, stun gun,".

Sec. 4.  This act shall become effective October 1, 1985.

In the General Assembly read three times and ratified, this the 20th day of June, 1985.