Spyderco Forums

Here's something I've wondered for awhile now...and I'm not sure this is an answerable question since it might vary from state to state, but here goes...

Suppose a state has a 4" legal blade length limit. Does that limit apply when you are in your home as well...meaning, if when at home you carry a larger than 4" knife and God forbid experience a home invasion and use it against the perp in order to Stop The Attack, are you in the wrong?

Or here's another version: during said home invasion suppose you had no knife on you and grabbed the closest available knife, say an 8" steak knife from your kitchen, is that OK to use if was your only means of defense (again, to Stop The Attack)?

Thanks,

Agent Starling

As long as the knife itself is not inherently illegal to possess (as automatics are here in NY) then what you do inside your home, or on your own private property, is not subject to laws governing what's legal to carry in public.

Spot on Deacon.

The first thing to realize is, no matter what tool you use, if you are going to use deadly or potentially deadly force, you need to be able to articulate why a reasonable person would be in fear of death or serious bodily harm if facing this situation. Let's see, guy wearing hockey mask and nothing else but tennis shoes breaks into your house carrying a patented "Ginsu Mall Ninja Short Sword." Would a reasonable person feel threatened with death or serious bodily harm?--oh yeah, time to drop the guy like a bad habit.

As for the blade length laws, these mostly apply to carrying the knife concealed and outside of your own property. There are many jurisdictions which have a legally imposed limit for open, non-concealed carry off of your own property as well. When inside your own residence, there are no real blade length restrictions. If you feel like answering your door wearing Renaissance Fair garb and a rapier, it is generally legal (there are some restrictions on the mere purchase of swords, in some areas, but not that many, really).

Inside your home, within reason, you can generally use what you want in a self defense situation. Now, some weapons will, after the police arrive, appear a little "better" when explaining the situation. For example, it takes a little more explanation to explain why you cut off the naked guy's "package" with a 350 year old hand forged katana than to say that you ran from the guy when he kicked in your door and lunged at you, you ended up in the kitchen, and there was this sharp eight inch carving knife in your kitchen rack...

In most jurisdictions where it is legal to possess a handgun, it is quite legal to carry said handgun, concealed or otherwise, when inside your own residence, regardless of whether you have a concealed carry permit or not.

In summary, inside your own house, if you use grand dad's old shotgun, mom's katana, your kitchen knife, or you beat the naked guy to death with a cordless telephone, in most areas of the US you are fine, as long as you can articulate why you had to resist (some jurisdictions state that you have to try to flee, if possible, rather than immediately fight--once again, articulation can be used to show why flight wasn't possible.)

Check you local ordinances in order to fine tune your response.

Be safe and take care.

And as I'm sure has been written elsewhere on this and other Forums.

DO NOT...under any circumstances...start a monologue about what occurred.

"He broke in, he said he was going to kill me (or if you actually saw knife, gun, bat, etc. Never mind the fact that some predators choose weapons of opportunity in the houses they enter and don't bring there own). I thought he was going to kill me. I defended myself. I want a lawyer."

That's it. No matter how within legal and/or moral limits you were to defend yourself, and no matter how genuinely well intentioned the officers working with you, DO NOT go into specifics. The officer may write down what you said wrong, the DA may misinterpret what was written down, the DA may be looking to "make an example" of you (especially considering the recent spate of vigilante movies just made) , etc. Just don't open the door.

These scenarios have been borne-out over and over. Just get counsel and go from there.

Sorry about the rant. :o

Cameron

Thank you gentlemen for your wise counsel. :)

Agent Starling