Indiana Law and carrying a folding knife (Spyderco Para 2) - Recent Situation

[CRHK88]

Hello all,

The reason I am posting is because of a recent situation. I was walking into the Blueberry Festival in Plymouth yesterday when a Sheriff walked up to me pointing towards my pocket. I actually had no idea what he was pointing at so I looked through my pockets. He said no, the knife. I had a Spyderco Paramilitary 2 clipped to the inside of my pocket. He said, "could you please pocket that?" I asked "my knife?", he said "yes, if you don't they will confiscate it in the park." I appreciated that he warned me first so I didn't lose it, especially since it wasn't cheap. But I was surprised that he said they would confiscate it. I didn't question him, or challenge in anyway. I just thanked him, pocketed it and went about my business.

Now, being very new to knives I am wondering, is there a law pertaining to clip pocket knives? It is actually just your basic folder, nothing special. The blade is actually less than 3.5". It's not like I was carrying a Rambo style survival knife.

Any info would be appreciated. I have asked numerous people already and no one knew about any law that would prohibit me from carrying a folding pocket knife of its size.

I do appreciate law enforcement and what they do, so I am not making any statements about them. I just want to make sure that I don't break any laws even unintentionally.

 

[jeremy]

Curious to know....

 

[M67]

There's no blade length laws in Indiana, maybe the festival set up it's own rules about firearms/knives/"weapons".

I don't recall ever pocketing my knife though at a festival, really the only time I do it is at the Brickyard 400.

 

[45fan]

I have several clip type knives, but have a habit of just pocket carry, as usually within a few weeks of buying a new one (when carried in pocket on the clip) I tend to snag them on something an bend/break the clip. Never have I run into issue from carrying a knife though.

 

[Bradsknives]

There are no state laws that govern pocket knives that clip in your pocket and there are no blade length laws. Basically, the only knife laws in Indiana are automatic (switch blades) and throwing stars are illegal. That being said, if you were on private property you have to obey their requests/rules or they can ask you to leave.

 

[NathanJefferson]

if you were on private property you have to obey their requests/rules or they can ask you to leave.

And if you are on public property? Tell them to pound sand?

 

[Ted]

......if you were on private property you have to obey their requests/rules or they can ask you to leave.

And if you are on public property? Tell them to pound sand?

"yes, if you don't they will confiscate it in the park."

It would appear to be public property, but if the Blueberry Festival was run by a private entity, and said entity controlled their section, if not all of said park.....its their rules.

Much like Lucas Oil Fieldhouse during a Colts game.

 

[Indy_Guy_77]

The leasee / renter can set their own rules... but they cannot confiscate anything.

 

[cubby]

their property, their rules. sounds like the LEO was trying to save you some hassle.

 

[jsharmon7]

No state laws on knife length or knife carry. Some towns have local ordinances regarding blade length though. It sounds like this was more of a "private property" situation than a legal situation though.

 

[northtownship]

My brother had a similar situation yesterday but had nothing visible. The officer asked him if he had a pocket knife in his pocket and he said yes (a little two blade trapper), why do you ask and he told him it wasn't allowed. Then my brother asked him why when a man in his late 30's walked in with a black duffle and the officer asked the man what was in it and the guy said it was a skateboard and the officer never looked in it just took the guys word for it. Then my brother told the officer what if that guy had a gun the cop said nothing. Being from Marshall county I can tell you that if it was one of the reserve officers they have kind of a Billy Bad A&% attitude when the badge goes on.

 

[malern28us]

My brother had a similar situation yesterday but had nothing visible. The officer asked him if he had a pocket knife in his pocket and he said yes (a little two blade trapper), why do you ask and he told him it wasn't allowed. Then my brother asked him why when a man in his late 30's walked in with a black duffle and the officer asked the man what was in it and the guy said it was a skateboard and the officer never looked in it just took the guys word for it. Then my brother told the officer what if that guy had a gun the cop said nothing. Being from Marshall county I can tell you that if it was one of the reserve officers they have kind of a Billy Bad A&% attitude when the badge goes on.

I would have told the reserve to go pound sand when he asked me if I had a blade on me.

 

[cubby]

My brother had a similar situation yesterday but had nothing visible. The officer asked him if he had a pocket knife in his pocket and he said yes (a little two blade trapper), why do you ask and he told him it wasn't allowed. Then my brother asked him why when a man in his late 30's walked in with a black duffle and the officer asked the man what was in it and the guy said it was a skateboard and the officer never looked in it just took the guys word for it. Then my brother told the officer what if that guy had a gun the cop said nothing. Being from Marshall county I can tell you that if it was one of the reserve officers they have kind of a Billy Bad A&% attitude when the badge goes on.

i bet if your brother would have said "no" he wouldn't have batted an eye.

WHY are we making this LEO the bad guy? not "this" but in general? obviously, if they were asking EVERYONE, they weren't trying to make an example or hassle unduely. i highly doubt the guys run around trying to think up something to harp on before an event.

"hey, lets ask about grape koolaid!!"
"yeah!"
"you got grape koolaid, man!"


i just don't think this sounds like a case of a LEO over stepping or being overly aggressive. just my opinion.

 

[NathanJefferson]

I thought if it was public owned or supported property they weren't allowed to restrict? Public parks, venues, etc....

A lot of stink was raised that Lucas WASN'T allowed to restrict people from carrying guns since they were a publicly supported entity. Did something change?

 

[tradertator]

Agree with Cubby. Sounds like he was doing you a favor, and it would really suck to have your PMII confiscated. I would guess there is a local ordinance in effect, and some group was asked to enforce it and provide security for the event.

 

[tradertator]

I thought if it was public owned or supported property they weren't allowed to restrict? Public parks, venues, etc....

A lot of stink was raised that Lucas WASN'T allowed to restrict people from carrying guns since they were a publicly supported entity. Did something change?

It's my understanding that a local government can create and enforce a local ordinance, and the charges would be considered a civil infraction.

 

[Ted]

I thought if it was public owned or supported property they weren't allowed to restrict? Public parks, venues, etc....

A lot of stink was raised that Lucas WASN'T allowed to restrict people from carrying guns since they were a publicly supported entity. Did something change?

IC 35-47-11.1-4
Sec. 4. This chapter may not be construed to prevent any of the following:

....(10) For an event occurring on property leased from a political subdivision or municipal corporation by the promoter or organizer of the event:

(A) the establishment, by the promoter or organizer, at the promoter's or organizer's own discretion, of rules of conduct or admission upon which attendance at or participation in the event is conditioned;

(B) the implementation or enforcement of the rules of conduct or admission described in clause (A) by a political subdivision or municipal corporation in connection with the event.

 

[Ted]

It's my understanding that a local government can create and enforce a local ordinance, and the charges would be considered a civil infraction.

As far as firearms are concerned, no.

IC 35-47-11.1-5
Civil actions concerning political subdivision violations
Sec. 5. A person adversely affected by an ordinance, a measure, an enactment, a rule, or a policy adopted or enforced by a political subdivision that violates this chapter may file an action in a court with competent jurisdiction against the political subdivision for:
(1) declarative and injunctive relief; and
(2) actual and consequential damages attributable to the violation.
As added by P.L.152-2011, SEC.4.

 

[northtownship]

The rent a cop wasn't asking everyone. My brother is a big guy and was wearing a plaid shirt, jeans and a hat, kind of a farmer look so I think he was profiling.

 

[cubby]

The rent a cop wasn't asking everyone. My brother is a big guy and was wearing a plaid shirt, jeans and a hat, kind of a farmer look so I think he was profiling.

Sounds like 89% of the people I know.