Anyone know the Knife / Machete laws? (Tennesee)

[GRIM2594]

I am planning a hiking trip to the Cherokee National Forest, in TN, this weekend and I was wondering if any of you know where I could find out the laws about the carry/usage of machetes or fixed blade knives for camping usage? I am unable to find anything about "camping" equipment regulations.

I know there is a 4" law for the possession of a knife with the intent to use as a weapon, but I have a firearm for that (lol - ...and yes I have a carry permit). I am not sure if the law for camping gear is the same, if not intended to be used as a weapon.

I would like to take all of my gear out, if possible, but I don't want to run the risk of breaking any laws.

[Alaskan Survivalist]

We have no such laws in Alaska but some heavily used areas are putting restrictions on sizes or types of vegetation that can be cut down and which purposes it can be used for. You should check the regulations in the area. You may not even want to bring anything more than a pocket knife if regs won't allow you to cut wood.

[Justin Case]

I am planning a hiking trip to the Cherokee National Forest, in TN, this weekend and I was wondering if any of you know where I could find out the laws about the carry/usage of machetes or fixed blade knives for camping usage? I am unable to find anything about "camping" equipment regulations.

I know there is a 4" law for the possession of a knife with the intent to use as a weapon, but I have a firearm for that (lol - ...and yes I have a carry permit). I am not sure if the law for camping gear is the same, if not intended to be used as a weapon.

I would like to take all of my gear out, if possible, but I don't want to run the risk of breaking any laws.

I would go through the website, http://www.fs.fed.us/r8/cherokee/

[GRIM2594]

I would go through the website, http://www.fs.fed.us/r8/cherokee/

Yeah, they don't have anything listed to my questions. I have searched it a few times, lol. They allow the use of wood for campfires, as long as the wood is dead previously, but they don't have any information on what type of tools are allowed to be used to process the wood. I am thinking that I will have to call the park ranger's office to find out. I was just hoping someone had some experience with it.

[roar-k]

I know that you can only carry a knife concealed if it has a blade under 3". With that said I have carried my RC-4 attached to my pack shoulder straps and had my machete strapped to the outside of my pack.

So far I have not been stopped by the rangers, but do get a few glares and stares from other hikers. You should see the look that thru-hikers give you with those strapped to your pack.

[Rick]

State Law:

Tennessee - 39-17-1397. Unlawful carrying or possession of a
weapon. (a)(1) A person commits an offense who carries
with intent to go armed a firearm, knife with a blade
length exceeding four inches, or a club....
- 39-17-1301. Definitions... (5) "Knife" means any bladed
hand instrument that is capable of inflicting serious
bodily injury or death by cutting or stabbing a person
with the instrument.
- 39-17-1302. Prohibited weapons. (a) A person commits an
offense who intentionally or knowingly possess,
manufactures, transports, repairs, or sells... (6) A
switchblade knife or knuckles... (b) It is a defense to
prosecution... that the person's conduct... (4) Was
incident to... a lawful dramatic performance... (5) Was
incident to displaying the weapon in a public museum or
exhibition...
- 39-17-1309. Carrying weapons on school property. (a) As
used in this section, "weapon of like kind" includes
razors and razor blades except those used solely for
personal shaving, and any sharp pointed or edged
instrument, except unaltered nail files and clips and
tools used solely for preparation of food...
(b)(1) It is an offense for any person to possess or carry ,
whether openly or concealed, with the intent to go armed,
any... bowie knife, hawk bill knife, ice pick, dagger...
switchblade knife... or any other weapon of like kind [on
any school bus or property]... a Class E felony.
- 39-17-1310. [Exceptions to above include hunting; knife or
gun show on school property; passenger pick-up or drop-
off]

Tennessee Case Law:
- "The general assembly has the power to prohibit the keeping
or bearing of weapons dangerous to the peace and safety of
the citizenry." (1840; 1878)
- "The constitutional right to bear arms refers only to
military arms or arms useful in the common defense."
(1840; 1872)
- "The purpose of the former provisions was to discourage the
using of certain weapons which tend to lead to crime."
(1957)
- "The terms 'other knife or weapon of like form, shape, or
size of a bowie knife or Arkansas toothpick,' used in the
former provisions were not too indefinite to be
enforced..." (1844; 1928)
- "It was not necessary to a conviction under the former
provisions that the weapon carried be concealed about the
person, except if it was a razor..." (1914)
- "Butterfly or Balisong knives are not switchblades..."
(1986)

National Forests generally follow state law. However, I'd call Cherokee and ask them what their rules are.

[GRIM2594]

Thanks Rick. Upon looking at that same set of laws, I also found out that (in bold):

2. It is a defense to prosecution for this offense that the defendant's possession was of an unloaded rifle, shotgun, or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon; or that the defendant was authorized to possess or carry a firearm pursuant to Tenn. Code Ann. § 39-17-1315; or that the defendant was at the defendant's place of residence, place of business, or premises; or that the possession was incident to lawful hunting, trapping, fishing, camping, sport shooting, or other lawful activity; or that the defendant possessed a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals; or that the defendant was a Tennessee Valley Authority officer who held a valid commission from the commissioner of safety and the possession was while such officer was in the performance of the officer's official duties; or that the defendant was a state, county, or municipal judge or any federal judge or magistrate. Tenn. Code Ann. § 39-17-1308(a). However, these defenses are not available to the defendant if he or she has previously been convicted of a felony involving the use or attempted use of force violence, or a deadly weapon or has been convicted of a felony drug offense. Tenn. Code Ann. § 39-17-1308(b). The burden of proof on this issue is upon the state to prove its contentions beyond a reasonable doubt.

The full document can be located at: http://www.tncrimlaw.com/TPI_Crim/36_08.htm (for anyone else who is interested).

[justin_baker]

In a national forest of all places, nobody is going to give a crap what knives or machetes or axes you are carrying. On a well used trail, some may give nasty looks but there is nothing they can really do.

In some places, national forest officials dont like it too much when you fell a whole tree. I dont know if there are any actual laws against it, i havent found any. Certain national forests around here allow the gathering of firewood, as in you can chainsaw some wood down and drive it home in your truck. Depends on the place i guess. Personally, i would go into a national forest wilderness area and down a small dead tree with no fear of the park rangers bugging me about it. If its on a well used trail though, such as the AT, then you could have issues. The AT police want to preserve the trail and the felling of trees could potentially be destructive.

As for "tools for processing wood", i mean you could obviously split a pine branch to get to dry wood with no issues. People might run away in fear though.....

[Rick]

And in other news.

Just Baker was arrested this afternoon when he was caught cutting down one of the few remaining examples of the Humongous livelongous. Only six of the rare trees are known to exist in the Santa Rosa area.

"It's just a darn shame," lamented wildlife officer Major Pain. "That tree was almost 2000 years old and the guy can't read the signs to not cut down trees. I mean, come on, everything is written in Spanish. It's not like it's a foreign language."

[GRIM2594]

And in other news.

Just Baker was arrested this afternoon when he was caught cutting down one of the few remaining examples of the Humongous livelongous. Only six of the rare trees are known to exist in the Santa Rosa area.

"It's just a darn shame," lamented wildlife officer Major Pain. "That tree was almost 2000 years old and the guy can't read the signs to not cut down trees. I mean, come on, everything is written in Spanish. It's not like it's a foreign language."

LOL!

-I know that we are not allowed to down living trees here, or take anything home (unless you have a permit, then it's legal because the government got funding for nature's work).

[roar-k]

You should be fine carrying a normal sized machete strapped to your pack. Like I said, you may get some looks from others on the trail but usually nothing more happens. And if something more does happen it's usually a snide comment directed at you along the lines of wanting to be Rambo.

[justin_baker]

I actually need a machete around here at times.....to hack through the literally impenetrable coyote brush and sagebrush in the mountain chaparral.

[GRIM2594]

You should be fine carrying a normal sized machete strapped to your pack. Like I said, you may get some looks from others on the trail but usually nothing more happens. And if something more does happen it's usually a snide comment directed at you along the lines of wanting to be Rambo.

Yeah, where I am going there probably is not going to be anyone else around because I am not going hiking on man made trails, more like making my own path. (With the aid of GPS!) I am a little paranoid while thinking about being in the middle of no-where at night... Too many psycho's out there for my liking; nothing I can do about that, and I can't live my life in fear of them either lol. We will probably just hike half way up the mountain and setup camp.

The trip is to test some equipment and get a feel for the area.

[crashdive123]

Just to be certain and put your mind at ease, why not give them a call and ask? The phone number is on the third little box down, on the left side. http://www.fs.fed.us/r8/cherokee/

[GRIM2594]

Just a follow-up; the trip was a semi-success. We went out to start our trip, hiked to our destination, then found a spot to setup camp... 15 minutes before dark (lol). Issues prevented us from getting out as early as we had planned, but I was prepared to work in the dark to setup camp. Previous rain, from earlier that day, had increased the prepping needed to setup a fire but I still got it going. After that, I finished setting up our hammocks and the rest of the gear.

Luckily I was able to do what was intended of the trip; test some gear and give my cousin some wilderness experience. Although we were faced with some complications, I had been successful at getting out and getting it done. It was a wonderful trip.

[crashdive123]

Pictures Man! We need pictures!

[Winnie]

What Crash said. We have a saying here, Pics or it didn't happen!

[Rick]

Complications are what we call opportunities. And what they said....pics!

[GRIM2594]

Pictures Man! We need pictures!

Haha, I took my video cam... but forgot all about it until after I had packed up everything as we were leaving.

I do want to get out and record some stuff around here, as we have beautiful national forests here in Tennessee. I will next time!

[justin_baker]

How well did the machete do for chopping or other camp tasks?