NC NC AG Advisory Opinion (1983-11-28) 1983-11-28

Is it legal in North Carolina to sell or to carry a combination weapon (the 'Assassin') that consists of metallic knuckles with an attached 3 1/2 inch blade?

Short answer: Yes to selling; yes to carrying it openly. The 1983 AG concluded that the sale of the combination knuckle-blade weapon is legal, and that carrying it is legal provided it is not concealed. Carrying the weapon concealed violates G.S. 14-269 because the metallic-knuckles component is a listed deadly weapon, and conviction triggers the confiscation provisions of G.S. 14-269.1.
Currency note: this opinion is from 1983
Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: This is an official North Carolina Attorney General advisory opinion. AG opinions are persuasive authority but not binding precedent like a court ruling. This summary is for informational purposes only and is not legal advice. Consult a licensed North Carolina attorney for advice on your specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked at the bottom of this page) is the authoritative source for any reliance.

Plain-English summary

Lt. F. R. Hudson of the Morganton Police Department asked the AG about a hybrid weapon being marketed under the name "Assassin." It was a pair of metallic knuckles with a 3 1/2 inch blade attached, eight and a half inches long overall. The lieutenant wanted to know two things: whether dealers could sell it, and whether buyers could carry it.

The 1983 AG answered yes to sale, and yes to carry only if the weapon was not concealed.

The reasoning was short. G.S. 14-269 made it unlawful to "willfully and intentionally" carry any of a listed set of weapons concealed about the person, except when on the carrier's own premises. The list included "metallic knuckles" by name, along with bowie knives, dirks, daggers, slingshots, loaded canes, razors, pistols, guns, and other deadly weapons of like kind. Because the "Assassin" included metallic knuckles, it fell within the concealed-carry prohibition regardless of whether the attached blade also independently qualified as a "dirk or dagger" under the same list. The AG noted that the dirk-or-dagger question did not need to be answered.

Sale of the weapon was not regulated by G.S. 14-269; that statute targeted concealed carry, not commercial sale. So dealers could sell the device. Open carry was lawful for the same reason: the only prohibition was on concealment.

The opinion added a practical consequence. If the carrier was convicted of concealed carry under G.S. 14-269, the weapon would be subject to confiscation under G.S. 14-269.1.

Currency note

This opinion was issued in 1983. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here. G.S. 14-269 has been amended over the decades, including changes to the listed weapons, the penalty structure (concealed-carry penalty enhancements and weapon classifications have shifted), and the introduction of a concealed-handgun permit framework under Chapter 14, Article 54B. Specific commercial-sale restrictions on certain weapons have also been added at federal and state levels. A North Carolina lawyer should be consulted before treating the 1983 conclusions as a current rule.

Historical context: what the AG concluded

The 1983 opinion has the structure of a quick statutory read. The AG started with the text of the concealed-carry statute, noted that metallic knuckles were explicitly listed, and concluded that the combination device fell within the prohibition because it contained a listed component. The opinion did not ask whether the device should be classified by its most distinctive feature, its overall character, or any other categorization principle. Listing in the statute was enough.

The opinion's most cautious move was the explicit non-answer on the blade. It would have been easy to add a paragraph holding that the attached 3 1/2 inch blade also independently brought the device within the statute as a "dirk or dagger." The AG declined, observing that the metallic-knuckles characterization sufficed to resolve the legality question. That restraint avoided creating doctrine on what counts as a "dirk or dagger" in a case where the answer was not needed.

The confiscation note was a practical add-on. Many concealed-weapons statutes leave the disposition of the seized weapon to executive discretion or contemporaneous statute. The 1983 AG flagged G.S. 14-269.1 as the operative confiscation provision so the requesting officer knew the post-conviction disposition would be statutory rather than discretionary.

Background and statutory framework

G.S. 14-269, the concealed-weapons statute as it stood in 1983, prohibited carrying any of an enumerated set of weapons concealed about the person, except on the person's own premises. The named weapons were bowie knife, dirk, dagger, slingshot, loaded cane, metallic knuckles, razor, pistol, gun, "or other deadly weapon of like kind." Violation was a misdemeanor punishable by a fine up to $500, imprisonment up to six months, or both.

G.S. 14-269.1 provided for the confiscation of weapons used or possessed in violation of certain provisions of Chapter 14, including G.S. 14-269. The statute attached confiscation as a post-conviction consequence rather than as a forfeiture independent of conviction.

The "Assassin" device described in the opinion was a commercially marketed combination weapon. The factual question (does it contain metallic knuckles?) was undisputed; the legal question (is it covered by G.S. 14-269?) was a one-step reading of the statute.

Common questions

Does open carry of the Assassin device require a permit?

The 1983 opinion does not address permits. G.S. 14-269 regulated concealed carry only. Permit requirements for other weapons (notably handguns) were addressed elsewhere in Chapter 14. The opinion implies that, as of 1983, open carry of the combination device did not require any additional permit.

What counts as "concealed" under G.S. 14-269?

The 1983 opinion does not define concealment. North Carolina case law has applied a totality-of-circumstances approach: a weapon hidden under clothing, in a bag, or otherwise kept from ordinary view by the manner of carry is concealed. The opinion assumes the requesting officer can identify concealment when he sees it.

Does the "on his own premises" exception cover a business owner's store?

G.S. 14-269 excepted the carrier "when on his own premises." North Carolina courts have generally read the exception narrowly to cover the carrier's residence and curtilage; the exact reach to business premises has been litigated and the contours have shifted over time. The 1983 opinion does not address this nuance.

Are dealers liable if buyers carry the weapon concealed?

The 1983 opinion held the sale lawful. It does not analyze dealer liability for downstream criminal use. Generally, North Carolina law has not imposed dealer liability for lawful sale of a lawful product to a buyer who later misuses it, absent specific facts (sale to a known felon, sale knowing of intended unlawful use, etc.).

What happens to a seized Assassin weapon after a conviction?

Under G.S. 14-269.1 as it stood in 1983, the weapon was confiscated. Confiscated weapons were typically destroyed, transferred to a law enforcement agency for official use, or otherwise disposed of under statutory procedures. The 1983 opinion does not specify the post-confiscation disposition.

Source

Citations

  • N.C.G.S. § 14-269
  • N.C.G.S. § 14-269.1

Original opinion text

November 28, 1983

Subject: Weapons: "Brass Knucks" with Blade

Requested By: Lt. F. R. Hudson, Morganton Police Department

Questions:

  1. Is it legal for dealers to sell a device called "Assassin" which consists of a pair of metallic knuckles with a 3 1/2 inch blade attached, the whole device measuring 8 1/2 inches long?
  2. Is the carrying of such weapon legal?

Conclusions:

  1. Yes.
  2. Yes, if not concealed.

G.S. 14-269 reads in relevant part: "14-269 - Carrying Concealed Weapons:

(a) It shall be unlawful for any person, except when on his own premises, willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, sling shot, loaded cane, metallic knuckles, razor, pistol, gun or other deadly weapon of like kind.

(c) Any person violating the provision of this section shall be guilty of a misdemeanor, and shall be punished by a fine not to exceed five hundred dollars ($500.00), imprisonment for not more than six months, or both."

The carrying of metallic knuckles concealed is a violation of G.S. 14-269. Determination as to whether the attached knife blade would place the weapon in question in the category of a "dirk or dagger" as referred to in 14-269 is not necessary to answer the question presented.

The weapon described would be subject to the confiscation provisions of G.S. 14-269.1 if the bearer is convicted of carrying a concealed weapon under G.S. 14-269.

RUFUS L. EDMISTEN
ATTORNEY GENERAL

William W. Melvin
Senior Deputy Attorney General