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/... I think that NC's knife laws complicate auto knife EDC. Setting that issue aside,.../
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Let's not set that aside, as it's a great example of some of the potential pitfalls.
First, in NC a concealed handgun permits limits you to carrying a handgun, and does not apply to any other firearm type or other weapon, like a knife:
§ 14-269. Carrying concealed weapons.
(a) It shall be unlawful for any person willfully and intentionally to carry concealed about his or her person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shuriken, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises.
(a2) This prohibition does not apply to a person who has a concealed handgun permit issued in accordance with Article 54B of this Chapter, has a concealed handgun permit considered valid under G.S. 14-415.24, or is exempt from obtaining a permit pursuant to G.S. 14-415.25, provided the weapon is a handgun, is in a closed compartment or container within the person's locked vehicle, and the vehicle is in a parking area that is owned or leased by State government. A person may unlock the vehicle to enter or exit the vehicle, provided the handgun remains in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit.
However, NC also allows for legitimate use as a defense against prosecution. However, it's conjunctive, meaning all of the elements must be true, and that that last line is the kicker as it makes it an affirmative defense. In other words, you may successfully defend the charge, but it won't prevent your arrest - just your conviction, and that can still cost you a lot of money and stress:
(b1) 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 the defendant 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.
Then here is the pocket knife exclusion and some limitations:
(d) 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, that has its cutting edge and point entirely enclosed by its handle, and that may not be opened by a throwing, explosive, or spring action.
The NC court of appeals has looked at the definition of "ordinary pocket knife" and applies three standards based on the statute:
The North Carolina Court of Appeals correctly looked at the elements of the definition which are:
1) Designed for carrying in a purse or pocket; and
2) Cutting edge and point entirely enclosed by the handle; and
3) May not be opened by a throwing, explosive, or spring action.
It must meet all three standards
Unfortunately, the meaning of "throwing" or "explosive" opening is ambiguous. It might be an intent to outlaw things like gravity knives, or it alternatively could be an intent to set a very high bar for what is considered not to be an ordinary knife.
"Spring action" isn't much better defined. A "switchblade" is defined in § 14-269.2. Weapons on campus or other educational property:
(3) Switchblade knife. - A knife containing a blade that opens automatically by the release of a spring or a similar contrivance.
As a matter of long established legal principle there should be consistency between the definition of "switchblade" in § 14-269.2 and "opened by spring action" as it appears in § 14-269. Unfortunately there isn't any appellate case law to hang your hat on here.
It is clear that manual knives that can be opened with one hand (like the CRKT Squid, with a stud on the side of the blade that lets you open the knife one handed with your thumb) are legal in NC, while knives that are completely spring opened are not.
Where it gets interesting is with knives like the Kershaw Leek using Kershaw's "speedsafe" design where a spring holds the knife closed until the user presses a tab on the underside of the folded knife to push the blade over center, where the spring then pushes the blade out so it swings open. It the knife is reasonably clean, it'll snap the blade all the way open.
Depending how you interpret the statutory intent, that knife is either legal or illegal. It can be argued that it is not illegal as the spring is never "released" as in the switchblade definition, but rather just goes over center when the blade is manually moved by the user's thumb (much like the CRKT Squid, but with an "assist"). However, it is still arguably at least partially "opened by spring action".
The irony here is that you can find the Kershaw Leek for sale in Walmarts, sporting goods and hardware stores all over NC (as well as in VA where the law banning spring assisted knives is a lot less ambiguous).
There's also the issues of when is concealed concealed? That's also not real clear in NC. For a handgun, the current working definition is if the handgun cannot be readily seen by a person approaching and the gun is readily accessible, it is concealed. NC also allows for a handgun to be carried in a vehicle to be "open carry" if it can be seen in the vehicle.
In comparison, in SD back in the day, if any part of the handgun was not observable it was concealed. That was interpreted to mean the handgun or it's holster, but it meant that if a hunter opening carry had part of it concealed under a jacket, it was concealed. Similarly, if it was in a vehicle at all, it was concealed, unless carried unloaded in a case.
In NC and for the purposes of a knife then, is carrying it partially concealed in a pocket with a pocket clip concealed? Good question. There isn't any case law to go by.
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However, it's also important to not get overly paranoid and consider why there isn't any case law in some of these areas, or why you can by Kershaw Leeks and similar knives made by other companies (Benchmade, etc) all over the state.
In practice, a law enforcement officer encountering someone with a spring assisted pocket knife is not going to question it or bother arresting you for it. If they did, the courts would be plugged with cases where people were arrested for carrying spring assisted pocket knives. That's a lose-lose.
Look back at the affirmative defense that is provided. Yes, an officer could arrest someone for a spring assisted knife, but absent substantial evidence that the defendant was NOT engaged in, or on the way to or from, an activity in which the defendant legitimately used the weapon; or the defendant DID NOT possess the weapon for that legitimate use; or the defendant attempted to use the weapon for an illegal purpose, the defendant will be found not guilty after wasting a lot of tax dollars and time on the prosecution.
If that happens the judge and or the state's attorney will talk to sheriff or the chief of police, who will in turn pass their extreme displeasure to the arresting officer for being an idiot.
In short, what will get you arrested for carrying a spring assisted pocket knife in NC is not "carrying" it but rather taking it out AND doing something stupid or criminal with it.
