Asked in Criminal Law for New Hampshire

Q: Is there any exceptions when it comes to carrying a knife for a convicted felon? Size of knives or multi tool knives?

I have no violent felony’s but I have a felony drug possession charge. I live in New Hampshire

Related Topics:
1 Lawyer Answer
Leonard D. Harden
Leonard D. Harden
  • Criminal Law Lawyer
  • Lebanon, NH
  • Licensed in New Hampshire

A: The answer is really based on the definition of a deadly weapon found in RSA 159:3

159:3 Convicted Felons. –

I. A person is guilty of a class B felony if he:

(a) Owns or has in his possession or under his control, a pistol, revolver, or other firearm, or slungshot, metallic knuckles, billies, stiletto, switchblade knife, sword cane, pistol cane, blackjack, dagger, dirk-knife, or other deadly weapon as defined in RSA 625:11, V; and ..

The issue of a bow and arrow was addressed by NH Supreme Court and they said:

A bow and arrow is not one of the enumerated weapons under RSA 159:3, I(a); therefore, to be considered a " deadly weapon" for purposes of that statute, a bow and arrow must fall within the definition of a deadly 158 N.H. 48 weapon under RSA 625:11, V (2007). RSA 625:11, V defines deadly weapon as " any firearm, knife or other substance or thing which, in the manner it is used, intended to be used, or threatened to be used, is known to be capable of producing death or serious bodily injury." Thus, the State was required to prove not only that the defendant possessed the bow and arrow, but that in the manner the defendant used, intended to use, or threatened to use the bow and arrow, it was capable of producing death or serious bodily injury.

State v. Pratte, 158 N.H. 45, 959 A.2d 200 (N.H. 2008)

So the answer is really a maybe you can possess a knife if in the manner it is used so if opening boxes or working on a house the knife is a essentially a tool such as a box cutter.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.