Ask WAVE: Can I legally carry a ‘sword cane’ without a permit?

LOUISVILLE, Ky. (WAVE) - As of 2019, Kentucky is a permitless concealed carry state, which means if you legally own a gun, you can legally carry it – hidden – with just a few restrictions.

But what if a gun isn’t how you want to arm yourself?

Steve submitted a related question to Ask WAVE:

“I was interested in buying a sword cane. Does permitless concealed carry apply to other deadly weapons, too?”

A sword cane is a novelty item that appears to be a normal walking cane. However, the user can unscrew the cane’s head and pull out a long knife or sword. The functional cane serves as a sheath for an equally functional weapon, effectively concealing it.

Kentucky’s permitless concealed carry statute (KRS 237.109) includes language giving the same allowances to “other concealed deadly weapons.”

“Deadly weapon” is defined by another statute, KRS 500.080, that includes “Any knife other than an ordinary pocket knife or hunting knife.”

The sword cane’s blade, usually about two feet longer, might appear to the average Kentuckian to be a “knife other than an ordinary pocket knife or hunting knife,” therefore categorizing it as a “deadly weapon” and making it eligible for permitless concealed carry.

Three Louisville-area lawyers consulted for Ask WAVE agree with that assessment. Brian Butler of Stites & Harbison, Mike Mazzoli of Cox & Mazzoli, and Sam Marcosson of the University of Louisville Brandeis School of Law all said that, essentially, under Kentucky law, if you are allowed to carry a gun that is concealed, then you are also allowed to carry a sword that is concealed.

Marcosson dug into the details with a minor caveat:

“I think there’s very little ambiguity in the statute, but there’s a little–but I think the answer has to be almost certainly yes,” said Marcosson. “The only ambiguity in there is that it doesn’t specifically mention swords in the statue.”

Still, Marcosson said the courts traditionally interpret statutes to give civilians the benefit of the doubt, a practice called the “rule of lenity,” said Marcosson, “because people have a right to rely on a statute that seems to make their conduct legal.”

Meaning, according to these lawyers, carrying a sword concealed inside a “sword cane” without a permit would seem to be legal conduct.

The lawyers were careful to remind civilians that this statute has important exceptions. Permitless concealed carry does not apply to places where deadly weapons are prohibited outright, like schools. Also, certain people (for example, most felons) are forbidden from carrying deadly weapons at all.

Furthermore, while the statute may protect the “carry” of the specialized cane, the law will not necessarily protect the use of the sword inside.

To submit your question to Ask WAVE, email kathleen.ninke@wave3.com.