utah auto knife law

[TheEisiminger]

hey i was wondering if i can buy .carry or own auto knives in utah thanks.

[michaelm466]

I know for sure you can own and buy them in Utah, BladeHQ (located in Lehi, UT) sells several different kinds, not completely sure about the carrying part, so I won't comment on that.

[Viper715]

My google fu seems to have found there is no regulation on the open carry of an auto knife. As long as it is not concealed it looks like your ok. If you have a concealed firearms permit you can carry other dangerous instruments concealed as well. They dont seem to have any real restrictions on open carry items only concealed. This is not legal advise and I suggest you read the Utah health and safety code yourself. In particular chapter 76-10-501 for definitions to include dangerous weapon and 76-10-504 penalty for concealed dangerous weapon.

http://le.utah.gov/~code/TITLE76/htm/76_10_050100.htm

http://le.utah.gov/~code/TITLE76/htm/76_10_050400.htm

[TheEisiminger]

thanks very much for the post

[Ukyo]

I think Viper is on to something.

Here is what I have found. Feel free to agree or disagree.

If you have a concealed carry permit I wouldn't worry about it.

If you don't have a carry permit I would not carry any knife.

See UCA 17-50-332, 76-10-501(6)(b), and 76-10-523(2).

http://le.utah.gov/~code/TITLE17/htm/17_50_033200.htm

http://le.utah.gov/~code/TITLE76/htm/76_10_050100.htm

http://le.utah.gov/~code/TITLE76/htm/76_10_052300.htm


Basically only the State legislature can regulate knives.
Knives are considered dangerous weapons that cannot be concealed.
There are factors a prosecutor can consider to determine on a case by case basis if a knife is dangerous, i.e. it's character or manner of use (see 76-10-501(6)(b)).
You can bet they would love to refer to it as a switchblade . . .
However, if you have a concealed firearm permit, that section does not apply to you and no analysis on it's character can be made.

The Utah State Constitution expressly abolished all common law crimes. What that means is that you can only be prosecuted for a crime in Utah in State court
if it is on the books. There are no auto knife laws on the books. That is why you must think broader, in terms of carrying a knife or deadly weapon generally.

Blade HQ was instrumental on getting the knife preemption law passed. Support them with your purchases. I am in no way affiliated with them fwiw.



I don't worry fwiw

[tom19176]

The Federal law on possession does not apply to states. This is the Federal law on possession:


Section 1243. Manufacture, sale, or possession within specific jurisdictions; penalty

Whoever, within any Territory or possession of the United States,
within Indian country (as defined in section 1151 of title 18), or
within the special maritime and territorial jurisdiction of the
United States (as defined in section 7 of title 18), manufactures,
sells, or possesses any switchblade knife, shall be fined not more
than $2,000 or imprisoned not more than five years, or both.


States are not included in the above.....

here is the whole Federal law:

http://www.knife-expert.com/fedswitch.txt

[Ukyo]

Yeah, you are right as far as possession goes for that section of the Act. My bad.

[TheEisiminger]

Thanks but I am not at the legal age to get my ccw

[ElConquistador]

I think Viper is on to something.

Here is what I have found. Feel free to agree or disagree.

If you have a concealed carry permit I wouldn't worry about it.

If you don't have a carry permit I would not carry any knife.

A Utah carry permit allows you to carry a concealed handgun(s) period. Do not assume that it permits you to carry/conceal otherwise banned knives, rifles, shotguns, or whatever other weapons you may want to carry.

That being said, Utah knife laws are unclear at best. Personally I don't see any advantage to a auto other than the cool factor and I don't own one.