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Fixed blade in Michigan?
- Thread starter rmc
- Start date
- Joined
- Jan 21, 2003
- Messages
- 252
What I have heard most recently was that fixed blade, single-edged knives of any length were legal, as long as they are NOT concealed. I.E. You can walk into Meijer with a 22" machete hanging on your hip in the open. I'm by no means any sort of expert on this, but that's what one of my LEO friends informed me.
Well, actually, I've never had any problems carrying it into places. Even been to Meijer a few times with it. I'm more concerned about driving with it. Is it considered a concealed weapon in a car? What if it's dark out (but still uncovered)? What if my jacket covers part of it? I'm carrying it for utility purposes mainly, and it is a hunting knife, but I just want to make sure I won't get a free ride in a police car.
Hello rmc,
Well, as far as I know, you are playing fast and loose with a five year felony. I'm not sure where you are in MI but the further North I've gone the LEO's are a bit less concerned, especially during a hunting area and hunting season. A 3" folder is the most I carry (legally) and fixed blades are totally out of the question unless you can prove you are in the process of getting some backstraps for your kitchen table.
The following are some Michigan knife laws for some light reading...
===========================
750.226 Firearm or dangerous weapon; carrying with unlawful intent.
Sec. 226.
Carrying firearm or dangerous weapon with unlawful intentAny person who, with intent to use the same unlawfully against the person of another, goes armed with a pistol or other firearm or dagger, dirk, razor, stiletto, or knife having a blade over 3 inches in length, or any other dangerous or deadly weapon or instrument, shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 5 years or by a fine of not more than 2,500 dollars.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;--CL 1948, 750.226 .
Former Law: See section 4 of Act 372 of 1927, being CL 1929, § 16752.
=============================
750.226a Pocket knife opened by mechanical device; unlawful sale or possession; persons exempted.
Sec. 226a.
Any person who shall sell or offer to sell, or any person who shall have in his possession any knife having the appearance of a pocket knife, the blade or blades of which can be opened by the flick of a button, pressure on a handle or other mechanical contrivance shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for not to exceed 1 year or by a fine of not to exceed $300.00, or both.
The provisions of this section shall not apply to any one-armed person carrying a knife on his person in connection with his living requirements.
History: Add. 1952, Act 233, Eff. Sept. 18, 1952 .
============================
750.227 Concealed weapons; carrying; penalty.
Sec. 227.
(1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person.
(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.
(3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;--CL 1948, 750.227 ;--Am. 1973, Act 206, Eff. Mar. 29, 1974 ;--Am. 1986, Act 8, Eff. July 1, 1986 .
Constitutionality: The double jeopardy protection against multiple punishment for the same offense is a restriction on a court's ability to impose punishment in excess of that intended by the Legislature, not a limit on the Legislature's power to define crime and fix punishment. People v. Sturgis, 427 Mich. 392, 397 N.W.2d 783 (1986).
Former Law: See section 5 of Act 372 of 1927, being CL 1929, § 16753
===========================
--------------------------------------
As you see some of these statements are a bit vague and open to different interpetations depending on the lawyer or judge. If you have the opportinuty to talk to legal counsel in your area I recommend you do so.
Take care,
Tom
Well, as far as I know, you are playing fast and loose with a five year felony. I'm not sure where you are in MI but the further North I've gone the LEO's are a bit less concerned, especially during a hunting area and hunting season. A 3" folder is the most I carry (legally) and fixed blades are totally out of the question unless you can prove you are in the process of getting some backstraps for your kitchen table.
The following are some Michigan knife laws for some light reading...
===========================
750.226 Firearm or dangerous weapon; carrying with unlawful intent.
Sec. 226.
Carrying firearm or dangerous weapon with unlawful intentAny person who, with intent to use the same unlawfully against the person of another, goes armed with a pistol or other firearm or dagger, dirk, razor, stiletto, or knife having a blade over 3 inches in length, or any other dangerous or deadly weapon or instrument, shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 5 years or by a fine of not more than 2,500 dollars.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;--CL 1948, 750.226 .
Former Law: See section 4 of Act 372 of 1927, being CL 1929, § 16752.
=============================
750.226a Pocket knife opened by mechanical device; unlawful sale or possession; persons exempted.
Sec. 226a.
Any person who shall sell or offer to sell, or any person who shall have in his possession any knife having the appearance of a pocket knife, the blade or blades of which can be opened by the flick of a button, pressure on a handle or other mechanical contrivance shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for not to exceed 1 year or by a fine of not to exceed $300.00, or both.
The provisions of this section shall not apply to any one-armed person carrying a knife on his person in connection with his living requirements.
History: Add. 1952, Act 233, Eff. Sept. 18, 1952 .
============================
750.227 Concealed weapons; carrying; penalty.
Sec. 227.
(1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person.
(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.
(3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;--CL 1948, 750.227 ;--Am. 1973, Act 206, Eff. Mar. 29, 1974 ;--Am. 1986, Act 8, Eff. July 1, 1986 .
Constitutionality: The double jeopardy protection against multiple punishment for the same offense is a restriction on a court's ability to impose punishment in excess of that intended by the Legislature, not a limit on the Legislature's power to define crime and fix punishment. People v. Sturgis, 427 Mich. 392, 397 N.W.2d 783 (1986).
Former Law: See section 5 of Act 372 of 1927, being CL 1929, § 16753
===========================
--------------------------------------
As you see some of these statements are a bit vague and open to different interpetations depending on the lawyer or judge. If you have the opportinuty to talk to legal counsel in your area I recommend you do so.
Take care,
Tom
- Joined
- Dec 25, 1998
- Messages
- 7,394
Probably, but I wouldn't advise it.