Knife Laws

Joined
May 6, 2000
Messages
358
I, and probably others, am interested in laws relating to knives. Most of us already understand this. Knife laws can be very different from one area other and they can be vague and confusing. And some people "claim" to know what the law says about knives but may not actually know.

So I would like to see some posts of knife related laws in your country, state, or local area. Please try to actually reference the law - not what you think the law says.

We have to understand though that these posting will be for information purposes only and it is up to each person to research and comply with laws in their own areas.

Thanks.

 
Here's what I found for Texas, USA:

(I don't guarantee any of this, so don't take my word for it; look up the law yourself to be sure.)

Texas State Penal Code
Title 10, Chapter 46
Sec. 46.01 (6)

Illegal knives:

Knives with a blade over five and one half inches.

Hand instrument designed to cut or stab another by being thrown

Dagger, including but not limited to a dirk, stilletto, and poniard.

Bowie knife

Sword

Spear

Sec. 46.02 states that a person commits and offense if he intentionally, knowingly, or recklessly carries on or about his person a handgum, illegal knive, or club.

Sec. 46.05 Prohibited Weapons:

Among other things possession of a switchblade knife (any knife that has a blade that folds, closes, or retracts into the handle or sheath and opens automatically by pressure applied to a button or other device located in the handle or opens or releases a blade by by force of gravity or application of centrifugal force) is an offense.

Penalties:

Class A misdemeanor (includes possession of a Switchblade knife)

Punishment: Fine of up to $4000; jail term of not to exceed 1 year; or both.


Third Degree Felony if committed on the premises licensed for the sale of alcoholic beverages, school, educational institution or activities, at a polling place, govenment court or court offices, at a racetrack, in the secured area of an airport, (the penalty for an offense committed at a school or educational institution can be increased to the next higher category of offense)

Punishment: Jail term of not more than 10 years but not less than 2 years; a fine not to exceed $10,000; or both.


 
Here is what I found in the US Code regarding knives.

Again, I don't guarantee any of this so look it up yourself to be sure.

18 USC Section 930 Possession of Firearms and Dangerous Weapons in Federal Facilities:

(g) (2) Dangerous Weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length.

Offenses:

Possession of a firearm or dangerous weapon in a Federal facility.

Penalty: Fine or imprisionment of not more than one year or both.

Possession and use of a firearm or dangerous weaon used in the commission of a crime in a Federal facility.

Penalty: Fine or imprisionment of not more than five years or both.

Killing or attempting to kill someone in an attack in a Federal facility.

Penalty: As outlined in sections 1111, 1112, 1113

Possession of a firearm or dangerous weapon in a Federal Court Facility.

Penalty: Fine or imprisionment for not more than two years or both.

 
There are some good threads on Canadian knife laws in the Canadian Connection. Our laws are too convoluted and the posts too long to repeat here. Although I haven't read it, I understand that Sochin has written a book on the subject and has a webpage. Hey, Fighting Old Man, you out there? Can you give us a link and some details?
 

Here are the Canadian laws:

As of right now the main restrictions on the types of knives in Canada are listed in Section III of Bill C68

"prohibited weapon" means

(a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or
attached to the handle of the knife

This bans switchblades and knives that you can flip open ie. swinging/snapping the knife in a circular motion.

Note one handed opening via holes in the blade, disks, studs etc., are not illegal.

Law enforcement officers and many other types of civil employees, firemen etc. are not bound by this.

There are no federal laws about about the lengths of knives allowed. As far as I know, no provinces have specific legislation about knife lengths either. However
there are many informal "blade length rules" in Canada. These vary from 3" to 4" for folders in various areas around the country depending on what differentiates a
pocket knife from a fighting knife to the local constabulary.

One other important bit of information is that there are no federal laws about knife materials, this means that non-magnetic knives are legal for possession and carry.
As well there are no formal laws on serrations, or dual edged blades, however these are much more likely to catch the attention of a police officer, or security say at
an airport.

Besides the restrictions on opening mechanism there are two additional policies you need to be aware of. The first is concealment, technically its not allowed at all,
even a SAK can get you in trouble, ie.

90. (1) Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is
authorised under the Firearms Act to carry it concealed.

You can get a concealed carry permit (talk to the local constabulary) but its very difficult. However I have been carring a SAK in my back pocket for 15 years
without one incident, including going though various airports. This is mainly because of the second and most general rule : most police officers will ok any knife they
regard as a "tool", but if they feel in any way that it's for "fighting" they'll take it off you and you can get charged for possessing a dangerous weapon. What this means
is that is you ever get asked "why you are carrying that?", never ever say "For self-defence", say its for cutting boxes, rope, tubing, food etc.

This probably comes from this section of C68

117.15

(1) Subject to subsection (2), the Governor in Council may make regulations prescribing anything that by this Part is to be or may be
prescribed.

(2) In making regulations, the Governor in Council may not prescribe any thing to be a prohibited firearm, a restricted firearm, a prohibited
weapon, a restricted weapon, a prohibited device or prohibited ammunition if, in the opinion of the Governor in Council, the thing to be
prescribed is reasonable for use in Canada for hunting or sporting purposes.

Along those lines anything consider to be intended to be used as a weapon can get you into trouble, for example all of the following are banned in Canada:

"nunchaku" and any similar instrument or device, being hard non-flexible sticks, clubs, pipes or rods linked by a length or lengths of rope, cord, wire or chain;
"shuriken", being a hard non-flexible plate having three or more radiating points with one or more sharp edges in the shape of a polygon, trefoil, cross, star,
diamond or other geometric shape;
"manrikigusari" or "kusari", and any similar instrument or device, being hexagonal or other geometrically shaped hard weights or hand grips linked by a length
or lengths of rope, cord, wire or chain;
any finger ring that has one or more blades or sharp objects that are capable of being projected from the surface of the ring.
"crossbow", with a stock of 400 mm or less
"Constant Companion", being a belt containing a blade capable of being withdrawn from the belt, with the buckle of the belt forming a handle for the blade
any knife commonly known as a "push-dagger" that is designed in such a fashion that the handle is placed perpendicular to the main cutting edge of the blade;
and any other similar device but not including the aboriginal "ulu" knife.
"Spiked Wristband", being a wristband to which a spike or blade is affixed; and any other similar device
"Yaqua Blowgun", being a tube or pipe designed for the purpose of shooting arrows or darts by the breath; and any other similar device
"Kiyoga Baton" or "Steel Cobra" and any similar device consisting of a manually-triggered telescoping spring-loaded steel whip terminated in a heavy calibre
striking tip;
"Morning Star" and any similar device consisting of a ball of metal or other heavy material, studded with spikes and connected to a handle by a length of chain,
rope or other flexible material.
"Brass Knuckles" and any similar device consisting of a band of metal with finger holes designed to fit over the root knuckles of the hand.
Any device designed to be used for the purpose of injuring, immobilising or otherwise incapacitating any person by the discharge therefrom of
(a) tear gas, Mace or other gas, or
(b) any liquid, spray, powder or other substance that is capable of injuring, immobilising or otherwise incapacitating any person,



------------------
KSwinamer

Atheism....A non-prophet organization
 
Kansas State Law

I interpret this to mean folders 4 inches or less are legal to carry concealed (No autos, except police and active military), and presumably any large fixed blade could be carried openly, in theory. However, I'm not an attorney and have never played one on TV.


http://www.ink.org/public/legislative/statutes/statutes.cgi?bill=21-4201

21-4201. Criminal use of weapons. (a) Criminal use of weapons is knowingly:

(1) Selling, manufacturing, purchasing, possessing or carrying any bludgeon, sandclub, metal knuckles or throwing star, or any knife, commonly referred to as a switch-blade, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle
of the knife, or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement;

(2) carrying concealed on one's person, or possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slung shot, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly weapon or instrument of like character, except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife, or a dangerous or deadly weapon or instrument.

[This message has been edited by Raver (edited 05-11-2000).]
 
oHIo knife laws are easy ones, it's the oHIo cities that are tough:

Automatics (switchblade) and Gravity (butterfly) Knives are Illegal period!

That's about all she wrote!

The tricky part is each city has their own laws and some don't have any.

Cities determine what you can carry as far as blade length goes and some cities don't even allow locking folders. Go figure!

So, if you are traveling through oHIo, what ever the city you are in at the time, that's what you have to go by, legally that is!

This excludes governmental facilities, there are even different laws there as well!

AKTI.jpg




[This message has been edited by Mark W Douglas (edited 05-11-2000).]
 
California knife law is an exhaustive subject that's been covered in depth already. Go look through the ATKI forum, you'll come across a great thread or two on the subject.

The Sifu's 5.45 megafolder blade is that length so that it slides in under the TX 5.5" limit
smile.gif
.

It would be interesting to know if the knife rules in TX are being applied (in practice) to CCW holders. A TX CCW does NOT give you extra leeway in cutlery per official law, at least not yet. Odds are there's cops out there who would feel silly busting a gun-legal individual for a knife.

But it should be possible to petition the legislature to officially exempt permitholders from knife laws. The two arguments I'd make in pushing such would be:

1) "Some people are martial artists from non-gun-culture areas (Japan, California
smile.gif
, etc) and if they want to pack a cane sword or whatever, why the heck not?" This could be augmented with a petition from local Senseis/Guros/Sifus
smile.gif
.

2) "Permitholders may need to defend themselves in a bystander-dense environment such as a subway, and would like a non-firearm alternative in such event". As one example, reference a recent police shooting in San Francisco where an officer was confronted with an attacking dog, he shot and missed, his single .40S&W round went through his partner's butt (literally) and into a kid's knee. Total clusterf&*k that didn't need to happen; a good-sized knife isn't a bad anti-dog weapon and "backstop worries" are a non-issue.

Properly presented to Ms. Gracia-Hupp or similar, this'd be a slam-dunk.

Jim
 
I'm certain that no auto's are allowed. Other than that,...I lost the last copy of the Illinois deadly weapons act (which I think has all the info for the state regarding knives) so I'm not really sure, anyone in Lincoln's Land please post what you know.
 
Yu are correct. The TX CCW law is for HANDGUNS. I don't know if any state CCW law covers knives.

Personally, I rarely carry a knife with a blade of 5 1/2" long. Don't need to except for hunting or fishing. I usually carry knives with much shorter blades.

Just because one CAN do something that is legal does not necessarily mean that it is prudent to do so.

 
Regarding knife laws, I would like to know from you LEOs out there:

Did you receive training about knife laws?

Were you instructed on how to identify illegal knives? For example, do you know what a dagger, dirk, or poniard is?

Were you instructed in how to determine the length of a knife blade to determine whether or not it was legal?

Thanks.
 
I'm originally from Illinois and have looked up the state law there relating to knives. My brother in law was carrying a large Schrade folder and I do remember it being illegal to carry. I think the limit in IL is 3" but I will look it up again and re-post when I get a chance. I bookmarked the IL statute so I could find it. But itf anyone beats me to it that is fine too!

Originally posted by Strabs:
I'm certain that no auto's are allowed. Other than that,...I lost the last copy of the Illinois deadly weapons act (which I think has all the info for the state regarding knives) so I'm not really sure, anyone in Lincoln's Land please post what you know.

 
Florida allows you to carry pretty much everything, or nothing. If you have a CCW (which in Florida is an honest concealed WEAPONS permit, not just handguns) you can carry most anything you want as long as it's concealed and legal (i.e. no sawed off shotguns, etc.). the problem comes in if you DON'T have a CCW. Florida statutes Sec. 790 defines any concealed weapons as, among other things, knives, except "common pocket knives." What is a common pocket knife (officially?) Well, putting in calles to FDLE, FHP, my local Sheriff's office, local PD, as well as my friend who's been a Trooper for 13 years got me...5 different answers. The law is written in such a way as to give the Officer lots of leeway. So the old story about "four fingers" which I have seen used countless times at gun shows, stores, etc carries no weight whatsoever. In Florida, anything more aggressive than a nailfile could get you up to a year unless you have a CCW.

Question: What do you guys do in Texas to cut bread? I've never seen a blade on a bread knife less than about 8 inches long. Are they also illegal in TX?

Tom
 
I looked up the Illinois Compiled Statutes on the net and found the following:

720ILCS5/24:

It is illegal to possess switchblades and ballistics knives.

It is illegal to carry switchblades, ballistic knives, daggers, dirks, "dangerous knives" razors, and stilletos. I did not find any definition of a "dangerous knife".
I supposed the authorities could consider most any knife a "dangerous knife".

I found no reference to blade length.

But I did not get to do a real comprehensive search so please don't take my word for it. Check it out yourself before taking any risks.

Originally posted by Strabs:
I'm certain that no auto's are allowed. Other than that,...I lost the last copy of the Illinois deadly weapons act (which I think has all the info for the state regarding knives) so I'm not really sure, anyone in Lincoln's Land please post what you know.

 
I personally use a bread knife. It is similar to a butcher knife but they sometimes have a blunt point and usually have 10-12" blades.

Remember, most blade length laws deal with carrying, not possessing or using knives.
A lot of kitchen knives are 8" or longer.

Now you can get in a bind in most states if you go out an buy a large knife like a butcher knife, put it in it's store bag on the vehicle seat next to you and drive home. You could, technically be charged with carrying a illegal knife in many jurisdictions if you were stopped by a police officer for some violation. So put em in the trunk or cargo compartment.

In Texas the maximum legal to carry blade is 5 1/2" which is the longest specified legal to carry blade length that I have found. Some states have laws that don't specify blade length though.

Question: What do you guys do in Texas to cut bread? I've never seen a blade on a bread knife less than about 8 inches long. Are they also illegal in TX?

Tom[/B][/QUOTE]

 
Lots of knife laws refer to an "Ordinary Pocketknife". But they usually do not specifiy what an ordinary pocketknife is or if they do it is generally vague.

So, what do you all consider to be an "Ordinary Pocketknife"?

 
Georgia (Keep in mind no weapons are allowed in school zones - 0 tolerance).
These are statutes that contain knife legislation as of 1998.

(The City of Atlanta has more strict very much like California's)

16-11-126 G
*** CODE SECTION *** 12/31/98

16-11-126.

(a) A person commits the offense of carrying a concealed weapon when
such person knowingly has or carries about his or her person, unless
in an open manner and fully exposed to view, any bludgeon, metal
knuckles, firearm, knife designed for the purpose of offense and
defense, or any other dangerous or deadly weapon or instrument of
like character outside of his or her home or place of business,
except as permitted under this Code section.

This is the only mention of blade length in the Georgia Statutes that does not pertain to School Saftey Zones(not in my words but quoting the statute).

16-11-106 G
*** CODE SECTION *** 12/31/98

16-11-106.

(a) For the purposes of this Code section, the term "firearm" shall
include stun guns and tasers. A stun gun or taser is any device
that is powered by electrical charging units such as batteries and
emits an electrical charge in excess of 20,000 volts or is otherwise
capable of incapacitating a person by an electrical charge.

(b) Any person who shall have on or within arm's reach of his person
a firearm or a knife having a blade of three or more inches in
length during the commission of, or the attempt to commit:

(1) Any crime against or involving the person of another;

(2) The unlawful entry into a building or vehicle;

(3) A theft from a building or theft of a vehicle;

(4) Any crime involving the possession, manufacture, delivery,
distribution, dispensing, administering, selling, or possession
with intent to distribute any controlled substance as provided in
Code Section 16-13-30; or

(5) Any crime involving the trafficking of cocaine, marijuana, or
illegal drugs as provided in Code Section 16-13-31,



------------------
" I am continually reminded of the rewards of dealing with custom knife makers and the custom knife community." Jeff J.
 
Raver....

I would imagine the following vauge description/s are common in other states statues.

I live in Kansas City (specifically Lenexa Ks) and there is something that bothers me about the Kansas/Missouri(Mo uses the same description) laws regarding the word "ordinary"...

read again: "[afore mentioned illegal items]...except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife, or a dangerous or deadly weapon or instrument."

The question i pose is.. What is "ordinary" now?
Is an "ordinary" knife still a Case, Old Timer, Buck or the like.... or is "ordinary" what most of us carry today? And what exactly would that be?

I tend to think that "ordinary" non-knife people would view my SOCOM as "extraordinary" and that the people who post here wouldnt consider it extraordinary at all.

We should all be weary of the generic term "blade length" too as there is usually no terms of measurment.
4" based on what? The length of exposed blade material? The lenght of the actual cutting edge on its arch? The length of the entire peice of material used for the blade including the pivot?
 
The vagueness of knife laws is definitely problem. Most knife laws leave entirely too much room for interpretation and therefore great latitude in decision making.

And the whole issue about blade length is something else. I have only seen two instances where the law actually specified how the length of a blade was to be determined. This is particularly important with folders and sheath knives where the blade tang extends all the way though the handle.

An agressive LEO or prosecutor will most likely measure the ENTIRE length of a blade, even that part inside the handle - as it is technically part of the blade. I am very cautious with folder that I carry to make sure that the entire blade is within the law. Course in TX up to 5 1/2" is allowed so it's not much of a problem here.

 
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