Michigan auto knife legalization failed?

W

withanx

Joined
Aug 15, 2012
Messages
228
It looked like we were on the right track for a long time with HB 5544 removing prohibition on automatic opening knives in Michigan. It passed in the house and moved to the Senate in December.

Now Rep. Foster (author of HB 5544) has introduced a new bill HB 4262 which is very similar to HB 5544 but seems to exclude the removal of 750.226a which is the part that prohibits automatic knives under current law.

AKTI posted an update on 3/7 to their coverage of this topic saying that HB 4262 has only "minor" changes from HB 5544, but not removing the automatic knife prohibition is not "minor" in my mind. Have I missed something in HB 4262? Here is their article: http://www.akti.org/news/michigan-bill-will-remove-switchblade-prohibition
 
It would appear you are correct, withanx. I posted about HB4262 on here a few weeks back but didn't notice the lack of a repeal for 750.226a. This is very disappointing; it's still in the House and hasn't been voted on yet, so perhaps it's not too late to write to our legislatures and request an amendment to the bill repealing 750.226a.
 
Anyone who lives in Michigan or visits Michigan often should write to their/a Michigan representative and request an amendment be made to add repealment of section 750.226a of the Michigan Penal Code which bans switchblades. In case anyone needs ideas, my letter to my representative is pasted below (I also talked about preemption and concealment in my letter). You can find your representative here: http://www.house.mi.gov/mhrpublic/

Dear Representative <insert name>,

Last year I wrote and urged you support a bill (HB5544) which would clarify Michigan's knife law and make it easier to follow. That bill was not voted on in the Senate before the end of last year's session, but Rep. Frank Foster has re-introduced similar legislation as HB4262 this session. I hope that you will support this bill as you did the last one.

However, unlike last year's HB5544, the current HB4262 does NOT appear to repeal section 750.226a of the Michigan penal code which bans switchblades. Repealing 750.226a was a wise move as switchblades are no more dangerous than any other form of pocket knife; the only difference is the mechanism by which they open, a mechanism which is no faster or more dangerous than most modern manual opening pocket knives. I don't know whether it's feasible to introduce an amendment to the bill at this point in the legislative process, but if it is, I would urge you to recommend that the language repealing 750.226a be introduced to HB4262 as it was in HB5544.

Further, if you deem it prudent, I would suggest that an amendment be made to the bill which would preempt local governments from having knife regulations more strict than the state. This is in-line with Michigan's current firearm laws which similarly preempt local governments from enacting stricter gun laws than the state, and would protect traveling knife owners from accidentally breaking the law due to the patchwork of differing knife laws across various cities and towns in Michigan.

The final amendment I would suggest is that holders of a valid Concealed Pistol License be fully exempted from restrictions on the concealment of knives; it makes little sense to trust CPL holders with a concealed handgun but not a concealed knife, as Michigan law currently does.

Thank you for your time and service to our state,

<my name, contact information>
 
Anyone have any update to this? I can't find anything online and don't know if I should still be writing my representatives. Thanks!
 
This 4262 was passed allowing knives longer than three inches to be carried, without malicious intent, aka "I'm a collector." As long as it is sheathed.
 
SpartanM39 said:
This 4262 was passed allowing knives longer than three inches to be carried, without malicious intent, aka "I'm a collector." As long as it is sheathed.
Click to expand...

Did this happen today? I thought it was dead in the Senate. It's been sitting since June after it passed the House.
 
I wish you guys up there would get it together. I am trying to gift folding knives for Michigan relatives; a whole bunch of them. Yes, I have some 3" Calys, but do I dare throw in some 3.5" Calys and Gayle Bradleys into the box also? I came from that state, a long time ago, and it's about time for someone, in the gov't, to wake up...up there.
sonnydaze
 
Sonnydaze said:
I wish you guys up there would get it together. I am trying to gift folding knives for Michigan relatives; a whole bunch of them. Yes, I have some 3" Calys, but do I dare throw in some 3.5" Calys and Gayle Bradleys into the box also? I came from that state, a long time ago, and it's about time for someone, in the gov't, to wake up...up there.
sonnydaze
Click to expand...

It is not illegal to carry any length of folding knife in Michigan as long as you're not carrying it with "criminal intent". Confirmed by several cases and LEOs.
 
Withanx,
Thank you for your reply. That opens up the field considerably. Again, my appreciation.
Don D aka sonnydaze, previously from Lansing area...
 
withanx said:
It is not illegal to carry any length of folding knife in Michigan as long as you're not carrying it with "criminal intent". Confirmed by several cases and LEOs.
Click to expand...

Be careful with that comment as I wondered what the deal was with the length allowed to be carried so I called the State Police post here in Traverse City and was given three different laws! The common agreements from the three calls were "no fixed blades or automatics" and "blades no longer than 3 inches". I even quoted the statue that only mentioned 3 inches if you were carrying a knife while commiting a crime!

So as far as the police are concerned or at least the three I talked to, 3 inches is the limit and the reason I called is because I wanted to carry my PM2 but wont now as I just dont trust the LEO's to know what is legal and what is illegal!
 
Yes, that "with criminal intent" is the fly in the ointment...and why I don't trust those guys. My son-in-law is a 20-year cop up there, and he says the same thing...nothing over 3 inch blade. Arguing with a cop never turns out badly...for the cop. :)
 
I usually carry knives over 3 inches and I haven't had any run-ins with the police yet but I'm considering printing out that statute and keeping it in my wallet or something in case they give me any shit. I still wouldn't want to carry anything like a Rajah 2 though, because it would be hard to get away with "Because its cool" as an excuse.
 
Sonnydaze said:
Yes, that "with criminal intent" is the fly in the ointment...and why I don't trust those guys. My son-in-law is a 20-year cop up there, and he says the same thing...nothing over 3 inch blade. Arguing with a cop never turns out badly...for the cop. :)
Click to expand...

That is so true! I have a brother in law that carries a folder with almost a 4 inch blade and when he gets pulled over (more than once) the cop pulls it out and says nothing! If might help that is it a beater blade so nothing expensive but me I dont trust it so I keep it 3 inch and under!

I too have the statue printed out and keep it with me, just in case I decide to carry something bigger like a Manix 2 or PM2 but I probably wont as I dont want it confiscated or get busted! Too vague of law!!
 
You must log in or register to reply here.
Back
Top