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What knives are illegal to carry in Ohio? In particular are OTF knives illegal? What if I have an Ohio Concealed Carry Weapon permit to carry a gun?
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Ohio knife carry laws
- Thread starter Stan Dwyer
- Start date
Ohio laws permit you to own or openly carry any knife (unless a county or city law applies). However, concealed carry really gets tricky because the law is very vague. No specific knives are mentioned, or knives at all for that matter. It's just illegal to carry a "deadly weapon" concealed on your person and/or readily at hand, per Ohio Revised Code 2923.12. The definition of "deadly weapon" under ORC 2923.11 is similarly unhelpful:
The statute provides no exceptions on knives for your concealed handgun license, because it's, you know, a concealed handgun license. Yeah it's dumb but Ohio's not alone on that one.
However, there's some case law on the books about this. State v. Port (2006) involved a man arrested for a 7.5" locking folder, with it's blade open, that was he was sitting on top of when cops questioned him about head-butting his ex-girlfriend in the face. When questioned, Port said the knife was for personal protection. The court ruled that this makes it a "deadly weapon" because protection still makes intent to use as a weapon, and he was convicted. This view was upheld by the Court of Appeals.
On the other hand, State v. Thompson (2010) ruled that a 3" sheath knife was not a "deadly weapon" because it was used by Thompson for bricklaying. Thompson encountered police because he was drunk off his gourd and banging his head against a wall. When the cops were called, they asked if he had weapons on him, and he merely responded that he had a knife, not saying why he had it. Thompson's boss from the bricklaying business actually took the stand and stood up for him, explaining he gave Thompson the knife for work and went into detail about why it was a good knife for their specific type of work. The court agree with the assertion that the trial court had not produced evidence that the knife was adapted, designed, or carried with intent to use as a weapon, and reversed the conviction.
The point is, legality seems to be entirely circumstantial if the knife is concealed. It's more important that the knife has a utilitarian purpose, is found under circumstances that don't suggest you intended it as a weapon, and that you don't say anything to the cops to suggest otherwise. An OTF knife, I have to say, is going to raise some eyebrows, and you'd have a hard time arguing it's not designed as a weapon. That said, you could still carry it openly.
Probably you've noticed the two defendants in the cases above were not exactly class acts. This is quite normal. 99.9996% of the time cops don't bother you and find concealed knives on you if you don't do something stupid in the first place.
The statute provides no exceptions on knives for your concealed handgun license, because it's, you know, a concealed handgun license. Yeah it's dumb but Ohio's not alone on that one.
However, there's some case law on the books about this. State v. Port (2006) involved a man arrested for a 7.5" locking folder, with it's blade open, that was he was sitting on top of when cops questioned him about head-butting his ex-girlfriend in the face. When questioned, Port said the knife was for personal protection. The court ruled that this makes it a "deadly weapon" because protection still makes intent to use as a weapon, and he was convicted. This view was upheld by the Court of Appeals.
On the other hand, State v. Thompson (2010) ruled that a 3" sheath knife was not a "deadly weapon" because it was used by Thompson for bricklaying. Thompson encountered police because he was drunk off his gourd and banging his head against a wall. When the cops were called, they asked if he had weapons on him, and he merely responded that he had a knife, not saying why he had it. Thompson's boss from the bricklaying business actually took the stand and stood up for him, explaining he gave Thompson the knife for work and went into detail about why it was a good knife for their specific type of work. The court agree with the assertion that the trial court had not produced evidence that the knife was adapted, designed, or carried with intent to use as a weapon, and reversed the conviction.
The point is, legality seems to be entirely circumstantial if the knife is concealed. It's more important that the knife has a utilitarian purpose, is found under circumstances that don't suggest you intended it as a weapon, and that you don't say anything to the cops to suggest otherwise. An OTF knife, I have to say, is going to raise some eyebrows, and you'd have a hard time arguing it's not designed as a weapon. That said, you could still carry it openly.
Probably you've noticed the two defendants in the cases above were not exactly class acts. This is quite normal. 99.9996% of the time cops don't bother you and find concealed knives on you if you don't do something stupid in the first place.
they are pretty vague, intentionally I assume. A few counties have a 2.5 inch blade limit, but if it's not directly stated (as is the case for most like Columbus etc.) there is no limit, however I would use common sense. A folder should be fine with the clip openly visible. I used to walk around with a Buck 110 on my hip and never had an issue. My current EDC is a Strider SNG or a Buck Strider 889. Never had an issue. I also CCW..
I agree, we all consider them tools. What does a black blade deter you?
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Perception. Florida has similarly vague knife laws. While we as enthusiasts know most restrictive knife laws are silly, sheeple do not, along with some liberal cops. I love my Cold Steel LG Recon, but a LEO may not. Getting a citation or losing the knife isn't going to change the law or people's perceptions, so I carry a more appropriate knife to work or around town so as not to push buttons. Why do that if you have options?
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Honestly I'm kind of over black blades (personal preference) but something about a black blade scares some sheeple......not sure why
Yea. That's one thing i don't see. The color of a blade... I think size, fixed blade, opening mechanism (I.e. Auto, spring assist) may... not color in my opinion, I think you're preference or "being over" black blades skews the perception. It's a color coating. All the other attributes i mentioned are the prevalent ones, but it is interesting (or comical) to here how "sheeple" look at colors as scarier...
Bottom line, use common sense on blade size type, etc and no worries.
Bottom line, use common sense on blade size type, etc and no worries.
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But at least in FL if you have your CWFL you are covered for knives as well. The only problem being that knives are not covered under preemption but that is mostly only an issue in idiot lib South Florida.
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They are covered, but with no pre-emption they might as well not be. Where I live the military bases help, but drive through a particular city 20 miles away and suddenly you have a 3" length limit and police are not knife friendly. Might as well leave knives off the CWFL at that point. Also, I live in the panhandle, so it's not just the South.
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Butterfly, double edge, switch blade, and ballistic knives used to be listed specifically in the ORC. around ten years or so ago they were taken out (Revisions). Double edged and ballistics will still get you in trouble but Ohio's knife and concealed weapons laws are intent based, unless its an actual weapon, like Double edge or ballistic.
Meaning, if you have the intent to use or are using it as a weapon, then it is, doesn't matter if its a rock or a set of keys.
Police Officers aren't Prosecutors, all the Officer does is file the charge, it goes to the Prosecutors office from there and then the Prosecutor decides if the charge is valid and that they will prosecute.
Its not always as easy as you would think, more times than you would think, the Prosecutors will hold or drop the charge and not prosecute for one reason or another. Mostly because of prior record, or lack, or cost of prosecution, or jail occupancy numbers.
I've carried a knife for forty + years and not had to many problems, actually got into an argument with an Officer in a court house over twenty years ago, ended in the Prosecutors office with him reading the ORC to the Officer and me walking out smiling. Could have, and would have went differently today, but at the time, I was right and the Prosecutor wasn't a dick.
Just as said above in the other posts, different municipalities do have different laws, those are listed in the ordinances of that specific municipality.
If you want to know the laws, don't ask a cop, ask the Prosecutor, that's who makes the decisions about prosecution.
My advice, don't be stupid, and you shouldn't have to many problems.
When asked do you have any weapons on you and all you have is a knife, then answer No, but I do have a knife. That shows that you don't feel or plan to use it as a weapon.
Good luck.
Just for the fun of it, It is possible to talk your self into an arrest or citation. Police Officers are not lawyers, or prosecutors, they have books, the internet, Sargents, and Lieutenants to tell them what exact ORC you just violated. So standing there asking them to quote you the law that you just broke could end with them coming up with 1/one or 2/two, and letting the Prosecutor explain it to you and your lawyer.
I have showed my Buck Strider 889 folder to several LEO friends on the force and they laughed..
Just use common sense, Ohio is vague for a reason. They said in a given situation tell the LEO you have no weapons but you do have a "utility tool knife" you use for everyday jobs and work.
Its places like NYC that you need to worry about, and dont ever take an EDC knife there or you will pay dearly
Just use common sense, Ohio is vague for a reason. They said in a given situation tell the LEO you have no weapons but you do have a "utility tool knife" you use for everyday jobs and work.
Its places like NYC that you need to worry about, and dont ever take an EDC knife there or you will pay dearly
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I do not want to presume to have any answers on legal carry except for the general statement that the authoritative source is probably the state Attorney General's office. Many of the Attorney General's have web sites in which certain legal questions are answered and where unanswered questions may be presented. Where the state has a law, they will know whether it preempts attempts of localities to enact more restrictive measures. Though I have the greatest respect for law enforcement, ultimately, they bring you before the system headed by the Attorney General.