"Open Carry" in MI

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Dec 21, 2015
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Hello!
I am thinking of buying an OSO Sweet for self-defense. I live in Michigan and am not sure about what it means to "open carry." Can I carry the knife in the glove compartment in my car? And how much of the knife can be exposed when I am carrying it with me? Meaning how much has to be in plain site:confused:? With this said, would I be better off carrying a hunting knife instead? Keep in mind I am a women...new to the knife scene, but hey, one has to start somewhere!
 
Hi and Welcome to BladeForums! I'm glistam, one of this sub-forum's resident criminal-law geeks. Because I have to say it, I'm not a lawyer and this is not a substitute for legal advice. However, I've been at this for a very long time and I provide official sources when possible so that you can verify what I post to go over it with your own attorney if you can.

The OSO Sweet is a folding knife, and is therefore legal under the Michigan state law to carry concealed or openly, however you feel like. While it is an assisted-opening knife, this is distinct from a true switchblade and so far, Michigan's courts have ruled they are not the same thing. Switchblades are illegal to even so much as own in Michigan.

Michigan has two laws of concern in this case, Sections 750.226 and 750.227. I'll explain them in reverse order because there is an important point I want to cover.

750.227 makes it illegal to carry "a dagger, dirk, stiletto, a double-edged non-folding stabbing instrument of any length, or any other dangerous weapon" in a concealed manner on the person. The OSO Sweet is none of these things. The law does clarify that a "hunting knife" does not count as one of the aforementioned restricted knives, though the term is never defined in law. Case law indicates it's single-edged only, and it has to be plausible that it is a utilitarian knife and not carried with intent to use it as a weapon, which brings me to the next part of the law....

750.226 makes it illegal to carry any "dagger, dirk, razor, stiletto, or knife having a blade over 3 inches in length, or any other dangerous or deadly weapon or instrument" with intent to use it against another person. A knife with a blade over 3 inches is not illegal on it's own, but only with intent, and this has been upheld in the courts. Note that it does not matter if it is concealed or not for one to violate this law. Thus, a hunting knife carried in a situation where the police feel it was intended as a weapon is still illegal.

This is important to understand because you said you specifically want to carry your knife for self-defense. Self-defense is considered intent to use as a weapon by most police officers. Yes, the statute does say "unlawfully against the person of another," but statements I gathered from Michigan police officers suggest that a significant number of them (granted, small sample size) will presume the "unlawfulness" if you say "self-defense" and let the courts sort it out. That's an embarrassing and expensive proposition. Some of this is the law, and some this is a sociological phenomenon among police officers, which is a long story but I'll expand on that if you want me to. It is therefore in your best interest to keep tight-lipped about your intent with the knife and have a plausible utilitarian explanation for the cops if you ever have to explain yourself. This includes if you ever use the knife in self-defense; talk about the knife like it was an improvised weapon.

Knives for self-defense have very important and glaring limitations. I could go on for a while, but this post is already long, so to sum up, they are deadly force in the eyes of the law, and assailants are definitely not above running like little wimps to the police and painting you as the aggressor if you use a knife improperly in defense.
 
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I found this via a Google search, and glistam's reply to this is perhaps the best explanation I have heard on MI knife laws. Ever.

I wanted to comment on the OP as well. It is generally ALWAYS a bad idea to make a statement to ANYONE in Michigan that you carry ANY knife for self defense. If it's under 3", technically and legally it is not a "dangerous weapon per se", even if used for self defense, however a knife fight conducted with a sub-3" knife is not going to go well for anyone. a blade of 3" or over and it's a felony, even for self-defense.

On the OP's comment on whether or not to use a hunting knife, absolutely not. While a 5-10" blade might seem better suited for a defensive role, and perhaps properly handled, it is, Michigan knife laws distinctly say that a hunting knife is to be carried and adapted as such to be legal. This means walking around town or Wal-mart with a Buck 119 strapped to your belt is illegal, UNLESS you just jumped out of your vehicle coming or going to a hunting trip or something of the sort.

Carrying a hunting knife in any manner, as a self-defense item will land you in jail and being prosecuted. Also please remember that there is no preemption in Michigan for knife laws, so a 4" folding knife in one city/town/county may be absolutely ILLEGAL to carry or possess in the next city/town/county 10 minutes away.
 
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