Question on Indiana and Michigan knife laws.

[Steel130]

I figured I would start a separate thread as I have two different questions on Michigan and Indiana knife laws.

First for Indiana

IC 35-47-5-2
Knife with blade that opens automatically or may be propelled
Sec. 2. It is a Class B misdemeanor for a person to manufacture, possess, display, offer, sell, lend, give away, or purchase any knife with a blade that:
(1) opens automatically; or
(2) may be propelled;
by hand pressure applied to a button, device containing gas, spring, or other device in the handle of the knife.
It would seem by this statement that Kershaw assisted opening blades are now illegal in Indiana?

And for Michigan. Their main knife law statement seems like a huge grey area.

Michigan -750.226... Carrying with unlawful intent
Any 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.

Is it only illegal for me to carry a blade over 3" if I plan to hurt someone with it?

 

[glistam]

Regarding Indiana: No, that language is the standard switchblade definition found across the US. It only applies when there is a release device of some kind located in the handle, not merely a spring or mechanism. It does not apply to assisted openers because they are not released by anything in the handle.

Regarding Michigan: By the letter of the law, yes technically carrying larger blades with no unlawful intent is legal. However, I am told by several people the cops are...well, kinda stupid about it. When inquiring with the local state police, a friend asked and was told it is illegal to carry anything over 3 inches. When confronted with the text of the law and shown it requires intent, the cop got a bit flustered and surmised that police can presume unlawful intent just due to the size of the knife. It's debatable if that logic would hold up in court. I should say that knife offenses almost never occur in a vacuum. That is to say, cops generally do not see civilized people walking down the street minding there own business and think "He might have a knife! I should frisk him right now!" It's at best a waste of their time, at worst illegal search without reasonable suspicion (even "Terry searches" can't be done willy-nilly on random people).

http://legislature.mi.gov/doc.aspx?mcl-750-226
http://legislature.mi.gov/doc.aspx?mcl-750-227

 

[Steel130]

Regarding Indiana: No, that language is the standard switchblade definition found across the US. It only applies when there is a release device of some kind located in the handle, not merely a spring or mechanism. It does not apply to assisted openers because they are not released by anything in the handle.

Regarding Michigan: By the letter of the law, yes technically carrying larger blades with no unlawful intent is legal. However, I am told by several people the cops are...well, kinda stupid about it. When inquiring with the local state police, a friend asked and was told it is illegal to carry anything over 3 inches. When confronted with the text of the law and shown it requires intent, the cop got a bit flustered and surmised that police can presume unlawful intent just due to the size of the knife. It's debatable if that logic would hold up in court. I should say that knife offenses almost never occur in a vacuum. That is to say, cops generally do not see civilized people walking down the street minding there own business and think "He might have a knife! I should frisk him right now!" It's at best a waste of their time, at worst illegal search without reasonable suspicion (even "Terry searches" can't be done willy-nilly on random people).

http://legislature.mi.gov/doc.aspx?mcl-750-226
http://legislature.mi.gov/doc.aspx?mcl-750-227

Thanks for the great answer! I talked to a State Police officer and she pretty much confirmed all that you said.

ETA: I just talked to a Michigan State Police Officer and as long as I am not intending to carry a knife with intent to harm others. There is not a blade length limit. She also stated that if it is not a dirk,dagger, stiletto, or non folding double edged knife then it is legal. And it sounds like pocket sheath carry would pretty much be ok. Although she couldn't give me a difinitive answer on concealed carry, because she couldn't see the knife in question. It sounds like mainly concealed carry is unlawful if one of the above four illegal ones described.