Most Restrictive Knife Laws

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Dimis

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so we all know about how Mass&Cal treat gun ownership but who has the worst knife laws by state in the country?

for that matter who has the best?

i wouldnt say delaware (my home state) has a bad system for knives but not 100% open to knife ownership/possesion/carry either

here you can own anything for collective purposes like switchblades and balisongs etc as long as its not carried your fine
you may carry any folding "pocket" knife concieled as long as its reasonable
and you may carry any knife up to 3.5 inch blade openly
and with a CCDW permit you may carry any knife (along with your firearm of choice and bludgen) concieled

not too bad at all and the 3.5 limit is usualy overlooked if your hunting or have a reason for a knife bigger (like if its a tool for cutting ductwork)
 
CA can't be that great as I saw a guy on "Cops" get busted for "felony concealed weapon" for wearing a neck knife. Argh.
 
CA isn't bad, compared to a lot of states, especially when you consider the state of our gun laws.

I don't know if there are any specific laws governing neck knives, but if not, the only reason he would get busted is if he had it under his shirt. We can't conceal fixed blade knives, and we can't have gravity knives/switchblades. Most everything else is good to go.
 
NJ and NY are pretty bad, especially in NYC. You pretty much can't carry anything open and there are very few exceptions for fixed blades. Essentially the way the law is written is that you can't have a certain type of knife and if your knife doesn't fall under that category it's at the officer's discretion on whether or not you're breaking the law by carrying it.
 
New Mexico (what's new? :rolleyes: ) has some hinky knife laws. Arguably, it's illegal to carry any knife outside of your home or car.

NMSA 1978, § 30-7-2. Unlawful carrying of a deadly weapon

A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:

(1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee;

(2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;

(3) by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act;

(4) by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or

(5) by a person in possession of a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act.

B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.

C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor.

Then there's

§ 30-7-1. “Carrying a deadly weapon”

“Carrying a deadly weapon” means being armed with a deadly weapon by having it on the person, or in close proximity thereto, so that the weapon is readily accessible for use.

and

§ 30-1-12. Definitions

As used in the Criminal Code:

B. “deadly weapon” means any firearm, whether loaded or unloaded; or any weapon which is capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including swordcanes, and any kind of sharp pointed canes, also slingshots, slung shots, bludgeons; or any other weapons with which dangerous wounds can be inflicted .

So, it's entirely possible that carrying a two-blade SAK in your pocket would be a crime. Now, I've long thought that whether any given knife is a deadly weapon (excepting the specific types listed, which clearly are deadly weapons) should be a jury question under the doctrines of State v. Bonham, 1998-NMCA-178, 126 N.M. 382, 970 P.2d 154, abrogated by State v. Traeger, 2001-NMSC-022, ¶¶ 1, 20, 130 N.M. 618, 29 P.3d 518, and State v. Montano, 1999-NMCA-023, 126 N.M. 609, 973 P.2d 861. ::) And in the last year or so, our state supreme court said that a jury does indeed have to decide whether a pocket knife is a deadly weapon in a given instance. State v. Nick R., 2009-NMSC-050, 147 N.M. 182, 218 P.3d 868.

But I think that anyone who has ever seen what Ray Floro can do with a credit card on a pork roast would have to find that almost any edged weapon (though maybe not a game zipper . . . :confused: ) can inflict dangerous cuts. Heck, maybe it's illegal in NM to carry credit cards in your wallet. :rolleyes: Let me do a demonstration for the jury . . . ;)

Click here if you want to look at the NM Statutes or recent cases online: http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0
 
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thanks guys
i wish there was a state that had little to no restriction on knives and guns (used and owned in a lawful manner of course) id move there in a heartbeat
 
It would be best if folks posted links to the relevant laws in their states or copies of the laws themselves.

Far too often we've been lead to believe that this knife or that blade length isn't legal when it is, or as bad, we've been lead to believe something is legal when it isn't.
 
ERICH, that is true about the laws, but it is a petty mis, and I have never been hassled by police when I have a knife on my person, it is a law they don't use unless you are a gang member or have illegal substances on you that they also find. Heck before I got a CCW I was even asked numerous times to cover up my OC handgun!
 
i don't know which state has the best or the worst, but i know Florida is pretty easy to live with. our knife and gun laws are pretty liberal, but (often) cops do not realize they are and believe a violation is taking place.

Florida has no state statute against the open carrying of non-firearm weapons. our concealed weapon permit pertains to non-firearm weapons, as well. handguns can be carried in a vehicle with no permit ("securely encased or otherwise not readily accessible" snapped holster counts). heck, up until Oct 1998, a police officer could NOT arrest you for (non domestic) misdemeanor battery unless it was committed in his presence. that should give you an idea how we're kind of expected to be a little rowdy down here :D

i was kinda naive and didn't realize (until joining a couple forums) that other people in the other states have it so rough :(
 
Philadelphia PA has this doozie:

Sec. 0-820. Cutting Weapons in Public Places. [179]

1. Definition.
Cutting Weapon. Any knife or other cutting instrument which can be used as a weapon that has a cutting edge similar to that of a knife. No tool or instrument commonly or ordinarily used in a trade, profession or calling shall be considered a cutting weapon while actually being used in the active exercise of that trade, profession or calling.

2. Prohibited Conduct. No person shall use or possess any cutting weapon upon the public streets or upon any public property at any time.

3. Penalty. The penalty for violation of this section shall be a fine of not less than three hundred (300) dollars and imprisonment of not less than ninety days.

Before state preemption on firearms laws Philly had gun laws that were just as bad.

On its face it would seem you can't take kitchen knives or sharp tools home from the store without violating the law. I would love to see how this is actually interpreted.
 
Steven58 -

am i understanding this, correctly? you can not possess ANY knife, at all? no Case Peanut, no SAK, no Leatherman, nothing out in public?

HOLY CRAP! if that's the case, it's shameful that such tyranny would be tolerated in a free country :(
 
THANKS for the philly heads up im headed there saturday and that would have thrown a monkey wrench in the works for sure

i wish someone published a knife travelers guide to the US kind of like the ones ive seen on firearms
 
Dang, never knew the laws in my state were so restrictive. Anything they want to deem a deadly weapon is illegal to conceal... so I guess that means boot knives are out and sticking a gerber mark II on my leg is illegal. Also anything spring loaded is illegal... I guess the little kershaw spring assisted knife I bought at walmart is illegal.
 
PA has pretty bad knife laws; basically, since preemption only covers firearms, every single town, borough, and city can pass any law they wish restricting knives, or other non-firearm weapons. in my town, for example, any folder over 3" is illegal to carry in city limits, but there's no law saying you can't carry a large fixed blade. i still wouldn't carry that, as any LEO can still arrest you, and the DA might decide to press charges for it. in essence, knife laws are discretionary. knife carry is illegal in Philly, unless you use it for work, only. in other areas, you can carry a full sized Bowie with no problem.

i carry a large folder; once, during a police encounter, the responding LEOs needed to secure any weapons i had until they finished their investigation. i handed over my folder, firearm, and license to carry; when they were done, they handed all three back. one asked me what kind of knife it was, because he was thinking about getting a newer, better quality folder. technically, they could have charged me with carrying a prohibited item, but since i wasn't being charged with anything, and i was already carrying a gun, they didn't see the point. it's mostly officer/DA discretion. if i had committed a crime, the knife definitely would have come into play, legally.
 
I think my home state of maryland suffers from a split personality type of mental desease. On guns they are out to lunch; no CCW unless you have a VERY close relative in the state house.

But on knives, as long as it folds, it meets the state law on pen knives. It seems like a Buck 110, an Opinel number 12, and the like, are pen knives since they fold shut. There is no specific length of blade on paper. Also cops won't bother you if you have a small sheath knife on your hip in plain sight. Don't cover it with a shirt tail or you're in deep poop. Technicly any sheath knife concealed is a huge no-no.

Of course it may vary from cop to cop as to what they think. Most LEO's are very ignorant of what the real law actually is thier own state. Most have never really read the statute.

To get in trouble with a knife in Maryland, you have to have been acting like a total idiot. and got the attentipn of a LEO to start with. I think it's that way in most places.
 
Yes zignal, you can't carry anything with an edge of any kind period. The problem is that in the mid 90s PA fixed it's patchwork firearms laws but did nothing about knives.

I believe these kind of laws were written so as to give LEOs great leeway in dealing with "undesirables" who are otherwise doing nothing illegal but need to be kept under control.

Philadelphia is in a sad state of affairs on so many levels. It feels strange to think "oh, I'm going into Philly, don't forget to change out the folder on my belt for the sheath with 2 spare mags."

If you are ever in radio range listen to AM 900 WURD, its the local angry liberal station. Some of the ideas put forward beggar belief. I listen frequently because I either laugh so hard I cry or I cry so hard I laugh!:scrutiny:
 
Just remember everyone that while your state may be quite lenient in its laws regarding knives and firearms, the specific city in which you reside may have more strict regulations. ie- I believe Alachua county has a 3" or 3.5" blade limit though I'm pretty sure Florida's state limit is 4". [note that these may not be exactly what the law states]
 
Surprised no one mentioned Vermont as the least restrictive. Can carry anything you darn please, and I mean anything, even a switchblade or a handgun, no permit needed. Oh that and they had 10 homicides with those implements in 2008. That's right, in a full year, that was it.
 
Louisiana -

Note that the "intentional concealment" is what is illegal for anything other than switchblades, which are illegal to possess. Exposed pocket clips and OWB belt sheath carry are not usually considered intentional concealment.

LA R.S. 14:95
A. Illegal carrying of weapons is:
(1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person; or
(2) The ownership, possession, custody or use of any firearm, or other instrumentality customarily used as a dangerous weapon, at any time by an enemy alien; or
(3) The ownership, possession, custody or use of any tools, or dynamite, or nitroglycerine, or explosives, or other instrumentality customarily used by thieves or burglars at any time by any person with the intent to commit a crime; or
(4) The manufacture, ownership, possession, custody or use of any switchblade knife, spring knife or other knife or similar instrument having a blade which may be automatically unfolded or extended from a handle by the manipulation of a button, switch, latch or similar contrivance.
(5)(a) The intentional possession or use by any person of a dangerous weapon on a school campus during regular school hours or on a school bus. "School" means any elementary, secondary, high school, or vo-tech school in this state and "campus" means all facilities and property within the boundary of the school property. "School bus" means any motor bus being used to transport children to and from school or in connection with school activities.
(b) The provisions of this Paragraph shall not apply to:
(i) A peace officer as defined by R.S. 14:30(B) in the performance of his official duties.
(ii) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.
(iii) Any person having the written permission of the principal or school board and engaged in competition or in marksmanship or safety instruction.
B.(1) Whoever commits the crime of illegal carrying of weapons shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
(2) Whoever commits the crime of illegal carrying of weapons with any firearm used in the commission of a crime of violence as defined in R.S. 14:2(13), shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than two years, or both. Any sentence issued pursuant to the provisions of this Paragraph and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(13) shall be served consecutively.
C. On a second conviction, the offender shall be imprisoned with or without hard labor for not more than five years.
D. On third and subsequent convictions, the offender shall be imprisoned with or without hard labor for not more than ten years without benefit of parole, probation, or suspension of sentence.
E. If the offender uses, possesses, or has under his immediate control any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, while committing or attempting to commit a crime of violence or while in the possession of or during the sale or distribution of a controlled dangerous substance, the offender shall be fined not more than ten thousand dollars and imprisoned at hard labor for not less than five nor more than ten years without the benefit of probation, parole, or suspension of sentence. Upon a second or subsequent conviction, the offender shall be imprisoned at hard labor for not less than twenty years nor more than thirty years without the benefit of probation, parole, or suspension of sentence.
F. The enhanced penalty upon second, third, and subsequent convictions shall not be applicable in cases where more than five years have elapsed since the expiration of the maximum sentence, or sentences, of the previous conviction or convictions, and the time of the commission of the last offense for which he has been convicted; the sentence to be imposed in such event shall be the same as may be imposed upon a first conviction.
G.(1) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to sheriffs and their deputies, state and city police, constables and town marshals, or persons vested with police power when in the actual discharge of official duties. These provisions shall not apply to sheriffs and their deputies and state and city police who are not actually discharging their official duties, provided that such persons are full time, active, and certified by the Council on Peace Officer Standards and Training and have on their persons valid identification as duly commissioned law enforcement officers.
(2) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to any law enforcement officer who is retired from full-time active law enforcement service with at least twelve years service upon retirement, provided that such retired officers have on their persons valid identification as retired law enforcement officers. The retired law enforcement officer must be qualified annually in the use of firearms by the Council on Peace Officer Standards and Training and have proof of such qualification. This exception shall not apply to such officers who are medically retired based upon any mental impairment.
(3)(a) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to reserve or auxiliary law enforcement officers qualified annually by the Council on Peace Officer Standards and Training and who have on their person valid identification as retired reserve law or auxiliary municipal police officers. The retired reserve or auxiliary municipal police officer must be qualified annually in the use of firearms by the Council on Peace Officer Standards and Training and have proof of such certification.
(b) For the purposes of this Paragraph, a reserve or auxiliary municipal police officer shall be defined as a volunteer, non-regular, sworn member of a law enforcement agency who serves with or without compensation and has regular police powers while functioning as such agency's representative, and who participates on a regular basis in agency activities including, but not limited to those pertaining to crime prevention or control, and the preservation of the peace and enforcement of the law.
H. The provisions of this Section shall not prohibit active justices or judges of the supreme court, courts of appeal, district courts, parish courts, juvenile courts, family courts, city courts, and traffic courts, constables, and justices of the peace from possessing and concealing a handgun on their person when the justice or judge, constable or justice of the peace is certified by the Council on Peace Officer Standards and Training.
I. The provisions of this Section shall not prohibit the carrying of a concealed handgun by a person who is a college or university police officer under the provisions of R.S. 17:1805 and who is carrying a concealed handgun in accordance with the provisions of that statute.
J. The provisions of this Section shall not prohibit the ownership of rescue knives by commissioned full-time law enforcement officers. The provisions of this Section shall not prohibit the carrying of rescue knives by commissioned full-time law enforcement officers who are in the actual discharge of their official duties. The provisions of this Section shall not prohibit the sale of rescue knives to commissioned full-time law enforcement officers. The provisions of this Section shall not prohibit the ownership or possession of rescue knives by merchants who own or possess the knives solely as inventory to be offered for sale to commissioned full-time law enforcement officers. As used in this Subsection, a "rescue knife" is a folding knife, which can be readily and easily opened with one hand and which has at least one blade which is designed to be used to free individuals who are trapped by automobile seat belts, or at least one blade which is designed for a similar purpose. No blade of a rescue knife shall exceed five inches in length.
Click to expand...
 
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Louisiana -

Note that the "intentional concealment" is what is illegal for anything other than switchblades, which are illegal to possess. Exposed pocket clips and OWB belt sheath carry are not usually considered intentional concealment.
Click to expand...

I've lived about 39 of my 44 years in Louisiana, all of them carrying some kind of pocket knife. usually a slipjoint, sometimes a larger locking folder, most of the time both. Literally everywhere I go, including the kid's schools. Never an issue. Many, many guys carry a pocket knife all the time in Louisiana.

I don't carry a knife for the purposes of self defense, I carry one because it's a tool I use on a daily basis. Never had to use one for self defense, although I guess if pressed it would do. I don't really care the get into a knife fight with anyone. I've seen the results of that before.
 
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