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Ballistic knife

Discussion in 'Knife Laws' started by Kenja, Dec 23, 2017.

  1. Kenja

    Kenja Gold Member Gold Member

    75
    Dec 8, 2017
    Hi guys. Merry Christmas to all of you..... I was just curious. Is it legal to carry a ballistic knife if you have the spring separate from the device.so basically it would be a knife with no spring. Would that also make it legal to sell? Thanks in advance.-
     
  2. W. Anderson

    W. Anderson Basic Member Basic Member

    926
    Jun 22, 2016
    For ownership. I would think so. Spring needs to be very, very separate though. Here's an analogy, and I'm not certain it applies, but:

    If you own a Glock pistol and a detachable shoulder stock is found in your residence, you are illegally in "constructive possession" of a short-barreled rifle.
     
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  3. zzyzzogeton

    zzyzzogeton Gold Member Gold Member

    Feb 17, 2013
    Your short barreled rifle analogy is good, but not quite accurate.

    The only federal law concerning ballistic knives is the Ballistic Knife Prohibition Act of 1986, which is almost identical to the 1958 Federal Switchblade Act.

    This act does not prohibit possession, but only regulates interstate transactions, possession of federal property and use in committing federal crimes.

    Any other ballistic knife possession laws are going to be at the state or local level and will vary.

    As an example, when Texas still had switchblde possession laws ( thank you Knife Rights for their demise), ballistic knives were not even mentioned in the Texas Penal Code.
     
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  4. Critter

    Critter Platinum Member Platinum Member

    Mar 23, 2003
    From a point paper we recently put together:

    Only nine states have made Ballistic Knives illegal: California, Colorado, Florida, Idaho, Illinois, Indiana, Iowa, New Jersey, New York, North Carolina and Pennsylvania. In addition, they may be considered illegal in Washington as well due to that state's odd switchblade ban statute with its vague definition of a "spring blade knife." Likewise, that phrase is used in Ohio's ban on manufacture and sale of "switchblade, springblade, and gravity knives" (SB 242 has been introduced for 2018 to remove this prohibition), but possession and carry (not concealed) is legal. There have been no judicial decisions supporting that interpretation, however.

    So, to conclude, in 40 or 41 states there are no prohibitions on possession and carry of Ballistic Knives that don't apply to knives generally.

    Added: In states without knife law preemption, local jurisdictions may have their own prohibitions. (Knife Rights passed the nation's first Knife Law Preemption bill in Arizona in 2010 and has since helped to enact preemption laws in Alaska, Georgia, Kansas, New Hampshire, Oklahoma, Tennessee, Texas, Utah and Wisconsin)

    You would need to check the municipal ordinances for the city or town you are interested in to find that information.

    Two likely sources:
    https://library.municode.com
    http://www.amlegal.com/code-library/

    Or, use Google and search for "Municipal Code" (without quotes) and the name of the municipality
     
    Last edited: Dec 24, 2017
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  5. Kenja

    Kenja Gold Member Gold Member

    75
    Dec 8, 2017
    Thanks for the information. Merry Xmas
     
  6. Trailer_Ape

    Trailer_Ape

    13
    Jun 22, 2017
    BK's are also illegal in KS. So are throwing stars, which I still really do not understand. When I first moved here, I had to ask if they had a Ninja problem.

    As for separating the spring, you might be able to achieve the same result by simply keeping the BLADE separate because I have seen the device for sale as a means of propelling a grappling hook (I'm sure the sellers are aware of the potential "misuse"). Throw in the fact that a "knife" (of any type) kinda has to have a blade to even fit that description and (personally) I'd be comfortable with a "Ballistic......."
     
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  7. Kenja

    Kenja Gold Member Gold Member

    75
    Dec 8, 2017
    Would this be classified as a ballistic? since the dart is more like a scalpel? Happy new years to all of you.

     
  8. Trailer_Ape

    Trailer_Ape

    13
    Jun 22, 2017
    That would classified as - something I absolutely have to have :D
     
  9. Kenja

    Kenja Gold Member Gold Member

    75
    Dec 8, 2017
    That is something I will definitely have pretty soon..I thought they were pretty cool being a 5 shooter.
     
  10. Trailer_Ape

    Trailer_Ape

    13
    Jun 22, 2017
    Yea, I didn't even know there was a semi auto ballistic knife. Do you have any info on it? Like who is making them? I' assuming it is spring powered, as I didn't hear any pneumatic sound.
     

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