In how many states are switchblades legal?

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Wild Bill 1896

Joined
Jun 19, 2000
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I searched and did not find a list of states in which such knives are legal, for possession or carry.

Does anyone know where I can find such a list?

Thank you.
 
I'm not sure there is such a list. The knife laws in many locations are often less than clear, and while some things are clearly proscribed, others may be more a matter of situational interpretation.

Wiki has a brief summary of the federal law, and some of the state regulations around them.
http://en.wikipedia.org/wiki/Switchblade#State_laws
 
Most online lists I've seen have been incomplete, incorrect or both.

Completely legal in Georgia, you just need a Weapons License if the blade is over 5". I believe in Alabama they are also legal, but aren't supposed to be concealed.
 
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glistam said:
Not finished yet but I'm working on it!

http://weaponlaws.wikidot.com/us-switchblade-laws

Yes I made this myself and meticulously research each part in statutory law and case law. I feel my page points out some things most other pages neglect (like that legality has 4 facets, not 2)
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Your rules for Georgia are slightly off. The state doesn't distinguish between different types of knives and doesn't consider anything with a blade 5" or under a weapon. Anything that has a blade over 5" can be legally carried with a Weapon License. A balisong has the same rules as an auto (or a SAK, fixed blade, etc).
 
creekside said:
Your rules for Georgia are slightly off. The state doesn't distinguish between different types of knives and doesn't consider anything with a blade 5" or under a weapon. Anything that has a blade over 5" can be legally carried with a Weapon License. A balisong has the same rules as an auto (or a SAK, fixed blade, etc).
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You're missing the context. The list only addresses the question of is an auto legal. It's supposed to answer the question in a vacuum without any regards to other knives or weapons. The matter of a balisong strictly based on the tendency of jurisdictions to define "switchblade" using language that lumps both together. I don't directly address balisong legality in that list.
 
Wild Bill 1896 said:
I searched and did not find a list of states in which such knives are legal, for possession or carry.

Does anyone know where I can find such a list?

Thank you.
Click to expand...

A list is only good for so much. the state of Florida says switchblades are legal but Dade country made them illegal in there country. I cant find it on the books but I live down here and that is the reason that I know of it. to carry one in Dade country you must have a state weapons permit and they have no choice but to allow you to carry it. How many other states have the same thing going in them?? I would welcome a list of the states that have made them a legal carry with or with out weapons permits.
 
richard thurman said:
A list is only good for so much. the state of Florida says switchblades are legal but Dade country made them illegal in there country. I cant find it on the books but I live down here and that is the reason that I know of it. to carry one in Dade country you must have a state weapons permit and they have no choice but to allow you to carry it. How many other states have the same thing going in them?? I would welcome a list of the states that have made them a legal carry with or with out weapons permits.
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Very true richard; unless the state has "preemption" clauses in it's knife laws, like for example Arizona, the smaller jurisdictions within are free to place restrictions if they so choose. Nature of the system: If the bigger zone doesn't address it, the smaller one can if they want.

By the way the switchblade statute in Miami-Dade's books is here: http://library.municode.com/HTML/10...CH21OFMIPR_ARTIIIWE_DIV1INGE_S21-14DAWEPETRCO
Sec. 21-14. - Dangerous weapons; penalty; trial court.
(a)
Concealed dangerous weapons. It shall be unlawful for any person to wear under his clothes, or concealed about his person, or to display in a threatening manner any dangerous or deadly weapon including, but not by way of limitation, any pistol, revolver, slingshot, cross-knuckles or knuckles of lead, brass or other metal, or any bowie knife, razor, dirk, dagger, or any knife resembling a bowie knife, or any other dangerous or deadly weapon, except as hereinafter provided.

Note—Florida Statutes § 790.33, as amended, preempts and declares null and void all local ordinances, administrative regulations and rules in the field of firearms and ammunition, with limited exceptions set forth in § 790.33, as amended.

(b)
Switch blades. It shall be unlawful for any person to sell, offer to sell, display, use, possess or carry any knife or knives having the appearance of a pocket knife, the blade or blades of which can be opened by a flick of a button, pressure on the handle, or other mechanical contrivance. Any such knife is hereby declared to be a dangerous or deadly weapon, within the meaning of subsection (a) and shall be subject to forfeiture to the County as provided by subsection (c).
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You may notice that remark about 790.33 preemption: It only applies to guns and ammo, not knives :grumpy:.
 
glistam said:
You're missing the context. The list only addresses the question of is an auto legal. It's supposed to answer the question in a vacuum without any regards to other knives or weapons. The matter of a balisong strictly based on the tendency of jurisdictions to define "switchblade" using language that lumps both together. I don't directly address balisong legality in that list.
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Ok, I see now why balisongs are mentioned. Your blade length is still wrong. 5" and less does not require a Weapons License, not <5".
 
creekside said:
5" and less does not require a Weapons License, not <5".
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An arbitrary distinction considering the difference between those two is an asymptote (and I'm betting most cops and judges don't even know what that word means, let alone how it looks on a ruler). Nevertheless, I strive to keep things accurate so I've updated it with "&#8804;" instead of "<"

The new laws being passed this year threw me a curveball so I have been scrambling to keep on top of the changes.
 
glistam said:
Very true richard; unless the state has "preemption" clauses in it's knife laws, like for example Arizona, the smaller jurisdictions within are free to place restrictions if they so choose. Nature of the system: If the bigger zone doesn't address it, the smaller one can if they want.

By the way the switchblade statute in Miami-Dade's books is here: http://library.municode.com/HTML/10...CH21OFMIPR_ARTIIIWE_DIV1INGE_S21-14DAWEPETRCO


You may notice that remark about 790.33 preemption: It only applies to guns and ammo, not knives :grumpy:.
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I just stay away from Dade county. It is just asking for it if you go down there. they are the type that they are going to find something to bust you on if they don't like the knife that you are carrying.
 
My list is now done!

Except for New York, where the statute says mere possession is illegal, yet makes an exception for hunting/fishing with a license. The nature of this exception is very unclear and given New York's track record of judicial insanity, it's hard to say if this would even hold water in any situation where an arrest was made.

Anyhow, here's the stats (minus NY):
17 States prohibit even owning an auto in your home and provide no exceptions for collectors
2 States prohibit ownership but allow for collection purposes.

Such states' legislatures are stupid. I would use harsher language but apparently we are no longer allowed to cuss on here. KnifeRights should add all such states to the "To Do" list.

30 States legally allow open carry, though two of those impose extremely onerous blade length limits (1.5-2").

8 states allow legal concealed carry with no strings attached (Yay! Be more like them, other states!) 8 more states allow concealed carry with blade length limits, ranging from onerous to quite reasonable (1.5-5.5"). One state allows concealed carry with a carry permit, and another allows it if you are over 21. Two States have extremely vague weapon laws with no definitions of what a weapon is, but seem to imply legality is a matter of circumstance and intent rather than opening mechanism.

So now you see why "is it legal?" is very complex question.
 
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glistam said:
My list is now done!

So now you see why "is it legal?" is very complex question.
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glitsam - that is awesome work! I don't have anything that would fit the bill, but I can appreciate the amount of effort it took (takes) to put that together and in such a concise format. I wish something like that was available for 'plain 'ole pocket knives'. You did a great service!!!
 
the way you people talk about the knife laws of new York it sounds like the police officers like giving it to all of the knife lovers. I have never been there but I am just reading all of the post that is written my other members. please tell me if I am wrong.
 
zzyzzogeton said:
Now all you need to do is make one for fixed blades.:D:D
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newadventure said:
I wish something like that was available for 'plain 'ole pocket knives'.
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It would also be a lot more complicated. Switchblades are a little different because they are very distinct with little to no fussing over definitions, generally speaking. An switchblade is a switchblade, more or less. One of my main goals was to dispel the myth that they are totally 100% illegal everywhere even to own, when in fact that is minority, and that there are actually a large number of state that not only allow ownership, but carry. Thus proving they are not dangerous nor associated with crime, since those states do not have any difference in knife-related assault or murder. In over a decade of pouring over case law and court transcripts, I have never once seen an auto used to actually rob, assault or kill anyone. All auto cases I have found were situations where one was merely found on someone and the case was strictly about carry, a deplorable waste of the court's time and taxpayer money.

Fixed blades and folders on the other hand have much more complicated regulations, such that whole threads have been devoted to discussing legality of one single knife in one specific state. I don't think it would be very responsible to oversimplify because it could potentially give someone an inaccurate idea, especially in places like MA or TX where restrictive local city knife ordinances are very common. The new site knifeup.com actually has some very good pages devoted to state laws though, with lots of detail and quotes from the most recent statutes (save a few goofs involving laws that changed in the past 6 months).

Maybe a short list of states that have little or no knife carry regs?
 
richard thurman said:
the way you people talk about the knife laws of new York it sounds like the police officers like giving it to all of the knife lovers. I have never been there but I am just reading all of the post that is written my other members. please tell me if I am wrong.
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Most of the horror stories come from NYC.
NYC is very strict, I'm there every day and I won't carry anything other than a small slip-joint. Forget autos, if you're caught with a locking knife that swings freely you will get arrested.

But I live 70 miles north of NYC and it's very common to see a knife clipped to someone's pocket.... but I don't think I'd test the auto-knife exemption. Local LEO might not bother you , but State Trooper probably would.
 
Wild Bill 1896 said:
I searched and did not find a list of states in which such knives are legal, for possession or carry.

Does anyone know where I can find such a list?

Thank you.
Click to expand...
NH recently changed their knife laws, so switchblades, balis, etc. are legal to possess and carry. Switchblades can be legally possessed in one's home here in MA. Possession or carrying in public, whether concealed or openly, is a felony. How one gets the switchblade from the dealership to one's home without committing a felony is anybody's guess!
 
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