M.D. CREEKMORE

Blog

Maryland Knife Laws: A Guide for Knife Carriers!

Maryland knife laws
Maryland Knife Laws

Maryland’s knife laws have been under scrutiny lately. The Chesapeake State is not only in close proximity to the Washington, D.C., but it is the home to one of the most violent cities in America, Baltimore, which reported 98.6 violent crimes per 10,000 residents in 2018.[i]

However, it is not just a surge in violent crimes that have brought Maryland’s knife laws back into focus.

It is the prohibition on the possession of switchblade knives, thought to be an antiquated law that has led to alleged thousands of invalid arrests, that have led activists to investigate and question the laws utility, if any.[ii]

Restrictions do not just apply to switchblades and gravity knives in Maryland, however.

A far more cumbersome system exists in Maryland— and one that has proven not to be knife friendly.

Overview of Maryland Knife Laws

While there are no limitations on the type of knife you can own in Maryland, there are limits on open and concealed carry. Additionally, there are no state preemption so different counties may impose stricter limits on carrying. The law, which is codified at Md. Criminal Law Code Ann 1-101(2012), is regularly described as archaic.

For this reason, many find Maryland knife laws confusing. The text of the law has been the subject of debate recently in the high-profile case regarding the death of Freddie Gray, where there was a sizable debate on whether the knife he was carrying at the time of his arrest was legal or not.[iii]

Given that the knife was never shown to the public, this may seem like a moot point, but it speaks to a larger issue in Maryland knife laws – how a dangerous weapon is defined in black letter law.

Even before the case of Freddie Gray, a man was charged with carrying a concealed weapon when he was in possession of a knife at Starbucks.[iv] A careful reading of Maryland’s knife laws is critical.

Permitted Knives

There are no restrictions on the types of knives that are legal to own in Maryland. Surprisingly, and unlike many other states, undetectable knives, larger knives, throwing stars and bowie knives are also legal to own.  The following knives are legal to own:

  • Butterfly knives
  • Dirks, daggers, stilettos, and other slim knives.
  • Switchblades
  • Gravity knives
  • Automatic knives
  • Ballistic knives
  • Disguised knives

Dangerous Weapons

  • 4-101 defines star knives and classifies which knives are deemed weapons. The statute, in part, reads: “ ‘[A] Star knife’ means a device used as a throwing weapon, consisting of several sharp or pointed blades arrayed as radially disposed of arms about a central disk. [A] ‘Weapon’ includes a dirk knife, bowie-knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku.”

Interestingly, Md. Code, CR § 4-101(a)(5)(i) excludes penknives as a dangerous weapon unless it has a switchblade.

Maryland law does prohibit concealed carry of a dangerous weapon, which includes “chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.” It is worth noting that this prohibition applies in certain counties, including Anne Arundel County, Baltimore County, Caroline County, Cecil County, Harford County, Kent County, Montgomery County, Prince George’s County, St. Mary’s County, Talbot County, Washington County, and Worcester County.

Here is where the arcane language comes in. Minors in certain counties cannot carry a dangerous weapon between certain times. The law reads: “(ii) A minor may not carry a dangerous weapon between 1 hour after sunset and 1 hour before sunrise, whether concealed or not, except while: 1. on a bona fide hunting trip; or 2. engaged in or on the way to or returning from a bona fide trap shoot, sport shooting event, or any organized civic or military activity.”

In Maryland, a person who violates this law is “guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 1,000 or both” and if it “appears from the evidence that the weapon was carried, concealed or openly, with the deliberate purpose of injuring or killing another, the court shall impose the highest sentence of imprisonment prescribed.”

Prohibition on the Transfer of Switchblades and Ballistic Knives

The relevant law reads, in part, “A person may not sell, barter, display, or offer to sell or barter: (1) a knife or a penknife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, commonly called a switchblade knife or a switchblade penknife; or (2) a device that is designed to propel a knife from a metal sheath by means of a high-compression ejector spring, commonly called a shooting knife.” The penalty for violations of this law? Imprisonment and a fine not exceeding $500 or possibly both.

Specific Bans on School Property

A person cannot possess, display or carry a knife on school property. The pertinent law reads, in part: “A person may not carry or possess a firearm, knife, or deadly weapon of any kind on public school property.” There are, of course, limited exceptions. However, the penalties are stiff: “[A] person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 1,000 or both.”[v] Knife owners should be particularly aware of this law and ensure that they do not carry by any means on school grounds.

Moving Forward

Given the proximity to the Nations’ capital, advising all knife owners to be wary of their surroundings and jurisdictional changes when traveling is an understatement.  While Maryland is not the most restrictive state, there is certainly more that can be done in terms of evolving the state’s knife laws.

While switchblades and gravity knives are legal to own, as with many other states, possessing a knife on public school property is illegal.[vi] There are also specific rules relating to the transfer of switchblades and ballistic knives. Given that Maryland does not have state law preemption, county rules are also important to note. In sum, Maryland knife owners – be careful.

[i] https://www.businessinsider.com/most-violent-city-every-us-state-fbi-2018-4

[ii] http://blogs.villagevoice.com/runninscared/2014/10/nyc-gravity-knife-law-arrests.php

[iii] For more information: https://www.villagevoice.com/2015/04/27/prosecutor-says-freddie-grays-knife-was-legal-under-maryland-state-law/

[iv] https://www.fredericknewspost.com/news/crime_and_justice/man-charged-with-carrying-knife-in-starbucks/article_984327ba-0bbc-53bf-8d5c-3624aed48226.html

[v] Md. CRIMINAL LAW Code Ann. § 4-102 (2012)

[vi] Md. Code, CR 4-102.

None of the material in this article should be interpreted as legal advice.  I am not a lawyer. Never take any action with legal consequences without first consulting with a lawyer licensed in your jurisdiction. This article should not be relied upon for making legal decisions. This information is provided for scholarship and general information only.

[ Note: Out of all of the pocket knives available on Amazon.com this one is my favorite everyday carry knife – click here to see what it is on Amazon.com. I love this knife! It’s built like a tank and holds an edge better than any other knife that I’ve owned…]

Check out these related articles:

Maine Knife Laws: A Guide for Knife Carriers!

maine-knife laws
Maine Knife Laws

Maine has some of the most picturesque landscapes in the United States. It only makes sense that the state most known for lobster would allow permit possession of most types of knives.

It is legal to own all types of knives in the Pine Tree State including switchblades and automatic knives. However, the laws around concealed carry and the display of knives are less concrete. Recent changes in the law and cases that have tried to illuminate distinctions in what makes a weapon “dangerous” have led to confusion.

However, a brief history of knife laws in Maine will assist in clarifying what one can and cannot do. In summary, Maine, like many other states, relies on an expansive definition of intended use.

History of Maine Knife Laws

Like many states, the year 2015 was a turning point year for residents of Maine. Before 2015, anyone who wanted to carry a concealed weapon needed a police-issued permit.

The permit requirements were extensive and included a background check, fingerprints, criminal history information, domestic violence investigation(s), a screen for drug use and mental health disorders, and proof that the permit applicant passed a gun safety course.

The current law allows legal firearm owners to carry concealed handguns without a permit. The new law also repealed a 1959 ban on switchblades, butterfly knives and other blades that open automatically.

Permitted Knives in Maine

The following are legal to own in Maine:

  • Pocket knives
  • Bowie knives
  • Daggers
  • Single-edged and double-edged fixed blades
  • KA-BAR knives
  • Sword Canes
  • Stilettos
  • Throwing knives
  • Belt knives and other disguised knives
  • Hunting knives
  • Utility blades

Restrictions on Concealed Carry

A person is not allowed to carry certain concealed weapons which include dirks, bowie knives, stilettos, and other dangerous or deadly weapons. With the exception of knives used to hunt, fish or trap, a person may not “display in a threatening manner a firearm, slungshot, knuckles, bowie knife, dirk, stiletto or other dangerous or deadly weapon usually employed in the attack on or defense of a person; or wear under the person’s clothes or conceal about the person’s person a firearm, slungshot, knuckles, bowie knife, dirk, stiletto or other dangerous or deadly weapon usually employed in the attack on or defense of a person.”[i] (emphasis added)

There are two elements that are important to the interpretation of this law. First, the statute clearly states that a person cannot “display in a threatening manner” which is not clearly defined. Of course, holding a knife to someone’s throat would be a display in a threatening manner.

However, given that the statue is not clear what constitutes such a display it is easy for one to conclude that a determination one has broken the law will come down to a fact-based scenario. Second, the law does not define the type of weapon that would be usually employed in the attack or defense of another person.

However, it seems that the intended use of the knife, rather than simply the classification of the knife itself, is paramount in determining if it is a dangerous or deadly weapon. As an example, if one can conclude that if a knife was not designed for use against humans it can be carried concealed.[ii] Put another way, if a knife was designed solely to harm other humans it cannot be carried concealed.

It does appear that the Courts are moving away from a strict reading of the statute. In 2012, the Maine Supreme Court overturned the conviction of a man who was found in possession of two ordinary folding knives. The Court stated in State v. Jones, that:

“The [trial] court, in its written findings of fact and conclusions of law, noted ‘the size, the heft, and the sharp and serrated edges of the [blades]’ and that ‘these knives would easily do significant damage to human tissue, human organs, and major arteries.’ Such a description, however, could be given of any knife and renders Jones’s knives indistinguishable from those that the Legislature has expressly exempted from the prohibition against concealment.

Thus, there is no factual basis in the record to support a conclusion that Jones’s knives fall within the class of knives that the Legislature has prohibited individuals from concealing.”[iii] (emphasis added)

This decision is important for a number of reasons, among them, being that the decision came down from the state’s highest court. It is also important to note that the Court discussed legislative intent in its decision. The Court also noted: “It is the intrinsic qualities of the knife, not the circumstances in which it is found, that informs the determination whether it is the type of knife that the Legislature has prohibited from being concealed.

Any other approach would produce inconsistent results, leave the public to guess as to how to conform its conduct to the law, and judicially engraft a culpable state of mind requirement into a statutory provision that is silent as to intent.”

Limit of Blade Length & Other Exceptions

There is no maximum blade length is established by Maine’s knife laws. One-armed people are permitted to own and transport gravity knives, switchblades, or balisong knives if the blade of the knife is shorter than three inches long. The only knife length limit is the 3” limit for exempted switchblades and gravity knives carried by one-armed individuals.

Knife Laws Moving Forward

Cases will further clarify Maine’s knife laws by adding to the canon of intended use. Additionally, cases will help clarify which knives (and perhaps which situations) will permit concealed carry. Remember that knives are still prohibited on school grounds under school district rules – state preemption does not apply in Maine.

Knife owners should be cognizant of the jurisdictions they are traveling in at all times. Given that a sweeping overhaul of the law has already occurred in Maine, it is unlikely we will see any changes in the near future. Travelers to Maine should rest assured that residents can own switchblades – a welcome lift of a generations-old restriction.

[i]  25 M.R.S. §2001-A (2012)

[ii] http://www.mainelegislature.org/legis/statutes/25/title25sec2001-A.html

[iii] https://docs.google.com/viewer?url=http%3A%2F%2Fwww.courts.state.me.us%2Fopinions_orders%2Fopinions%2F2012_documents%2F12me88jo.pdf

None of the material in this article should be interpreted as legal advice.  I am not a lawyer.  Never take any action with legal consequences without first consulting with a lawyer licensed in your jurisdiction.  This article should not be relied upon for making legal decisions.  This information is provided for scholarship and general information only.

[ Note: Out of all of the pocket knives available on Amazon.com this one is my favorite everyday carry knife – click here to see what it is on Amazon.com. I love this knife! It’s built like a tank and holds an edge better than any other knife that I’ve owned…]

Check out these related articles:

California Knife Laws: A Guide for Knife Carriers!

California knife laws
California Knife Laws

Knives laws in the Golden State are not as complicated as they initially seem. California is a big state and there is no state law preemption. Surprisingly, however, California is relatively relaxed in terms of ownership.

Broadly speaking, carrying knives whether open or concealed is legal in California. However, it is illegal to own many knives which are detailed below. It is also important to note that California, unlike many other states, has a very clear and strict definition of switchblades.

While knife owners should always be cognizant of the jurisdiction in which they are carrying, California is more welcome than most. The open and concealed carry of many knives is completely legal.

Restrictions on Knife Ownership in California

California is an open-carry state. Rather than listing, the knives are that legal to own, it may be easier to list the knives that bear restrictions. It is illegal to own the following types of knives in California:

  • Cane knives, lipstick knives, belt knives and any other knife that can be classified as misleading is illegal to own in California;
  • Undetectable knives, like misleading knives, are also outlawed
  • Dirks
  • Daggers
  • Stillettos
  • Ballistic knives

Switchblades in California

It is legal to own a switchblade that is less than two inches or shorter. The relevant law reads: “Every person who does any of the following with a switchblade knife having a blade or two or more inches in length is guilty of a misdemeanor: (a) possesses the knife in the passenger or driver’s area of any motor vehicle in any public place or place open to the public (b) carries the knifes upon the person (c) Sellers, offers for sale, exposes for sale, loans, transfers or gives the knife to any person.”[i]

This statute begs the question of whether it is legal or not to carry a switchblade in one’s personal vehicle. The plain reading of this statute suggests that it is legal to carry a switchblade in one’s car as long as the blade of the knife is less than two inches long. However, California defines switchblade in great detail stating that a switchblade is:

“[A] knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife, or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever.

“Switchblade knife” does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position.”[ii] (emphasis added)

Knife owners should be cognizant of whether their particular knife fulfills all of the criteria outlined by this definition.

Open and Concealed Carry in Calfornia

The law also notes that all legal fixed blades knives must be worn in plain sight. Dirks and daggers are exempted from this law. There is no language in the law that prevents openly carrying a sword or similar knife.

Any blade that is concealed that is found to be locked in the open position cannot be conceal carried. The law, in relevant part, reads: “As used in this part, “dirk” or “dagger” means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death.

A nonlocking folding knife, a folding knife that is not prohibited by Section 21510, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position.” (emphasis added)[iii]

Moving Forward

California is one of the friendlier states for knife owners. Following a “two-inch” rule, however, is prudent. If the blade of the knife is longer than two inches, it is not wise to conceal carry. There are additional rules for Los Angeles County specifically, which outlaw openly carrying a knife with a blade over three inches long.

It is important, as always, for knife owners to be cognizant of their surroundings and take appropriate precautions when carrying in a public place.

[i] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=21510

[ii] http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=17235

[iii] https://hobanco.com/blogs/news/california-knife-laws

None of the material in this article should be interpreted as legal advice.  I am not a lawyer. Never take any action with legal consequences without first consulting with a lawyer licensed in your jurisdiction. This article should not be relied upon for making legal decisions. This information is provided for scholarship and general information only.

Note: Out of all of the pocket knives available on Amazon.com this one is my favorite everyday carry knife – click here to see what it is on Amazon.com. I love this knife! It’s built like a tank and holds an edge better than any other knife that I’ve owned…]

Check out these related articles:

Indiana Knife Laws: A Guide for Knife Carriers!

Indiana knife laws
Indiana Knife Laws

It is not surprising that Indiana is touted as one of the best states for knife enthusiasts to live. Unlike most states, switchblades are legal to own and carry in the Hoosier State. However, like many states, Indiana recently overturned a knife ban that began in the 1950s.

The historic ban on switchblades arguably began in 1954 when Representative James Delaney of New York authored the first bill submitted to Congress banning the sale of switchblades.

However, Indiana followed many other states and in 2013 repealed this ban. While some view this as a victory, it is worth noting that Indiana does not have state law pre-emption. Given that some municipalities have more restrictive limits on concealed carry, an understanding of Indiana state law is paramount.

Overview of Indiana Knife Laws

While ballistic knives and throwing stars are illegal in Indiana, many other types of knives are legal. The length of the blade is not discussed in Indiana’s state knife laws. Additionally, there is no state law preemption in Indiana. Therefore, knife owners should be cognizant of the legality of their knives while traveling to certain locations within the state.

Knives on School Grounds

Indiana specifically codifies possession of a knife on school grounds as either a Class B or Class A misdemeanor. The relevant law defines a knife as consisting of a sharp-edged or sharp-pointed blade capable of inflicting cutting, stabbing, or tearing wounds and, additionally, as an instrument that is intended to be used as a weapon.[i]

The statute specifically notes that daggers, dirks, poniard, stilettos, switchblades and gravity knives are included in his definition. By specifying the types of knives at issue, it appears that the legislature is aiming for a full ban on these types of knives on school grounds, regardless of their intended use.

Further, “a person who recklessly, knowingly, or intentionally possesses a knife on: (1) school property; (2) a school bus; or (3) a special purpose bus commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if the person has a previous unrelated conviction under this section and a Level 6 felony if the offense results in bodily injury to another person.”[ii]

Permitted Knives in Indiana

The following knives are legal to own and carry, either openly or concealed:

  • Disguised blades such as dipstick knives or knife-pens,
  • Folding knives,
  • Single-edged hunting knives
  • Daggers
  • Stilettos
  • Poniards
  • Bowie knives
  • Pocket knives
  • Utility knives
  • Brass knuckles are also legal in Indiana.

Restrictions on Knife Ownership in Indiana

Ballistic knives and throwing stars are still illegal to own in Indiana. The pertinent law relating to throwing stars states that owning, buying, selling or carrying “any knife-like weapon with blades set at different angles” is a Class C misdemeanor.[iii]

The restriction on ballistic knives is incredibly broad. Notably, Indiana does not simply limit ownership of ballistic knives. The relevant law on ballistic knives reads as follows: “It is a Class B misdemeanor for a person to manufacture, possess, display, offer, sell, lend, give away, or purchase any knife with a detachable blade that may be ejected from the handle as a projectile by means of gas, a spring, or any other device contained in the handle of the knife.”[iv] (emphasis added)

Indiana Knife Laws Moving Forward

Given that there is no state preemption law, knife owners should weary about carrying either open or concealed in government buildings, school grounds or public parks. From a review of the state’s legislative docket, there is no indication that there will be changes to the knife laws in the future. For now, knife owners in Indiana can rest assured that they live in own of the most straightforward states.

[i] Burns Ind. Code Ann. § 35-47-5-2.5 (Effective July 1, 2013)

[ii] Burns Ind. Code Ann. § 35-47-5-2.5 (Effective July 1, 2013)

[iii] http://www.knifeden.com/knife-laws-in-indiana/

[iv] Burns Ind. Code Ann. § 35-47-5-2 (Effective July 1, 2013)

None of the material in this article should be interpreted as legal advice.  I am not a lawyer.  Never take any action with legal consequences without first consulting with a lawyer licensed in your jurisdiction.  This article should not be relied upon for making legal decisions.  This information is provided for scholarship and general information only.

[ Note: Out of all of the pocket knives available on Amazon.com this one is my favorite everyday carry knife – click here to see what it is on Amazon.com. I love this knife! It’s built like a tank and holds an edge better than any other knife that I’ve owned…]

Check out these related articles:

New York State Knife Laws: A Guide for Knife Carriers!

new-york-knife laws
New York State Knife Laws

Just like life in New York, with its skyscrapers, crowds and around-the-clock access to almost anything imaginable, knife laws in the Empire State are relatively confusing. 

New York, like many states, outlaws ownership of knives that are adapted for use as a weapon. Additionally, ballistic knives, metal knuckle knives, cane swords, and throwing stars are also illegal to own.

Much discussion about knives in New York revolves around switchblades and the distinction between a folding knife and a fixed blade knife.

The bulk of confusion revolves around very recent developments and case law that compounds issues of intended use with a strict reading of the law.

Overview of New York Knife Laws

While it is legal to own a hunting knife, dirk, dagger or stiletto, it is illegal to own the following knives in New York:

  • Ballistic knives
  • Metal Knuckles or metal knuckle knifes
  • Cane Swords
  • Throwing stars

It is illegal to own any knife if you are not a U.S. Citizen in New York. Additionally, it is illegal to own any knife adapted for use primarily as a weapon.

The pertinent law reads, in part:  “A person is guilty of criminal possession of a weapon in the fourth degree when: (1) He or she possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sandbag, sandclub, wrist-brace type slingshot or slungshot, shirken or “Kung Fu star”; or (2) He possesses any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another…”[i] (emphasis added)

Recent Developments in the Carry of Switchblades

On June 7, 2018, the highest court in New York upheld the conviction of a man found in unlawful possession of a knife at a subway station after finding that the knife met the definition of a switchblade in People v. Berrezueta, 2018 NY Slip Op 04032. Penal Law 265.00(4) defines a switchblade knife as “any knife which has a blade which opens automatically by hand pressure applied to a button, spring or the device in the handle of the knife.”

This case is worth reading because the defendant was a mailroom worker who testified he used that he used the knife exclusively for work to open packages. In arriving at its decision, the Court stated:

“[The] police officer’s allegation that he identified the knife recovered from the defendant as a switchblade …[was] based upon his ‘training and experience as a police officer and because, when [he] applied hand pressure to a spring-loaded portion of the blade of the knife protruding from the handle of the knife, the blade swung open automatically,’ sufficed to show the basis for the officer’s conclusion that defendant’s knife was a switchblade.

Although the officer failed to specifically state that the ‘button, spring or other devices [was] in the handle of the knife’, the weapon described possessed general features common to a switchblade…”

The dissent, written by Justice Rivera, notes:

In the case of a switchblade, the statute requires that the “button, spring or other devices” be located “in the handle of the knife” (Penal Law § 265.00 [4]). The Legislature has thus specified this category of a prohibited weapon by the physical mechanism that triggers the manner in which the knife open, and “[t]he line is so drawn” (see People v Case, 42 NY2d 98, 102-103 [1977]).

If the Legislature intended to exclude this definitional limitation on what constitutes a switchblade it knew how to do so, demonstrated by the fact that other definitions do not specify where an opening device must be located (see e.g. Penal Law § 265.06 [banning “spring-gun or other instrument or weapon in which the propelling force is a spring” on school grounds]; §§ 265.01, .00 [5] [prohibiting gravity knives, which lock into place by a “button, spring, lever or other devices” in an unspecified location]).[ii]

In sum, knife owners should be cognizant that New York does not recognize a difference in automatic or assisted-openers. The intended use or reason for possession of the knife is also immaterial.

Imputation of Possession in New York

It is well-settled law in New York that, absent certain exceptions, the presence of a firearm in an automobile is presumptive evidence of its illegal possession by all occupying the vehicle. New York Penal Law 265.15(3) states: “The presence in an automobile, other than a stolen one or a public omnibus, of any firearm, defaced firearm, firearm silencer, bomb, bombshell, gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckles, sandbag, sandclub or slungshot is presumptive evidence of its possession by all persons occupying such automobile at the time such weapon, instrument or appliance is found…” (emphasis added) The exceptions include weapons found in a vehicle for hire – the weapon wouldn’t apply to the driver – and those with a permit to conceal carry.[iii]

Moving Forward

New York is much larger than Manhattan and knife laws differ in New York city than in the rest of the state. It is important to note that even in the People v. Berrezueta case mentioned above, the defendant was found with a knife in the subway thereby subjecting him to regulations specified by the Transit Authority.

The Court even noted that “Defendant was initially charged by misdemeanor complaint with criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [1]), and subsequently additionally charged by superseding information with possession of a knife worn outside of clothing (Administrative Code § 10-133 [c]) and possession of a weapon or other dangerous instrument within the Transit Authority (21 NYCRR 1050.8 [a])”

In sum, New York does not have concealed carry laws. Therefore, it is legal to open or conceal carry any knife that is legal to own in the first place. However, knife owners should be cognizant of the vast amount of grey area in New York laws, specifically surrounding intended use and display and take precautions by carrying any permits on their person at all times when traveling through New York.

[i] § 265.01.  Criminal possession of a weapon in the fourth degree

[ii] For more information, see: https://kniferights.org/wpcontent/uploads/2018/06/People_v_Berrezueta_06072018.pdf

[iii] County Court of Ulster Country, New York et al. v. Allen et al., 442 U.S. 140 (1979)

None of the material in this article should be interpreted as legal advice.  I am not a lawyer.  Never take any action with legal consequences without first consulting with a lawyer licensed in your jurisdiction.  This article should not be relied upon for making legal decisions.  This information is provided for scholarship and general information only.

[ Note: Out of all of the pocket knives available on Amazon.com this one is my favorite everyday carry knife – click here to see what it is on Amazon.com. I love this knife! It’s built like a tank and holds an edge better than any other knife that I’ve owned…]

Check out these related articles:

Hawaii Knife Laws: A Guide for Knife Carriers!

Hawaii knife laws
Hawaii Knife Laws

Hawaii is one of the top tourist destinations in the world. The Aloha State is known for many things, including blue waters, volcanoes, and hibiscus flowers. As a tourist haven, one can expect that Hawaii would not be the most knife-friendly.

However, open carry is legal in Hawaii. Additionally, there are relatively few restrictions on knife ownership compared to other mainland states. As an example, one cannot own balisongs, butterfly knives or switchblades – a commonality that should almost be expected in the United States.

Additionally, one cannot conceal carry dirks, daggers or metal knuckles or similar knives in Hawaii. Where Hawaii differs from other states, in addition to its beauty and tout as an ideal destination, is in its prohibition on double-edged knives. Overall, knife law in Hawaii is relatively straightforward.

Overview of Hawaii Knife Laws

Court decisions have underscored that the law intends to only prohibit the concealed carry of items that are either (1) specifically listed, (2) manufactured to be weapon deadly or dangerous weapons or (3)  modified to be weapons and only weapons. In other words, if the intention of a knife is to inflict dangerous or deadly force, it will be illegal to conceal carry that knife. The relevant law, HRS §134-51 reads, in part:

“Any person, not authorized by law, who carries concealed upon the person’s self or within any vehicle used or occupied by the person or who is found armed with any dirk, dagger, blackjack, slug shot, billy, metal knuckles, pistol or other deadly or dangerous weapon shall be guilty of a misdemeanor and may be immediately arrested without warrant by any sheriff, police officer, or other officer or person. Any weapon, above enumerated, upon conviction of the one carrying or possessing it under this section, shall be summarily destroyed by the chief of police or sheriff.”

It is important to note that any weapon that could be classified as a deadly or dangerous weapon will fall under this prohibition. Additionally, the knife at issue will be confiscated and destroyed.

It should also be noted that the definition of “other deadly or dangerous weapon” is limited to instruments whose sole design and purpose are to inflict bodily injury or death.[i] One of the most instrumental court decisions on this point comes from State v. Giltner, a 1975 case decided by the Supreme Court of Hawaii that found that a diving knife with a blade that was six and one-half inches long was not a deadly weapon.[ii] The Court noted:

“The instrument recovered by the police is a “Sea Hunter” model diver’s knife, which is standard equipment for many divers engaged in deep-sea diving. It consists of a hard rubber handle with a blade measuring slightly less than 6 ½ inches in length, one edge being serrated for most of its length and then curving convexly to the point.

Since there is no indication from the statute itself or its legislative history that the Legislature intended to enlarge the definition of “dagger” beyond its usual and ordinary meaning, we find that the trial judge erred in concluding that the knife in question was a “dagger” within the meaning of the statute.”

Limitations on Switchblades and Butterfly Knives

Switchblades are specifically outlawed in Hawaii. Switchblades are banned by the following: “Whoever knowingly manufactures, sells, transfers, possesses, or transports in the State any switchblade knife, being any knife having a blade which opens automatically (1) by hand pressure applied to a button or other device in the handle of the knife, or (2) by operation of inertia, gravity, or both, shall be guilty of a misdemeanor.”[iii] Knife owners should be cognizant that the definition of a switchblade is relatively broad here.

Similarly, butterfly knives are also illegal to own in Hawaii and banned by the following language: “Whoever knowingly manufactures, sells, transfers, possesses, or transports in the State any butterfly knife, being a knife having a blade encased in a split handle that manually unfolds with hand or wrist action with the assistance of inertia, gravity or both, shall be guilty of a misdemeanor.”[iv] Given that both butterfly knives and switchblades are specifically discussed in Hawaii’s laws, it would be prudent for knife owners to familiarize themselves with these definitions.

Permitted Knives in Hawaii

There are no limits to the length of the knife blade, and nearly any type of knife ownership is legal with the exception of butterfly knives and switchblades. Knives in Hawaii that can be owned and carried, either openly or concealed, include:

  • Pocket knives
  • Bowie knives
  • Machetes
  • Small or large single-edged fixed blade knives
  • Cane knives
  • Kitchen knives

Note that double-edged knives are not specifically permitted in Hawaii. It is important to understand that there is confusion on whether double-edged knives are legal.

Double-Edged Diver’s Knives

As explained by the Knifeden, double-edged diver’s knives exist in a grey area: “On the one hand, they clearly fall into the category of ‘dirks or daggers,’ due to their double edge. On the other hand, when carried by someone actually engaged in swimming or diving, they no longer qualify as “deadly or dangerous weapons” because such weapons are blades with no purpose other than fighting or inflicting injury.”[v] While diver’s knives are discussed in the Giltner case cited above, remember that the Court defined the knife at issue in great detail noting that the blade measurements and that there was one edge.

Carry Limits in Hawaii

It is illegal to conceal carry dirks, daggers and similar knives. Additionally, like many other states, it is illegal to conceal carry knives with knuckles.

Knife Laws Moving Forward

The knife laws of Hawaii are intended to be specific. However, the law surrounding double-edged knives are less understood. Double-edged diver’s knives have a specific purpose in that they are not intended to be a deadly or dangerous weapon, however, whether they can be concealed carried seems to be fact-specific. Knife owners should always strive to be cognizant of

[i] 55 H. 531, 523 P.2d 299.

[ii] https://law.justia.com/cases/hawaii/supreme-court/1975/5659-2.html

[iii] HRS §134-52 (2012)

[iv]HRS § 134-53 (2012)

[v] http://www.knifeden.com/knife-laws-in-hawaii/

None of the material in this article should be interpreted as legal advice.  I am not a lawyer.  Never take any action with legal consequences without first consulting with a lawyer licensed in your jurisdiction.  This article should not be relied upon for making legal decisions.  This information is provided for scholarship and general information only.

[ Note: Out of all of the pocket knives available on Amazon.com this one is my favorite everyday carry knife – click here to see what it is on Amazon.com. I love this knife! It’s built like a tank and holds an edge better than any other knife that I’ve owned…]

Check out these related articles: