• Skip to main content
  • Skip to secondary navigation
  • Skip to primary sidebar
  • Skip to footer

M.D. CREEKMORE

  • Blog
  • Books
  • Newsletter
  • Gear I Use
  • About
  • Contact
  • Facebook
  • YouTube
  • Blog
  • Books
  • Newsletter
  • Gear I Use
  • About
  • Contact
  • Privacy Policy
You are here: Home / Archives for Knife Laws by State

Knife Laws by State

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

September 22, 2018 M.D. Creekmore

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:

  • What’s The Best Multi-Tool to Buy For EDC
  • Best Survival Knife of for Under $100
  • Best Folding Knives For Self-Defense
  • Work Sharp Pocket Knife Sharpener Review
  • SOG Tactical Tomahawk Review

Filed Under: Knife Laws by State

Hawaii Knife Laws: A Guide for Knife Carriers!

September 22, 2018 M.D. Creekmore

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:

  • What’s The Best Multi-Tool to Buy For EDC
  • Best Survival Knife of for Under $100
  • Best Folding Knives For Self-Defense
  • Work Sharp Pocket Knife Sharpener Review
  • SOG Tactical Tomahawk Review

Filed Under: Knife Laws by State

New Hampshire Knife Laws: A Guide for Knife Carriers!

September 22, 2018 M.D. Creekmore

Flag-of-New-Hampshire-knife laws
New Hampshire Knife Laws

New Hampshire is one of the original thirteen colonies. Only three years after the Pilgrims landed at Plymouth, the first settlers inhabited present-day Portsmouth. When New Hampshire adopted its own constitution in January of 1776, that founding history of leadership and independence was underscored.

While the state motto of “Live Free or Die” was not officially adopted until 1945, it is arguably the most well-known state motto and undoubtedly rings true – particularly as it applies to the state’s knife laws.

New Hampshire is one of the most knife-friendly states. In recent years, the state has made great strides in overturning legislation many found to be archaic. Today, there are few restrictions on knife owners. In sum, non-convicted felons may own and carry knives with little restriction almost anywhere in the state. There are a few other important points to note about knife ownership as well.

History of New Hampshire Knife Laws

In 2010, bipartisan support for reform in New Hampshire’s knife laws led to a repeal of the ban on switchblades, dirk-knives, daggers, and stilettos.[i] While this would have been revolutionary in and of itself, the very next year, the legislature passed a bill abolishing the complicated local ordinance laws that fragmented the legality of knife ownership.

Currently, New Hampshire joins Alaska, Arizona, Georgia, Kansas, Oklahoma, Tennessee and Utah that also have state knife pre-emption laws.

By prohibiting local ordinance rules from being more restrictive than state law, New Hampshire knife laws are now uniform. The pertinent law, HB 159:26 reads, in part: “[A]ll municipal ordinances and regulations … relative to the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearm components, ammunition, firearms supplies, or knives shall be null and void.”

Given the state law preemption that is at play, there is a dangerous misconception that New Hampshire has no knife laws.[ii] This is patently untrue. In an article written by Dan Tuohy in the New Hampshire Union Leader, Representative Jennifer Coffey, prime sponsor of the legislation repealing switchblades, is quoted as saying “All we did was get rid of an old, antiquated law that was enacted in the 1950s…We need laws on criminal activities, not on objects.”[iii]

Restrictions for Convicted Felons

Unlike other states that rely on the intended use of a knife or take a fact-based approach to possible convictions, there are clear-cut restrictions on knife ownership in New Hampshire.

The most notable restriction on the ownership and possession of knives in New Hampshire applies to convicted felons. HB 159:3 also reads, in part, that a person is guilty of a class B felony if he: “(a) Owns or has in his possession or under his control, a pistol, revolver, or other firearm, or slungshot, metallic knuckles, billies, stiletto, switchblade knife, sword cane, pistol cane, blackjack, dagger, dirk-knife, or other deadly weapon as defined in RSA 625:11, V; and (b) Has been convicted in either a state or federal court in this or any other state, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States of a felony.” Knife owners and convicted felons should be critical of the language in the law– it does not simply state “possession” but adds “under his control.”

It is also important to note that a person is guilty of a class B felony if he “completes and signs an application for purchase of a firearm and the person is a convicted felon.” Note that the sale of the firearm need not be completed for a person to be guilty of a crime under this law. Clearly, New Hampshire has prioritized knife ownership, as well as pathways to ownership, for convicted felons as a serious issue.

Permitted Knives in New Hampshire

Where legal, there is no limit on the length of knife blades, the number of edges or the construction of the knife. For non-convicted felons, the following types of knives are legal to own and carry in New Hampshire:

  • Gravity knives
  • Switchblades
  • Balisong knives
  • Machetes
  • Swords
  • Bowie knives
  • Daggers
  • Dirk-knives
  • Martial arts throwing knives

It is important to note that the statewide ban on metal knuckles extends to knives in so much that carrying or selling knives with metal finger rings is a misdemeanor.[iv]

Open Carry and Concealed Carry

Lawful knife owners should avoid carrying knives in schools, government and public buildings (including courthouses) and airports. This same precaution should be applied in all states, but it is particularly important in New Hampshire due to the misconception that there are no knife laws whatsoever in the Granite State.  It is also worth noting that New Hampshire is a small state that borders much less knife-friendly states. It is easy for travelers to cross state lines. Knife owners should be cognizant of jurisdictional boundaries at all times.

Sale and Transfer of Knives to Minors

Other than the restriction on knife ownership and possession that applies to convicted felons, New Hampshire state law does prohibit the sale of paintball guns and BB guns to minors. However, there is no law regarding the sale or transfer of knives to minors.

Knife Laws Moving Forward

A review of New Hampshire’s legislative docket suggests that changes in the state’s knife laws are not on the horizon. Further reform would push New Hampshire over the threshold of being the utmost friendliest states for knife owners in the United States. T

he Granite State, however, is not too far from being number one. For now, convicted felons cannot own, possession or be in the control of any knife. Knife owners enjoy a substantial amount of rights, including the right to own almost any type of knife including switchblades.

Metal knuckles and knives with metal rings are illegal to own and, lastly, knife owners should not tout their knives in schools or public buildings. Otherwise, law-abiding citizens should feel relaxed in New Hampshire – the state legislature has certainly fulfilled the motto of “Live Free or Die!”

[i] http://knife-expert.com/nh.txt

[ii] http://www.thetruthaboutknives.com/2013/05/know-your-knife-laws-9-new-hampshire/

[iii] https://kniferights.org/UnionLeader05202010.pdf

[iv] http://www.gencourt.state.nh.us/legislation/2010/HB1665.html

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:

  • What’s The Best Multi-Tool to Buy For EDC
  • Best Survival Knife of for Under $100
  • Best Folding Knives For Self-Defense
  • Work Sharp Pocket Knife Sharpener Review
  • SOG Tactical Tomahawk Review

Filed Under: Knife Laws by State

Oregon Knife Laws: A Guide for Knife Carriers!

September 22, 2018 M.D. Creekmore

Oregon knife laws
Oregon Knife Laws

While Oregon doesn’t top the list as the most knife-friendly state, it is certainly less restrictive than most. The difference between Oregon’s knife laws and most other states is that Oregon relies on court decisions, rather in codified statutes. This information is not as readily available and consequently many find Oregon’s knife laws confusing.

Knife ownership in The Beaver State, however, is relatively straightforward. It is legal to own most types of knives, including dirks, daggers, and switchblades. There are certain restrictions regarding conceal carry which is important to consider and discussed below.

Permitted Knives In Oregon

The following knives are legal to own in Oregon:

  • Bowie knives
  • Switchblades
  • Ballistic knives
  • Gravity knives
  • Butterfly knives and balisong trainers
  • Stilettos
  • Dirks
  • Daggers

Restriction on Convicted Felons

Like New Hampshire, one of the most prominent restrictions on knife ownership in Oregon applies to convicted felons. Unlike the language in other states’ statutes, the language in Oregon’s statute is incredibly broad. It specifically outlaws ownership, possession, custody, and control of the instrument.

The relevant law reads: “Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove, metal knuckles … or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.”[i] (emphasis added)

Length of a Blade and Pocketknives

It is legal to conceal carry a pocketknife. However, it would appear from case-law that knives with blades over six inches are illegal to conceal carry.

In State v. Witherbee, the defendant “indicted and convicted for carrying ‘concealed about his person a 6″ Survival Knife, not an ordinary pocketknife.’”[ii] It is worth noting the facts of that case as the defendant was charged with burglary after effecting unlawful entry to a building while carrying the knife in question.

Earlier decisions, such as State v. Pruett and State v. Strong found that knives with a 3 and one-half inch blade and a knife that was four and three-quarter inch blade, respectively, fit the definition of an ordinary pocketknife. While the Witherbee case was later than the other two cases, the Court’s finding begs the question of whether it was the intended use of the knife in addition to the length of the blade that concluded the issue.

Oregon Law on Concealed Carry

Oregan law is incredibly clear on the restriction for concealed carry. The pertinent law reads, in relevant part: “Any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor.” [iii] (emphasis added)

Case law concerning concealed carry provides clues into the definition of dirk and dagger knives, which are not discussed in statutes. In 2009, the Court of Appeals of Oregon decided this issue by looking at the plain reading of a definition of dirks and daggers.

The facts of State v. Ruff are as follows: “Officer Linck, a member of the Newberg Dundee Police Department, went to a city park after a police dispatcher informed him that ‘an off-duty officer called in [about] a man sitting in the bushes and [the man] had been swinging a samurai type sword around and the information was also given that he was carrying it under his coat.’ When Linck arrived at the park, there were several people in the vicinity of the sidewalk adjoining the park watching the defendant.

The officer spoke with the informant who had called the police because he was concerned about the defendant’s mannerisms and the fact that he had a sword in a public area. As Linck conversed with the informant, the defendant came walking up out of the park and got in his vehicle. At the time, Linck was able to observe that the defendant had an object with him, although he could not determine if it was a sword.”

The Court noted: “The terms “dirk” and “dagger” are not defined by statute. We conclude therefore that the legislature intended that the ordinary meanings of the words apply. A “dagger” is defined as a “short knife used for stabbing.” Webster’s Third New Int’l Dictionary 570 (unabridged ed. 2002). A “dirk” is commonly understood to mean a “long straight-bladed dagger[.]”

The historical function of a dagger was to pierce armor.  Historically, daggers existed in several varieties; a dirk was one kind of dagger with a blade of approximately 18 inches. While a three-and-one-half foot long samurai sword is not a dirk or a dagger, it could qualify as an “other similar instrument” for purposes of ORS 166.240(1) if it also is designed for stabbing.” Therefore, the Court concluded:

“By ordinary definition, a sword is “a weapon with a long blade for cutting or thrusting set in a hilt usually terminating in a pommel and often having a tang or a protective guard where the blade joins the handle [or] an instrument of destruction.” …Here, given the description provided, Linck could reasonably suspect from the information furnished by the informant that the sword in defendant’s possession, while he was in the park, was designed primarily to inflict injury on the person or property of another by stabbing, similar to the function of a dirk or dagger, and that the sword had been concealed on the defendant’s person.”[iv]

Moving Forward

In sum, convicted felons face serious restrictions on knife ownership in Oregon. While there is no indication that there are any changes or other reforms in knife law on the horizon in Oregon, it is safe to say that Oregon is one of the more lenient states. It is legal to own any knife and legal to open carry any knife. Individuals may not conceal carry dirks, daggers, butterfly knives, gravity knives or any knife that swings into position by force.

[i] https://www.oregonlaws.org/ors/166.270

[ii] https://www.leagle.com/decision/19861378717p2d66111328

[iii] https://www.oregonlaws.org/ors/166.240

[iv] https://www.courtlistener.com/opinion/2562314/state-v-ruff/

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:

  • What’s The Best Multi-Tool to Buy For EDC
  • Best Survival Knife of for Under $100
  • Best Folding Knives For Self-Defense
  • Work Sharp Pocket Knife Sharpener Review
  • SOG Tactical Tomahawk Review

Filed Under: Knife Laws by State

Mississippi Knife Laws: A Guide for Knife Carriers!

July 3, 2018 M.D. Creekmore

Mississippi knife laws
Mississippi Knife Laws

In Article 3, Section 12, the Mississippi State Constitution authorizes and protects the right of every citizen to own and bear arms. The generally written constitutional statute applies to the defense of people and property.

Under Article 3, Section 12, Mississippi legislators can regulate and prohibit the concealed carrying of weapons. Mississippi laws addressing the ownership and carrying of knives are found within the Mississippi legal code in Chapter 37, Title 97.

Overview of Mississippi Knife Laws

Most legal scholars view Mississippi as a free and open knife ownership state. However, The Magnolia State imposes a few restrictions on the concealed carrying of long types of knife blades. As far as knife ownership goes, the state does not ban any style of knife, including knives other states forbid for ownership, such as gravity and ballistic knives.

The allowance of ballistic knife ownership in Mississippi contrasts to the strict regulation of the self-propelled knives put in place by other southern American states like Florida. In Mississippi, knife ownership regulations apply to felons and minors younger than 18 years old, although the regulations are not complete bans.

Knives Eligible for Legal Ownership in Mississippi

Mississippi has established the legal age for knife ownership at 18 years old. Adults that do not have any felony convictions are allowed to own, sell, and purchase any type of knife. The only exception to permissive Mississippi knife laws concerns selling a dirk, Bowie knife, butcher knife, or switchblade to a minor or anyone that is legally intoxicated at the time of a sale.

Section 97 of the Mississippi grants residents and visitors the right to own the following types of knives:

  • Pocket Knife
  • Butterfly Knife
  • SwitchBlade
  • Machete
  • Balisong Knife
  • Dirk
  • Dagger
  • Ballistic Knife
  • Hunting Knife
  • Sword
  • Misleading Knife
  • KA-BAR Knife

Mississippi does not place a limit on the length of knife blades for ownership purposes, which means you can store a knife of any length of blade in your home. However, concealed carry knife statutes in The Magnolia state mandate the prohibition of carrying concealed longer knives, although state law does not define the meaning of “longer knives.”

Open Knife Carry Law in Mississippi

Mississippi treats open knife carry in the same manner the state treats knife ownership. There are no laws currently on the books that prohibit the open carrying of any style of knife, at any blade length. Nonetheless, anyone living or passing through The Magnolia state cannot display a knife in a threatening way or open carry a knife with the intent to cause harm to other people. Premeditation is a difficult act to prove in court, as several Mississippi court case have ruled on the side of self-defense over the explicit intent to harm other residents by using a knife.

Mississippi and Concealed Carry Statutes

You have the right to conceal carry any type of knife Mississippi if you are over 18 years of age and conceal carry a knife inside your home or any real property that is part of your home. Courts have issued conflicting rulings on the legality of qualifying residents conceal carrying any kind of knife at their places of employment. Outside of your home or place of employment, concealed carry is prohibited for Bowie knives and butcher knives, as well as dirks and switchblades. Mississippi also has banned concealed carry for trench knives and other types of knives that contain finger rings.

Miscellaneous Knife Laws in the Magnolia State

Although considered a knife ownership friendly state, Mississippi knife laws have one major flaw the legal system has tried to fix several times over the past couple of decades. The Magnolia State does not have a preemption statute on the books, which means counties and municipalities can pass knife laws that are more restrictive than what state legislators have passed. For example, Tupelo, MS prohibits concealed carry for knives that have blades spanning longer than 3.5 inches. Vicksburg sets the concealed carry limit for knife blades at four inches. Mississippi knife laws ban knives of any kind on public school property, which includes buses and athletic venues.

Mississippi Knife Laws in 2018 and Beyond

In January of 2018, Mississippi state representative Gary Staples introduced legislation to remove the concealed carry restrictions pertaining to knives. HB 924 removes dirks, switchblades, Bowie knives, and butcher knives from the list of knives prohibited for concealed carry. As of June 2018, HB 924 is still moving through the legislative process, with its future up in the air because of amendments unrelated to knife laws attached to the bill. There is also momentum in the House to introduce a bill that gives the state preemption power to unify knife laws in cities like Vicksburg and Tupelo.

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:

  • What’s The Best Multi-Tool to Buy For EDC
  • Best Survival Knife of for Under $100
  • Best Folding Knives For Self-Defense
  • Work Sharp Pocket Knife Sharpener Review
  • SOG Tactical Tomahawk Review

Filed Under: Knife Laws by State

Texas Knife Laws: A Guide for Knife Carriers!

July 3, 2018 M.D. Creekmore

texas knife laws
Texas Knife Laws

“Don’t Mess with Texas” is an appropriate slogan for a state that takes pride in protecting individual liberty. However, The Lone Star State lives up to its independent reputation when it comes to knife laws.

According to Article 1, Section 23 of the Texas State Constitution, Texans enjoy a broadly interpreted right to bear arms that include knives. However, Article 1, Section 23 also grants the Texas legislature the legal right to regulate weapons to prevent violent crimes.

The variation of federal Second Amendment rights has prompted numerous lawsuits challenging the legal validity of Texas constitutional law.

Overview of Texas Knife Laws

Texas laws place no restrictions on knife ownership. Part of the reason for the knife ownership friendly statute stems from clear wording in the Texas State Constitution. However, knife-friendly statutes also have gained momentum because of the commitment Texas lawmakers have made to preserve the vibrant recreation industry in the state. Knife laws in Texas often contain wording that focuses on the rights of outdoor enthusiasts such as anglers and hunters.

Here is the list of knives Texas allows residents to own:

  • Pocket Knives
  • Butterfly Knives
  • Ballistic Knives
  • Stilettos
  • Daggers
  • Misleading Knives
  • Machetes
  • Bowie Knives
  • Switch Blades

Open and Concealed Carry Statutes

In response to the growing threat on Capitol Hill to regulate firearms, the State of Texas enacted several laws granting residents the right to open and conceal carry a wide variety of guns. The lenient open and concealed carry statutes for firearms eventually persuaded Texas legislators to apply the same open and concealed carry rights to knives.

As of June of 2018, Texas does not place any restrictions on the open and concealed carrying of any style of knife, except in the special cases clearly outlined by other Texas knife laws.

Major Knife Law Changes in 2017

Texas legislators made several significant changes to state knife laws during the 2017 session. Lawmakers removed legal language that restricted specific knife designs. Formerly regulated knives like Bowie knives had all restrictions removed.

Texas law also changed by increasing the blade maximum size allowed for “location-specific” knives. With all the changes in favor of knife, owners came one important strengthening of knife statutes in regards to minors under the age of 18 years. Texas law forbids minors from buying or selling most styles of knives, as well as open or conceal carrying knives in “location-specific” venues.

Miscellaneous Texas Knife Laws

Before the sweeping changes made in 2017 to Texas knife laws, legislators addressed the lack of statewide preemption in 2015. In September of 2015, the Texas legislature passed a law that required counties and municipalities to comply with state knife laws. The result has been the removal of statutes that place additional restrictions on knife ownership at the local level than what the state has on the books.

Texas law also includes “location-specific” knife-carrying restrictions. Residents and visitors cannot carry knives on school property, which includes Texas colleges and universities. You cannot bring a concealed knife into a polling place or any judicial venue such as a courtroom.

Knives are prohibited at airports and bus terminals. Businesses that generate more than 51% of sales from liquor must place a sign at the front entrance informing customers not to bring knives into the establishment. Knives are banned at sporting events in Texas and in places of worship.

Texas Knife Laws 2018 and Beyond

The state law passed in 2017 that allows adults to open carry knives measuring more than 5 1/2 inches has come under fire from law enforcement. Open carrying potential weapons such as swords and stilettos should be the focal point of hotly debated proposed laws in 2018 and beyond.

The legal momentum that helped enact the recent open carry changes appears to remain strong on the Texas legislature. The thinking is the same open carry leniency for firearms should also apply to any type of knife. Although no bill has reached the Texas legislature floor that proposes regulating longer bladed knives, many legal experts expect a bill to come up for debate in 2019 that addresses the issue.

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:

  • What’s The Best Multi-Tool to Buy For EDC
  • Best Survival Knife of for Under $100
  • Best Folding Knives For Self-Defense
  • Work Sharp Pocket Knife Sharpener Review
  • SOG Tactical Tomahawk Review

Filed Under: Knife Laws by State

  • « Go to Previous Page
  • Page 1
  • Page 2
  • Page 3
  • Go to Next Page »

Primary Sidebar

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 7,196 other subscribers
  • Amazon
  • Facebook
  • Substack
  • Twitter
  • YouTube

“Do more with less.”

– Minimalist proverb

Recent Posts

  • Just so you know
  • Weather Update for My Corner of Appalachia
  • Why I’m Ordering Ivermectin + Mebendazole Every Year
  • The Website’s Shutting Down (But Here’s the Plan)
  • You Are Hated! Start Training Like It!

Footer

Recent Posts

  • Just so you know
  • Weather Update for My Corner of Appalachia
  • Why I’m Ordering Ivermectin + Mebendazole Every Year
  • The Website’s Shutting Down (But Here’s the Plan)
  • You Are Hated! Start Training Like It!

More about me

Books I’ve written

Books I’ve read

Follow Me on YouTube

Follow Me on Facebook

Gear I Use and Recommend

Newsletter

Search this site

Follow me elsewhere

  • Amazon
  • Facebook
  • Substack
  • Twitter
  • YouTube

© 2008–2025 M.D. Creekmore · As an Amazon Associate, I earn from qualifying purchases.