General Guide to Knife Laws

Visit the link below to view the knife laws in your state.

http://www.knifeup.com/knife-laws/

General Guide to Knife Laws

Knife laws can be divided into these two categories: ownership laws and carry laws.

Ownership Laws

Ownership laws forbid individuals from owning certain types of knives that society has deemed “deadly weapons” or “dangerous.” Most of the time, these knives were once associated with unlawful people such as gangs, the mob, and outlaws. It is for this reason that theBowie knife has been outlawed in so many states.

Carry Laws

Carry laws forbid an individual from carrying, concealed or open, certain knives. For example, some states forbid an individual from conceal carry of knives over a certain length but open carry of that same knife is legal. Other states forbid the carry, concealed and open, of certain knives. Most knives that are barred from carry are ones deemed by society to have no utility uses and, therefore, their only use is as weapons.

Other Laws

Some states have laws that forbid one from aggravated display of a knife as well as committing a crime with a knife. These laws are usually only enforceable after the fact and, for that reason, allows the state to increase the penalty of a crime. For example, robber is a bad crime but robbery with a knife is viewed as an even worse crime and should be punished more than simple robbery.

What is Generally Allowed

If you want to carry a knife that is usually legal everywhere, I highly recommend you buy a knife that is clearly intended for utility use. For example, most pocket knives and all leathermans as well as multi-tools fit this description. As long as the blade is less than 3 or 2.5 inches, you should be fine. Times where this advice might not be true is at: courts, planes, schools, and special buildings that forbid the carry of blades.

How the US Justice System Works

The United States was founded under the principals of federalism. Under federalism, governing powers are divided between the federal government as well as the state governments. For states existed before the founding of the US, the writers of the Constitution respected the state’s authority by limiting federal powers to only those expressly stated within the Constitution. All other governing powers are, therefore, state powers.

For knife law, the only federal law is the Switchblade Knife Act of 1958 as well as the 2009 amendment to the act (see 15 U.S.C. §1244). The federal knife law only applies to individuals who are traveling internationally as well as between states. If you reside in a federal district (see Washington D.C. knife laws), the federal law is the only law that governs knives for you. If you live in one of the 50 states, the federal law would only apply to you if you are traveling from one state to another or if you are entering federal property, such as a military base.

All states have knife laws (click on the map above to find the knife law for a particular state) but some state’s knife laws are more up-to-date than others and local municipals often pass their own knife laws as well. For example, if you live in Denver, Colorado, you must abide under the knife laws of Colorado as well as the knife laws of Denver. However, if you travel to Boulder, Colorado (30 minutes away) you must conform to Boulder’s knife laws as well. And, during your journey, you must conform to the knife laws of all the municipals in between Boulder and Denver.

This makes knife laws a tricky subject unless your​ state has a preemption clause. Preemption means that the state government nullifies all knife laws made by municipals. Therefore, when you travel from town to town, you would not have to worry about municipal knife laws.

Reference: http://www.knifeup.com/knife-laws/

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