Omar Bennett
In the United States, the Second Amendment guarantees the right to keep and bear arms, and the laws regarding the carrying of firearms and knives vary from state to state. The term constitutional carry, also known as permitless carry, refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. While the phrase typically applies to firearms, some states have extended this right to include knives. For example, in Florida, a constitutional carry state, people can carry handguns and knives concealed without a permit, though open carry of firearms is still illegal. Each state has different regulations on the types of knives that can be owned and carried, and it is important to understand the specific laws in each state to avoid legal trouble.
| Characteristics | Values |
|---|---|
| Federal laws | The Federal Switchblade Act of 1958 prohibits the manufacturing, interstate transportation, importation, and sale of switchblade knives in the US |
| It does not restrict the possession or carrying of switchblade knives in states where they are legal | |
| Apart from the Switchblade Act, no specific federal laws regulate the possession or carrying of pocket knives | |
| State laws | State laws vary, and knives are often included in weapons statutes |
| Some states prohibit the carrying of knives by persons with prior convictions | |
| Some states have statutory limitations on where knives can be carried | |
| Some states have exceptions for certain activities, such as hunting and fishing | |
| Some states have exceptions for certain individuals, such as those in law enforcement, the military, or government | |
| The standard of what is considered concealed varies from state to state | |
| In some states, carrying an illegal knife is a misdemeanor, while in others, it is a felony | |
| Knife Rights Organization | Knife Rights is a grassroots knife owners' organization that aims to rewrite knife laws in America |
| They have successfully lobbied for the inclusion of knives in Constitutional Carry bills in Florida and Nebraska | |
| They have also worked to repeal knife bans in 27 states and over 175 cities and towns since 2010 | |
| TSA regulations | As of April 2021, carry-on permits pocket knives up to 2.36 inches (6 cm) in length without fixed or locking features |
| Pack knives with larger blades or locks in checked bags | |
| The TSA may change guidelines, so it is important to check before traveling |
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What You'll Learn
Federal Switchblade Act of 1958
The Federal Switchblade Act of 1958 is a United States law that regulates the manufacture, sale, transportation, distribution, possession, and introduction into interstate commerce of switchblade knives. Switchblades are defined as any knife with a blade that opens automatically through hand pressure applied to a button or device in the knife's handle or by the operation of inertia or gravity. The Act imposes fines of up to $2,000, imprisonment of up to five years, or both for those who violate these provisions.
The law includes several exceptions, such as allowing switchblades with blades shorter than three inches for individuals with only one arm and knives with a spring mechanism that requires exertion to open. It also permits the introduction of switchblades into interstate commerce by common carriers in the ordinary course of business and for the Armed Forces and their members in the performance of their duties.
The Federal Switchblade Act is the only federal law in the United States that addresses automatic knives. It is worth noting that the Act only prohibits sending such knives through the US Postal Service. There is no federal ban on possessing or carrying automatic knives outside of restricted areas and specific prohibitions.
The Federal Switchblade Act has been amended over the years, including through the Ballistic Knife Prohibition Act of 1986, which further addressed the possession, manufacture, and sale of ballistic knives, defined as knives with detachable blades propelled by a spring mechanism.
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State knife laws
Knife laws vary from state to state in the United States, and it is important to understand the specific regulations in each state to avoid legal trouble. While there are no federal laws regulating the possession or carrying of pocket knives, certain federal agencies like the TSA and GSA have established regulations regarding pocket knives in specific contexts, such as on board aircrafts.
Some states, like Alabama, have very lenient knife laws, permitting the possession and carrying of various types of knives, including switchblades, butterfly knives, and folding knives. However, concealed carry of certain knives like Bowies is illegal, and selling such knives to minors is also prohibited. On the other hand, states like California have rather complicated weapon laws, and it is unlawful to bring any knife into public spaces like schools and government properties. California also bans the possession or carrying of certain types of knives, including switchblades with blades longer than 2 inches, ballistic knives, and lipstick knives, among others.
In Michigan, while there are no specific knives banned, concealed carry is heavily restricted, and certain knives like daggers, dirks, and stilettos are prohibited from being carried concealed. New York also has strict weapon laws, banning the possession or carrying of switchblades, ballistic knives, metal knuckle knives, and cane swords. North Carolina has a unique law that requires residents to open carry all knives except pocket knives, and the only type of knife banned is the ballistic knife.
It is worth noting that Knife Rights, America’s grassroots knife owners’ organization, has been working to rewrite knife laws in the United States. Their efforts have resulted in bills being enacted that repeal knife bans in several states and cities. As a result, some states, like Florida and Nebraska, have introduced Constitutional Carry bills that include knives, allowing for the concealed carry of knives without a permit. However, it is important to check the local laws in Florida as they may still limit what knives can be carried and how.
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TSA knife regulations
The Transportation Security Administration (TSA) was created in the wake of the September 11, 2001 terrorist attacks to improve security and safety on airplanes. As part of this mandate, the TSA has implemented strict regulations on carrying knives and other sharp objects onto an aircraft.
TSA regulations prohibit passengers from carrying pocket knives or any other sharp objects in their carry-on baggage. This includes all types of blades, such as box cutters, razor blades, and fixed or locked blades. These items must be placed in checked baggage and are subject to further inspection. Passengers are advised to declare any knives or sharp objects to the airline when checking their bags. Additionally, knives must be properly sheathed or wrapped in bubble wrap and packing paper to ensure safe handling and prevent injuries. Scissors with blades shorter than 4 inches (10 cm) are allowed in carry-on baggage, but longer scissors must be placed in checked baggage.
It is important to note that the final decision on what items are allowed through security checkpoints rests with the TSA officer. They may prohibit any items deemed dangerous, including certain knife designs. Passengers should also be aware of the knife laws in their destination country, as these can vary widely. While small, non-locking knives that open with two hands are likely legal in most places, it is essential to research the specific regulations for your destination.
Some sources suggest that there are TSA-approved knife options available, such as keychain tools made from stainless steel, which comply with TSA regulations. However, it is always advisable to check with the TSA directly or refer to their official guidelines to ensure compliance with the latest regulations.
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Concealed carry
Knife laws vary across different states and countries. In the United States, each state has its own laws governing the legality of carrying weapons, which include various types of knives. Some states prohibit the possession of knives with a quick-opening mechanism such as gravity knives, butterfly knives, or switchblades. Other states may impose no restrictions at all, while some allow possession with restrictions based on age, carrying on one's person, carrying concealed, carrying while a convicted felon, etc.
In Alabama, it is legal to possess and carry various types of knives, including balisongs/butterfly knives, switchblades, gravity knives, automatic and assisted opening knives, stilettos, dirks, toothpick knives, and all folding knives. However, carrying concealed Bowies and similar knives is illegal, and selling such knives to people under 18 is also prohibited. In Alaska, there are no explicit restrictions on knife types, but carrying or using a knife with the intent to cause death or serious injury is illegal. In Arizona, individuals over 21 can carry concealed knives, but it is illegal not to disclose this to a police officer, and it is also illegal for someone under 21 to carry a non-pocket knife concealed or to bring a knife into schools.
In Arkansas, all types of knives are legal regardless of their size or mechanism. In California, it is legal to carry knives of any blade size openly, and most knives can be concealed except for illegal types like switchblades over 2 inches, ballistic knives, disguised knives, and undetectable knives. In Colorado, most knives can be carried openly, but concealing a knife with a blade over 3.5 inches is illegal, except for hunting and fishing knives used for sports.
In Mississippi, anyone over the age of eighteen and not a convicted felon can legally own any type of knife. Conceal carrying a Bowie, dirk, butcher, or switchblade knife is illegal unless hunting, fishing, or participating in sports that involve such knives. In Missouri, the law restricts the concealment of knives to pocket knives with folding blades less than four inches long; all other knives cannot be concealed on one's person or in their vehicle. In Montana, it is legal to own and carry any type of knife, including switchblades, and there are no limits on blade length, but it is illegal to bring a knife with a blade 4 inches or longer onto school property.
In Nebraska, a Constitutional Carry bill has been signed by the governor that includes knives, removing the state's ban on the concealed carry of knives (other than a "pocket knife") without a permit. In New Hampshire, it is legal to own any knife unless convicted of a felony, and there are no restrictions on open or concealed carry for law-abiding citizens. In New Jersey, concealed carry of a knife is generally legal unless it's a dangerous weapon like a switchblade, and intent to use it unlawfully can make possession illegal.
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Knife Rights' Legislative Action Center
Knife Rights is America's grassroots knife owners' organization, established in 2006 to ensure the protection of knives, one of mankind's oldest and most commonly used tools. The organization works to rewrite knife laws in America and forge a Sharper Future™ for all Americans. Knife Rights has proven that it is building that Sharper Future™ by successfully repealing knife bans in several states and cities across the country.
The Knife Rights Legislative Action Center is a crucial tool in the organization's efforts to protect knife rights. It provides a platform for individuals to contact their legislators and voice their support for knife-friendly bills. Knife Rights encourages individuals to use the Legislative Action Center to advocate for knife-related legislation, such as the inclusion of knives in constitutional carry bills and the repeal of bans on specific types of knives.
For example, Knife Rights supporters in Florida were urged to use the Legislative Action Center to contact their lawmakers and show their support for the Florida Constitutional Carry bill (HB 543), which included knives. Similarly, in Nebraska, the organization appreciated the efforts of those who used the Legislative Action Center to contact their legislators and include knives in the state's Constitutional Carry bill.
The Legislative Action Center has also been instrumental in advancing knife-friendly legislation in other states. In Washington, Knife Rights called on residents to use the center to send emails and urge their state senators to vote for SB 5860, a bill that sought to repeal the ban on "spring blade" (automatic) knives. As a result of these collective efforts, the Washington Senate passed the bill with a bipartisan vote of 45-3.
Additionally, Knife Rights has utilized its Legislative Action Center to inform knife owners about the current knife laws and regulations. They offer a LegalBlade™ App – Knife Laws in America ™, which provides guidance on the knife laws of all 50 states. This ensures that individuals are aware of the legal implications of carrying knives and can take appropriate actions to minimize future problems.
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Frequently asked questions
The Federal Switchblade Act of 1958 prohibits the manufacturing, interstate transportation, importation, and sale of switchblade knives in the US. It defines switchblades as knives with blades that open automatically through a button, spring, or other mechanical means.
No, it does not. While the act makes the manufacturing, interstate transportation, importation, and sale of switchblades illegal, it does not restrict the possession or carrying of switchblades in states where they are legal.
Knife Rights is America's grassroots knife owners' organization. They are leading the fight to Rewrite Knife Law in America and aim to forge a Sharper Future for all Americans. They have successfully enacted 40+ bills repealing knife bans in 26+ states and over 150 cities and towns since 2010.
Yes, the Florida Constitutional Carry Bill (also referred to as the Permitless Carry Bill) includes knives. This bill removes the state's ban on the concealed carry of knives (other than a "pocket knife") without a permit. However, local laws may still limit what knives can be carried and how.
Knife laws vary across different states and federal properties. It is important to understand the specific regulations of your state. Additionally, knives are typically prohibited in certain public areas such as airports, schools, theaters, and amusement parks. The TSA and GSA regulate knife possession and carry-on policies for aircraft and federal properties, respectively.
