Knife Carry: It’s Not That Simple
Knives have always had a certain mystique. Their origins can be traced back to the Stone Age and down through the ages, any type of edged weapon has always been a prized possession by its owner. A brandished knife whether it’s a bayonet, dagger, or otherwise, inspires fear while giving a sense of comfort to the user at the same time. It’s this inherent fear that has led many lawmakers to enact or introduce legislation attempting to regulate those who like to carry a blade or two more closely.
Unfortunately, the sinister stereotype that surrounds the knife has led to an incredibly broad legal definition of what constitutes a knife, as author and attorney K.L. Jamison explains in his article “Knife Law” at USConcealedCarry.com:
“A knife is typically defined as anything with a point, an edge, or both. This seems to be a straightforward definition encompassing ice picks, razors, axes, and cleavers. It also includes awls, scissors, saws, and screwdrivers, really.” (Read more at USConcealedCarry.com)
Courts have generally settled on what has come to be known as the blood test, where the intent of the attacker is to draw blood.
This is the determining factor in the item’s designation as a knife or otherwise. Screwdrivers, scissors, and butter knives have all been designated as knives in at least one instance because the wielder intended to inflict some serious damage.
There are a myriad of federal and state statutes that pertain to knife carry with very little consistency. Federal law allows knives with 2 ½ inch blades or smaller, but the law prohibits “dirks or daggers” in California with various cases still including steak knives, scissors, and knitting needles as the weapons of choice.
And in general, the court views knives with serrated edges, often termed “blood grooves,” as more likely to be used with criminal intent. Even the saw-toothed rescue tools used by law enforcement and first responders to cut rope or seat belts have been ruled by court officials as tools capable of severely damaging the human body.
Federal law also prohibits switchblade knives, a law which has been widely interpreted to include various spring-loaded blades such as butterfly knives. The switchblade was banned by the federal government as a result of 1950’s movies like “West Side Story” and “Rebel Without A Cause.”
Today however, many states have no restrictions on switchblades and in fact, Arizona never banned the controversial blade. A far more dangerous blade, the “ballistic knife,” is banned by the feds. This Cold War-era Soviet knife features a spring-loaded mechanism that can propel the blade up to 15 feet towards the target.
Although the feds have many laws regarding knife carry and use, many of these laws fortunately only apply to federal property and importation. Your local and state laws are most likely the only regulations that could affect your knife carry options. Another important point is that the state laws that allow open or concealed carry for handguns may not necessarily apply to knives. Carrying your favorite hunting, Swiss Army, or Leatherman knife could get you in trouble in some states.
Remember to check state and local regulations before heading out on that multi-state road trip or buying the latest and greatest self-defense blade.
