Legality of Automatic Knives

[Groat]

Let's just say that this thread is about..... a friend of mine. Said... friend... has a couple of real nice knives he bought while in the military. These knives are automatic, meaning the open at the press of a button. You have to physically fold these knives closed, pressing the button again once they are opened just unlocks them from the open position.

Said friend now lives in Virginia. I see that switchblades are illegal, but I perceive switchblades to be the dual action out the front type knives. Do these knives fall under the law banning switchblades? It would be a shame for that to be true, as they are really super nice and to have them be confined to the house would be sad. Plus, he really doesn't want to buy another knife just for carry.

While we're on the subject, does having a folding knife in your pocket count as a concealed weapon? I read something about a guy being picked up in VA for carrying a concealed weapon because he had some Wal-Mart Gerber clipped into his pocket. The story said he wasn't doing anything illegal or suspicious, he just ended up getting arrested.

Benchmade 9130 (bottom) and his MUCH larger brother Benchmade 9051 (top).

 

[Jim]

Ryan,
Laws vary widely. Most states consider any knife that can be opened completely with an assist as an automatic knife- AKA a switchblade.

I have always thought this was the stupidest, gut reaction law, I can carry a 8 inch fillet knife but not a 3 inch auto?

As a sailor I find an auto is a very useful tool.

 

[Groat]

Ryan,
Laws vary widely. Most states consider any knife that can be opened completely with an assist as an automatic knife- AKA a switchblade.

I have always thought this was the stupidest, gut reaction law, I can carry a 8 inch fillet knife but not a 3 inch auto?

As a sailor I find an auto is a very useful tool.

Yeah, I'm pretty sure they're illegal here but just wanted to check. The law in VA says that somebody with one arm can own and carry a switchblade, so that's an upside if I'm ever an amputee!

 

[ngollehe]

There really is no easy answer to this. Many states have different laws regarding length and opening mechanism of knives. For the most part, in my experience, if you are a LEO or Uniformed Service member, laws are a little more lax and fed. guidelines are enforced. Here are websites link to all the state statutes regarding blades and concealability.

Knife Laws Online

The Firing Line

 

[_JP_]

It can depend on the circumstances of whether or not the knife is considered a weapon. Many years ago I had car trouble on the side of the road. A state trooper stopped to make sure I was OK. I was, I had just remedied the problem. On his way back to his vehicle he spotted my chef's knife on the front seat, reached through the window and held it up. I explained to him that it was my work knife. He yelled at me that it could misconstrued as a weapon and told me to put it in the trunk.

 

[Legion]

Things are a lot less complicated in Australia. Everything is illegal.

In fact, I believe they just band pocket knives with thumb studs and holes that allow you to open the thing with one hand. That should REALLY impress the importer of Spyderco.

 

[DavyRay]

You really must find out what the law says in Virginia, and in your city. Your public library will have a plain-English explanation of your state laws. Librarians are very helpful people, and will find you information faster than you can find it yourself.

Opinions of people in forums means nothing. Find out what your state laws are by reading them yourself. Lots of misinformation is available. And don't ask a cop what is legal. They don't know. That is not their training. They will give you an opinion, but just because they are expected to. I got several differing opinions from law enforcement about something similar in NC. I finally had to look it up for myself.

Don't trust us to know.

 

[binowatch]

Check local laws. They are really amusing and infuriating when you compare state to state. In some none allowed, some you can own but not carry, some are ok for police, some also active duty military, some toss in firefighters and emts. Amputees are commonly allowed. The best is some states specfically allow telephone linemen-feeling that hanging up in the air and needing a knife with one hand free is a sound reason. The whole thing is dumb and an artifact of 1950's juvenile delequent movies like blackboard jungle!

 

[Stinky]

in Ohio you have to be a LEO or active Military to purchase. in FL you can purchase if you have a CCW. I would be very surprized if they are legal in VA.

 

[Gophred]

When you depend upon an online forum such as this for legal advice the best counsel I can give you is to make sure you carry a lot of bail money with you when you leave your house.
-Fritz

 

[Fletch]

Laws can vary so much from state to state as to what is considered a concealed weapon, auto knife, etc. I know for a lot of places a "swithcblade" is generally defined as any push button automatic opening knife. Some states even consider the speed assist knives like Kershaw makes fall under the switchblade category.

The whole legality thing of a concealed weapon is also a whole 'nother story. And sometimes the hassle you get for it can even depend on the cop. The legality issue can range from blade length to whatever the heck else "they" can come up with to define it. If you're causing trouble I'm sure a Swiss Army knife can be used against you if just cause is needed.

Certain things like that can be borderline stupid in some areas. For example I can walk into a Wal Mart, go to the outdoor section and find pictures of the pocket knives and limited hunting knives they have available in a glass case. Most of which all have a 6" blade or less. HOWEVER, I can walk into the kitchen section an grab a 12" chefs knife off the shelf and wander the store with it

 

[WilliamIam]

If you want to find out, ask a cop.
I had one that was semi-auto. Once you flipped it open a few degrees, it opened itself the rest of the way and closed if you pressed a button.
I happened to be talking to a cop (had a crazy landlord) and asked him, and got an explanation that if it has any assist at all, it's sketchy.
You can get one that just opens very easily. My friend has a K-bar folder that will open just from the inertia of the blade if you flip it. There's no assist, it's just a very low friction hinge.

 

[Thebigspendur]

In most places auto knives are illegal and vendors won't sell to you unless you are an LEO. In some places even LEO's can't carry them. There are a few southern states where you can own them. You just need to check the statutes.

 

[Subrage]

Lets just say a "friend of mine" has the exact same one as the bottom one that is pictured. It is a fantastic knife.

In which I spoke with an officer that I work with for him. The officer told me, that it is illegal since you are pressing a button to open the knife, and not phyically the blade which is spring loaded.

That being said.. Most of the time they wouldn't do anything about it, unless you give them a reason too..

But you be the judge on whether your friend wants to carry it. My "friend" does everyday.

 

[stobes21]

Illegally carrying a deadly weapon is a felony in most states. If you are mistaken as to the law and caught you will be facing a year or more in prison, loss of voting rights, loss of the right to ever possess a firearm again, the possible loss of professional licenses/certifications, the loss of a job, the substantial difficulty of finding new employment with a criminal record, and thousands of dollars in legal fees and fines.

I love B&B, but given the above I would never turn here for advice on such a topic. My strong advice is to either spend some significant time researching statutory and case law (and municipal codes if applicable to your area), or hire an attorney to give you an opinion. Local cops may be able to give you advice, but just because your buddy on the force wouldn't arrest you doesn't mean some other officer won't. In my experience cops have a pretty vague understanding of the law anyway.

I will say that it generally speaking knife laws are quite vague and out of date. The NRA and other gun rights groups have caused most states to update their gun laws and preempt local ordinances, so most places it's pretty easy to know whether and how one can carry a concealed firearm. But there hasn't been a similar push for knife laws. Here in MO for example I can just read the MO statute and know exactly what I need for a CCW permit, what firearms I can and can't carry, and where I am prohibited from carrying. But in order to be in the clear for knives I have to interpret vague statutory language, research case law, and most importantly check municipal codes for every municipality I may enter (there are 91 municipalities in my county alone).

 

[falkon]

Knife laws are stupid. It's easier to carry a gun than a switchblade. I think that's pretty f-ed up. Don't bother with switchblades anyways, they're more trouble than they're worth. If you say that you need a super-dooper-high speed-fast knife then just get a fixed blade. IMNSHO, most people have switchblades because they think they're cool. There isn't a ton of use for them over any other benchmade folder.

 

[flycbyrd]

most city cops will not know you will have to check state law. As for in my case in Al. It is not illegal to own a switchblade, gravity,or butterfly knife. This being said alabama state law says that it is unlawful for a person to posses on their person( person being in range of reach that would include your car center console and so on) the following: switchblades, gravity, and or butterfly knives if concealed carried. So you cant put it in your pocket or in your center console. But that being said if you have a sheath that doesn't conceal the fact that you have it you are legally in the law. Or if the knife is in visible sight. You get the jest, but i 100% guarantee if you ask one of my city cops they would say oh no you cant have that because they dont know and its better for them to tell you no then tell you yes and be wrong . I have a switch blade, ballisong and hope to one day get an old military issued gravity knife they run about 90 bucks

 

[bamafan64]

I've got a feeling that automatic knives are illegal for the same reason "assault" rifles are illegal in certain areas. Most of the times, people making something illegal don't really know anything about the subject matter, and if it looks evil, it must be more dangerous. The most glaring example that comes to mind is one of our fine Representatives in Washington that was railing about barrel shrouds and other evil looking features on rifles. When the reporter asked her if she knew what a barrel shroud was and what its purpose was, she was unable to answer the question in a competent manner.

http://www.youtube.com/watch?v=ospNRk2uM3U

If a lawmaker feels strongly enough to pass laws on a certain matter, they owe it to the public to at least educate themselves on what they're making a law against.

 

[Groat]

I've got a feeling that automatic knives are illegal for the same reason "assault" rifles are illegal in certain areas. Most of the times, people making something illegal don't really know anything about the subject matter, and if it looks evil, it must be more dangerous.

Indeed. That, and it can help garner future votes. The laws they pass generally don't do what they intended for long, either. It's like the Barrett Model 82, which was banned in certain places (like California). It's a huge weapon with a large capacity to kill and disable. Barrett got around the ban by simply modifying the magazine to require the use of a round to open up.

 

[Samurai-5]

As a LEO, I can say that I (I can only speak for myself) would never give an automatic knife a second glance if the person was an upstanding citizen. I would just warn him of the laws and go about my business looking for criminals.

My everyday......