Knife laws?

[markn951]

I know the knife laws in my state, and I know in the US you can't have automatic knives, in England knives can't lock, under 3 inches, etc... I had NO idea you couldn't exchange knives with under-18's! I thought it was a law only in England but I guess I was wrong? Is it by area or all of the US?

[jzmtl]

Pretty sure it's more of a liability thing than law.

[John]

Just to clear up the misconception that in the UK we can't have lock knives,not true we can purchase and carry "with good reason" lock knives.That said importation of lock knives is a different story and our customs guys take it on themselves to seize lock knives if the knife can be opened with a swing,flick or spydie drop,classifying them a gravity knives 

[jekostas]

Just to clear up the misconception that in the UK we can't have lock knives,not true we can purchase and carry "with good reason" lock knives.That said importation of lock knives is a different story and our customs guys take it on themselves to seize lock knives if the knife can be opened with a swing,flick or spydie drop,classifying them a gravity knives 

Canada has a similar law for knives, only worded in a much more obtuse manner.  Knives you can open from a "Spyderco Drop" are legal, but knives that can be opened with centrifugal force from the handle are classified as illegal.  In courts, this has been defined as flick knives, gravity knifes, and balisongs.

[markn951]

Just to clear up the misconception that in the UK we can't have lock knives,not true we can purchase and carry "with good reason" lock knives.That said importation of lock knives is a different story and our customs guys take it on themselves to seize lock knives if the knife can be opened with a swing,flick or spydie drop,classifying them a gravity knives  

Canada has a similar law for knives, only worded in a much more obtuse manner.  Knives you can open from a "Spyderco Drop" are legal, but knives that can be opened with centrifugal force from the handle are classified as illegal.  In courts, this has been defined as flick knives, gravity knifes, and balisongs.

I'm planning on moving back to Montreal for university. That means I can't own a balisong?
 

Also, I think that should be an emote

[markn951]

As far as I can tell, according to the Canadian Criminal Code there are no restrictions other than it can't be a switchblade or a gravity knife... That's cool!

[jekostas]

I'm planning on moving back to Montreal for university. That means I can't own a balisong?

Criminal Code of Canada, Section C-46 (re-iterated in the Gun Registry Act of 1995)

"prohibited weapon" means
(a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or
(b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon;

The first prohibition has been taken to include automatic knives, switchblades, gravity knives, flick knives and balisongs.

The second prohibition has been taken to include (as it deals with knives or bladed weapons) push daggers, double sharpened blades, fixed blades that include a non-removable full hand guard, belt buckle knives (the Constant Companion) and stilettos or daggers without membership in the military or a legal law enforcement institution.

Obviously consideration is given for specific circumstances (performance, sports, legal/law enforcement/first responders, etc.).

[Turnstone]

I'm planning on moving back to Montreal for university. That means I can't own a balisong?

Criminal Code of Canada, Section C-46 (re-iterated in the Gun Registry Act of 1995)

"prohibited weapon" means
(a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or
(b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon;

The first prohibition has been taken to include automatic knives, switchblades, gravity knives, flick knives and balisongs.

The second prohibition has been taken to include (as it deals with knives or bladed weapons) push daggers, double sharpened blades, fixed blades that include a non-removable full hand guard, belt buckle knives (the Constant Companion) and stilettos or daggers without membership in the military or a legal law enforcement institution.

Obviously consideration is given for specific circumstances (performance, sports, legal/law enforcement/first responders, etc.).

As far as I understand that's quite the same here in Germany.

Plus we have the new law that we are not allowed to carry knives with fixed blades if the blade is longer than 12 cm or any folding knives with one-hand operation and locking blade. You may carry them "with good reason", or in a "locked container". But "with good reason" you may have luck or not. For one official person your good reason will be accepted, for another one not.  So most people who know about the law just started to carry a small fixed blade or a SAK or just a locking folding knife with two-hand operation.

I have a Benchmade Mini-Griptillian which I don't EDC anymore. It's a shame, it is such a nice knife. It is stored away in my backpack and the zipper has a small lock on it.  I don't want to risk that someone takes it away just because he thinks I don't have a good reason to carry it 

[John]

More recently the guys at UK customs have decided amongst themselves to re-classify knives like the spyderco swick as a knuckleduster,so now they're seizing any knife that has a large enough hole that your finger can go through  I wish I was a millionaire I would love to get a high powered barrister and challenge the seizures,a knife it is,a knuckleduster it certainly isn't LOL

[cgk]

I know the knife laws in my state, and I know in the US you can't have automatic knives, in England knives can't lock, under 3 inches, etc... I had NO idea you couldn't exchange knives with under-18's! I thought it was a law only in England but I guess I was wrong? Is it by area or all of the US?

There are federal restrictions on shipping but possession laws are based on the state.  For example in California they are legal if the blade is (I believe) under 2 inches.

[Zack]

I can carry just about anything I wish in GA, and have.  However, I think Atlanta is about to pass the same law as Chicago here in about anothe ryear.

[jekostas]

I can carry just about anything I wish in GA, and have.  However, I think Atlanta is about to pass the same law as Chicago here in about anothe ryear.

And nobody yet knows what's going to happen in New York city yet, and how they're going to interpret their new knife laws.

I should say that I'm pretty well fine with the way Canadian Federal knife laws are interpreted.  The way most police/RCMP go about it, as long as what you're carrying doesn't fall under the prohibited list (and sorry, mark - balisongs are specifically classified as "being open by centrifugal force") and you aren't waving it around like an idiot, they won't hassle you.

[diabolicturtle]

guess I'm lucky down here in the desert you can carry up to a 6 in fixed, concealed, although anything with a button release as well as bail songs are illegal, but it fluctuates form town to town down here

[Grant Lamontagne]

I know the knife laws in my state, and I know in the US you can't have automatic knives, in England knives can't lock, under 3 inches, etc... I had NO idea you couldn't exchange knives with under-18's! I thought it was a law only in England but I guess I was wrong? Is it by area or all of the US?

In the US, you CAN have automatic knives under certain circumstances.  Some states have laws against autos, while others allow them.  Federal law however stipulates that there is no inter-state transfer of automatics, even if they are legal in the state you are coming from and the state you are going to.  Since interstate transfer of any goods is a federal matter, and federal law prohibits autos, you cannot legally cross a state line with one, unless you are in the military or with a law enforcement agency.

You also cannot legally mail an auto over state lines, other than to return it to the company or unless you are in the military or law enforcement.  The company cannot legally return the knife to you unless you are law enforcement or military unless you happen to live in the same state. 

So, in short, if you aren't in the military, you can really only buy autos from a company producing them in your state.  Basically you only have a choice of autos when you live in Oregon! 

Def

[jan.]

Is it thru that you can carry al kind of guns and havy rifles in some US states and no knives?

[diabolicturtle]

Is it thru that you can carry al kind of guns and havy rifles in some US states and no knives?

The jury is still out on that, so far as we know the only thing we know is that destructive devices i.e. explosives and some pyrotechnics are banned, a flat prohibition against all fire arms is also illegal, although strict limits can be applied if the local community desires it, for example in some towns you can actively carry as long as the weapon is in full view, unless you have a concealed carry permit, with certain exceptions, such as hospitals, school, gov. buildings and private business that prefer to not deal with the liability. But in other places like a prison town a few hour away from where i live, only law enforcement, and such are allowed to carry in public, unless you have a legit reason, like you going to the range, or hunting, the same place also prohibits carrying of "bladed instruments" with blade length greater than 2.4 inches. but as a whole it's really more a question of where you live and where you're going. Like i said where I'm at the laws are pretty lax, and specific as to what is prohibited, but other places have different laws and regulations

[yud]

I know the knife laws in my state, and I know in the US you can't have automatic knives, in England knives can't lock, under 3 inches, etc... I had NO idea you couldn't exchange knives with under-18's! I thought it was a law only in England but I guess I was wrong? Is it by area or all of the US?

Autos are fine in the US You are thinking of switchblades Also there are no national laws in the US about knife carry, the only thing congess can control is inter-state movement (i.e. I can owen a switchblade in Ohio BUT I can not buy one in say TN and bring it back across state lines).

As far as the under 18, some states that is true others don't have any age, but I would say most keep it as a rule of thumb to keep out of the way on any laws

[markn951]

Thanks Yud, but what's the difference between a switchblade and an automatic knife? I know there are assisted-openers, but I thought most states banned automatics?

[yud]

  my mistake autos and switchblades are the same I thought they were diffrent.  According to Bernard Levine about half the states have bans, BUT I don't think that reflexs states like Ohio where I can own and carry one but can't legaly get one in the state

[markn951]

ok, so if you've had them since before the law, make them, or bought them from a factory in your state, you're ok, but you just can't bring them into the state?

[Grant Lamontagne]

If they are legal in your state, then yes.  They may also be illegal in your state to carry, but legal to own.

Also, remember that any knife, legal for carry or not can be rendered illegal by the circumstances surrounding the carry.  If you use it in a threatening manner or attempt to carry it into a zero tolerance area (banks, courthouses, schools, airports etc) you can still be charged.  If you snap it out with a fancy tactical type flair in a mall food court, expect to be tazed and charged.  And, remember that being a minor also potentially incurs other problems, as you will be perceived differently from other people, which could result in a huge legal issue for you.

Def

[jzmtl]

And, remember that being a minor also potentially incurs other problems, as you will be perceived differently from other people, which could result in a huge legal issue for you.

Def

From what I see in the news, being minor means you get a slap on the wrist even if you beat a 70 year old lady to death in some gang initiation ritual, and your name/record kept confidential. 

[yud]

ok, so if you've had them since before the law, make them, or bought them from a factory in your state, you're ok, but you just can't bring them into the state?

Bear in mind it depends on where you live, but in Ohio you can own one but can't buy, sell, trade, make, or etc. so I would have to move one across state lines, (illegal but doable, not that I have, will, or advocate).

[Styerman]

Bali's are most deffinatley prohib in Canada . Tho there was one case , cited by some ( but probably not a prescedent ) where an American Fisherman had his returned to him .

I would suspect that someday their will be a diffative ruling on assisted openers , I don't want to be the test case , so I don't carry one .

As a sweeping generalization , the Cops are more concerned about paring knives and boxcutters in the hands of crackheadf/hos than what resides in collections .

You would have to be doing something Uber stupid to get jacked for a SAK or Multi .

Chris

[Grant Lamontagne]

Bali's are most deffinatley prohib in Canada . Tho there was one case , cited by some ( but probably not a prescedent ) where an American Fisherman had his returned to him .

I would suspect that someday their will be a diffative ruling on assisted openers , I don't want to be the test case , so I don't carry one .

As a sweeping generalization , the Cops are more concerned about paring knives and boxcutters in the hands of crackheadf/hos than what resides in collections .

You would have to be doing something Uber stupid to get jacked for a SAK or Multi .

Chris

I have a copy of a letter issued by Canada Customs stating that in no way shape or form are assisted opening knives considered automatics by law, and so are indeed legal to import and own.  Whenever I order an assisted opening knife from the US, I always send a copy of that letter to the seller and ask them to please print it and package it with the knife, in case some overzealous Customs agent finds it and tries climbing on his high horse.  So far, I have had no issues with assisted openers.

However, that being said, about ten years ago an OPP officer complained about an assisted opening knife in a House of Knives store, and as a result, assisted openers were pulled from the shelves in every store.  I've been complaining about crappy United Cutlery pieces of sh*t in their stores for years, but they are still on the shelves....   

Def

[Styerman]

That letter is an opinion by Customs , it's held up so far . Canuckastan is mainly a case/common law jurisdiction , a Judge can trump their ace .

Not to mention an order in council ( how many prohib's including the Balisong were prohibited ) .

Chris

[duckman1975]

I don't get the law agains locking knife, whats the difference when you are stab by a locking knife or a none locking knife or a barbecue stick, bad guys always find a way you can't out law everything.

[Grant Lamontagne]

That letter is an opinion by Customs , it's held up so far . Canuckastan is mainly a case/common law jurisdiction , a Judge can trump their ace .

Not to mention an order in council ( how many prohib's including the Balisong were prohibited ) .

Chris

Yes and no.  The purpose of the letter is so that the trail starts and ends with the nosy bastar... uh I mean Customs agent looking into my package.  He initially thinks "Oh contraband- I get to make my quota this week!" then looks for more stuff, finds/reads the letter and his balloon fizzles faster than arousal at a KD Lang concert.  No report, no seizure, no reason to bother a judge.

However, you are right that a blanket decision from a judge can change that at any time, but that pretty well goes for just about anything.

As for why one type of knife is illegal while others aren't, it's all based on public perception.  Gang members in 50's movies had balisongs and switchblades, so they are the kinds of things bad people have.  So, anyone who has one is a bad person, meaning it should be illegal to have bad people.  Stupid logic, but it's based on public opinion, and allows politicians to pretend they are doing something, when in fact, they really aren't doing anything, but they get re-elected anyway for taking a hard stance against criminals.

Be careful what you say about outlawing everything- some jackass is likely to try that at some point....   Look at the British ban on kitchen knives with points for example.  Since kitchen knives were used as weapons in the majority of domestic disturbances, a law was passed banning kitchen knives with tips, because no one would dare try to slash someone if they wanted to kill them....

Def

[Neil]

That letter is an opinion by Customs , it's held up so far . Canuckastan is mainly a case/common law jurisdiction , a Judge can trump their ace .

Not to mention an order in council ( how many prohib's including the Balisong were prohibited ) .

Chris

Yes and no.  The purpose of the letter is so that the trail starts and ends with the nosy bastar... uh I mean Customs agent looking into my package.  He initially thinks "Oh contraband- I get to make my quota this week!" then looks for more stuff, finds/reads the letter and his balloon fizzles faster than arousal at a KD Lang concert.  No report, no seizure, no reason to bother a judge.

However, you are right that a blanket decision from a judge can change that at any time, but that pretty well goes for just about anything.

As for why one type of knife is illegal while others aren't, it's all based on public perception.  Gang members in 50's movies had balisongs and switchblades, so they are the kinds of things bad people have.  So, anyone who has one is a bad person, meaning it should be illegal to have bad people.  Stupid logic, but it's based on public opinion, and allows politicians to pretend they are doing something, when in fact, they really aren't doing anything, but they get re-elected anyway for taking a hard stance against criminals.

Be careful what you say about outlawing everything- some jackass is likely to try that at some point....   Look at the British ban on kitchen knives with points for example.  Since kitchen knives were used as weapons in the majority of domestic disturbances, a law was passed banning kitchen knives with tips, because no one would dare try to slash someone if they wanted to kill them....

Def

No such law Def.  You can now buy kitchen knives without points, apparently, but I've not seen any in the shops. 

[sawman]

This thread has gone quite a few directions, so I'll post some of my experience.  I concur with those who mention "perception" because almost everytime I take out an auto knife (and for good legitimate cutting purpose), someone asks me "Is that thing legal?".  And it doesnt matter what the actual legality of the situation is - here in FL, auto knives are perfectly legal and sold in many shops all around.  In the end, only 2 factors will apply: 1) The sheople's perception of you when you display an auto (or balisong) and 2) The cop's personal interpretation (right or wrong) of legality of possession of said knife.  You can actually get arrested for carrying a stapeler if someone thinks you are a threat with it.  I think the reason auto knives are feared so much is because of the antimidation factor: Press a button and SNAP it's open and ready for business! - kind of like the slide action of a pistol (clank-clank).  It's a shame that's how it is in some places, but we do live in a world of misinformed sheep who keep voting our rights away (if you want rights, go commit a crime).