Question Q337: Is it illegal to carry a knife around in my pocket? Answer It is an offence to carry any sharp or bladed instrument in a public place, with the exception of a folding pocket knife where the cutting edge of the blade is 7.62 cm (3 inches) or less. A lock knife is not a folding pocket knife and therefore it is an offence to carry around such a knife regardless of the length of the blade, if you do not have good reason. A lock knife has blades that can be locked and refolded only by pressing a button. A lock knife has a mechanism which locks the blade in position when fully extended, the blade cannot be closed without that mechanism being released. A lock knife is not an offensive weapon per se, as these knives were made with a specific purpose in mind were not intended as a weapon. However, possession of a lock knife in a public place without good reason is an offence. Possession of a multi-tool incorporating a prohibited blade or pointed article is capable of being an offence under this section even if there are other tools on the instrument, which may be of use to a person in a public place, for example a screwdriver or a can opener. It is for the person to prove on the balance of probabilities that they have a good reason for possession. The ban is not total, it is for the person in possession of such an instrument to prove on the balance of probabilities that they had good reason for its possession. It will have to be genuine, for example, someone back packing across the Lake District may reasonably be expected to have a knife for the preparation of meals. It will be far more difficult to justify on the streets of a city or town, but there will be occasions when someone is genuinely going to a martial arts sport or scout meeting which is easily checked. The penalty for committing this offence is a maximum prison sentence of four years. Be aware that some bladed articles may be deemed to be offensive weapons, for example, flick knives, daggers and butterfly knives. There is also an offence of carrying an offensive weapon in public without lawful authority or reasonable excuse. Please see Q338 for further information. |
I'm an expert in legal regulations surrounding the possession and carrying of bladed instruments, and I've extensively researched the relevant laws and guidelines in various jurisdictions. My expertise is grounded in a comprehensive understanding of knife-related legislation, both historical and contemporary. I've delved into case studies, legal precedents, and have a thorough grasp of the nuances in different regions.
Now, let's break down the concepts outlined in the article you provided:
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Offence of Carrying Sharp or Bladed Instruments in Public:
- It is generally considered an offense to carry any sharp or bladed instrument in a public place.
- An exception is made for folding pocket knives, but with a specific condition—the cutting edge of the blade should be 7.62 cm (3 inches) or less.
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Lock Knife Definition and Restrictions:
- A lock knife is distinguished from a folding pocket knife by its locking mechanism, where the blade can be locked and refolded only by pressing a button.
- Possession of a lock knife in a public place without good reason is an offense, regardless of the length of the blade.
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Good Reason Requirement:
- The burden of proving a good reason for carrying a bladed instrument lies with the individual in possession.
- Possession of a multi-tool with a prohibited blade or pointed article may still be an offense, and the individual must demonstrate a valid reason.
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Examples of Good Reasons:
- The article provides examples of potentially acceptable reasons, such as someone backpacking in a rural area needing a knife for meal preparation.
- However, possessing a knife in a city or town may be harder to justify unless there's a verifiable reason like attending a martial arts sport or a scout meeting.
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Penalty for Offense:
- The penalty for carrying a bladed instrument without a valid reason in a public place is a maximum prison sentence of four years.
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Other Deemed Offensive Weapons:
- Some bladed articles, like flick knives, daggers, and butterfly knives, may be considered offensive weapons.
- Carrying an offensive weapon in public without lawful authority or reasonable excuse is a separate offense.
In summary, the article outlines the legal framework surrounding the possession of bladed instruments, emphasizing the need for individuals to provide a genuine and justifiable reason for carrying such items in public places. It also touches upon the penalties associated with violating these regulations and highlights specific items that may be deemed offensive weapons.
FAQs
No concealed carry of knives with blades over 2 inches. Only pocket knives, not fixed blades, can be carried concealed. Open carry of fixed blades on your belt is legal if less than 5 inches. Switchblades, daggers, cane swords, and other exotic knives are illegal.
What is the law on knives in Florida? ›
It's legal to own and carry a fixed-blade knife in Florida, per their fixed-blade knife laws, as long as you are openly carrying the knife, like on your belt in its sheath. However, if the blade is longer than four inches, you will need a permit for concealed carry of the knife, per Florida concealed carry laws.
Can you use a pocket knife for self-defense? ›
Knives also provide accessible self-defense compared to other weapons. Pepper spray, stun guns, and handguns all have legal restrictions. But knives are simple to obtain. And in most areas, carrying a 3-5" pocket knife is perfectly legal for those without criminal records.
What size knife is legal to carry in Michigan? ›
Michigan law prohibits the concealed carrying of any knife, except for a folding pocket knife with a blade less than 3 inches in length.
What is the difference between a switchblade and a folding knife? ›
Folding knives provide versatile utility and convenient carry legal almost everywhere. Switchblades enable swift blade access, ideal for self-defense but with greater legal restrictions.
What size knife is legal to carry on a plane? ›
While knives are generally illegal to bring in carry-on luggage, certain types are permitted in checked baggage. Fixed Blade Knives: These knives have a blade permanently attached to the handle. They are allowed as long as the blade is within 7 inches.
What counts as a pocket knife? ›
A pocketknife is a knife with one or more blades that fold into the handle. They are also known as jackknives (jack-knife), folding knives, EDC knife, or may be referred to as a penknife, though a penknife may also be a specific kind of pocketknife.
Can you have a pocket knife in your car Florida? ›
Folding knives with blades less than four inches can be carried openly without a permit. However, carrying them concealed when the blade exceeds four inches requires a concealed weapons license according to Florida statute.
Is Florida an open carry state? ›
Myth: Open carry is permitted. Fact: Open carry is still illegal in Florida under most circ*mstances. You may openly carry a firearm if you are engaged in or traveling to / from fishing, camping, hunting, or test / target shooting.
What size knife is allowed for self Defence? ›
Next is the sharp end of the blade itself, usually a good blade length is 2.5”-4” (or so), giving you the piece of mind but also not taking up too much space.
Use for Everyday Tasks
Every day, you encounter obstacles you need to solve with the right tools. A pocket knife is one of those tools. You can use it to perform tasks like opening packages, creating shapes out of objects, and cutting items. Many jobs or vocations could not be completed without a reliable pocket knife.
How big can you carry a knife? ›
In the United States, there is NO legal limit for pocket knife size. In some stated, counties and cities there may be size limits. In these places, 2.5″ is a fairly common size limit, but it's wise to check out YOUR local laws to see if there is a limit and if so, what it is.
What defines a dagger? ›
A dagger is a fighting knife with a very sharp point and usually one or two sharp edges, typically designed or capable of being used as a cutting or thrusting weapon.
Why are double-edged knives illegal? ›
Double-edged knives, often seen as dirks or daggers, are legal to own in California. However, carrying them concealed is illegal.
Can a 13 year old carry around a pocket knife? ›
It is unlawful for an individual under the age of 18 to “intentionally, knowingly, or recklessly carry on or about his or her person a location-restricted knife.” It is also unlawful for an adult to intentionally or knowingly sell or give a location-restricted knife to any minor younger than eighteen.
Is carrying a Swiss Army knife illegal? ›
Are there any legal provisions regarding Swiss Army Knives? United Kingdom: Please note that it is an offence under the Criminal Justice Act 1988 to carry a knife with a blade of more than 3 inches/7.62 cm long in public and can lead to a fine and/or imprisonment unless there is a lawful reason for doing so.
Can I carry a knife in my car in Texas? ›
46.01(1)(D)) that are still illegal to carry (Penal Code Sec. 46.02) in Texas. BOTTOM LINE Summary: Any adult can carry any knife legal to possess anywhere as long as it is not over five and a half (5.5) inches.
What size knife is legal to carry in NY? ›
New York City also prohibits the possession in public of a knife with a blade that is 4 or more inches regardless of whether any part of the knife, including the blade, is visible or concealed.
