It is very common for gun owners to also carry knives they may use as defensive weapons where gun possession is prohibited, or as a back up against gun malfunction during a self-defense emergency. As a result, members often ask questions about knives for self defense. For this month’s column, we asked our affiliated attorneys these questions –
In your area, what laws apply to carrying a knife?
If one inadvertently violated a municipal regulation prohibiting blade length, automatic opening mechanisms, or other knife features, how damaging would the violation be to an overall claim of self defense?
If one is found in possession of an illegal knife, what is the punishment and does it affect one’s carry permit or right to possess firearms?
Our affiliated attorneys’ responses follow.
Benjamin Blatt
P.O. Box 221, South Bend, IN 46624
574-360-4039
https://www.facebook.com/hoosierattorney
In Indiana, knife laws vary by municipality, since we still don’t have state preemption for all weapons.
Currently, the only knife type restriction that remains in the state code as applicable state-wide is possession of a ballistic knife as a mid-level misdemeanor. The only other knife-specific offense is possession of a knife on school property, a school bus, or a special purpose bus, which can be charged as a misdemeanor or low-level felony depending on the nature of the offense. The prohibition on carry in most government buildings applies to all weapons, and is not knife specific.
Under Indiana’s self-defense statute, a person may not use force in self defense if he is committing a crime that is directly and immediately connected to the act of violence he is defending against. So if the knife is used because someone tries to wrest it away in a school, a self-defense claim would probably fail.
But beyond that, the municipal knife restrictions are all, as far as I know, at the infraction level, which in Indiana is a civil matter subject to a fine, not a criminal offense. So nominally if you’re twirling a switchblade in a Marion County park and someone tries to stab you and take your cool knife, you retain the ability to legally act in self defense.
John R. Monroe
John Monroe Law, PC
156 Robert Jones Rd., Dawsonville, GA 30534
678-362-7650
http://johnmonroelaw.com
In every context but K-12 schools, Georgia regulates only the carrying of “weapons and long guns.” Weapons are defined to be “handguns” and “knives,” and “knives” are defined to be a bladed weapon longer than 12 inches. That is, Georgia does not regulate the carry of things like pocket and hunting knives.
Longer blades (i.e., longer than 12 inches, things like sabers, machetes, and swords) are treated the same as handguns. They may not be carried in the same places where handguns may not be carried (jails, prisons, courthouses, nuclear power plants, polling places, churches, government buildings with law-enforcement-run security screen, and state owned mental health facilities). They only may be carried everywhere else by people who have weapons carry licenses, people who are eligible for weapons carry licenses, and people with a carry license issued by another state.
There are no restrictions on blade mechanisms (like switchblades). Carrying a “knife” in an unauthorized location (i.e., in one of the places listed herein) is a misdemeanor for the first offense and a felony for the second offense in five years. The first offense results in revocation of a weapons carry license or eligibility for one for three years.
Cities and counties are prohibited from regulating the carry of blades of any length, except for their own employees at work. No prosecutions for any such regulations are allowed.
Cole B. Combs
Cole Combs Law Firm PLLC
5600 Bell St., Ste. 105, #298 Amarillo, TX 79109
806-318-8899
In your area, what laws apply to carrying a knife?
Not many anymore. Back in 2017 (with a law effective as of 01 SEP 2017) the legislature made “illegal” knives no longer a thing. There is now such thing as a “location-restricted knife” which is simply any knife with a blade over 51/2 inches. There’re two separate times when carrying a location-restricted knife might be illegal:
The first is if the person is less than 18 years old and carrying a location-restricted knife, unless:
Texas Penal Code 46.02(a-4)
A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a location-restricted knife;
(2) is younger than 18 years of age at the time of the offense; and
(3) is not:
(A) on the person’s own premises or premises under the person’s control;
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control; or
(C) under the direct supervision of a parent or legal guardian of the person.
The second illegal act related to carrying a location-restricted knife is if someone is carrying one at the same as places where carrying firearms are prohibited:
Texas Penal Code Sec. 46.03(a)
(1) on the premises of a school or postsecondary educational institution, on any grounds or building owned by and under the control of a school or postsecondary educational institution and on which an activity sponsored by the school or institution is being conducted, or in a passenger transportation vehicle of a school or postsecondary educational institution, whether the school or postsecondary educational institution is public or private, unless:
(A) pursuant to written regulations or written authorization of the school or institution; or
(B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of a postsecondary educational institution, on any grounds or building owned by and under the control of the institution and on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport;
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited;
(7) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(8) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a) is used in the event;
(9) on the premises of a correctional facility;
(10) on the premises of a civil commitment facility;
(11) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the person has written authorization of the hospital or nursing facility administration, as appropriate;
(12) on the premises of a mental hospital, as defined by Section 571.003, Health and Safety Code, unless the person has written authorization of the mental hospital administration;
(13) in an amusement park; or
(14) in the room or rooms where a meeting of a governmental entity is held, if the meeting is an open meeting subject to Chapter 551, Government Code, and if the entity provided notice as required by that chapter.
There are various exceptions for employees of these places, cops, etc. But the big thing to be aware of is that 46.02(a-4) and 46.03(a) generally are only a Class C misdemeanor (no jail, max of $500 fine) UNLESS it’s a violation of 46.03(a)(1), then it’s a 3rd Degree Felony (2-10 years prison and max $10,000 fine). That’s in Texas Penal Code Sec. 46.03(g-1), so don’t take your Bowie knife or sword to school.
If one inadvertently violated a municipal regulation prohibiting blade length, automatic opening mechanisms, or other knife features, how damaging would the violation be to an overall claim of self defense?
This is really two questions in Texas:
As to the first, no such thing in Texas. There’s only the state penal code that preempts any such local regulation.
The second question is “How damaging would a violation of 46.02(a-4) or 46.03(a) be?” And it could be very damaging. It depends first on whether the prosecutor even notices and charges the violation separately, or objects to a standard self-defense jury charge under Tex. Pen. Code Chap. 9. If yes to either or both then there’s some burden of proof shifting that happens. The general rule is that once self defense is raised by evidence the state has the burden, just like on the charged offense, of convincing the jury that self defense is not applicable. But in Tex. Pen. Code Sec. 9.31(a)(3), a person can’t be otherwise engaged in criminal activity, other than a Class C misdemeanor that is a traffic violation, at the time force is used. So if you’re carrying a location-restricted knife in violation of Sections 46.02 or 46.03 you might lose your ability to raise self defense regardless of other circumstances.
If one is found in possession of an illegal knife, what is the punishment and does it affect one’s carry permit or right to possess firearms?
In general, a violation of the above is only a ticket, so not at all. But of course a 46.03(a)(1) violation could leave someone with a felony conviction and all the attendant collateral consequences.
Jerold E. Levine
Law Offices of Jerold E. Levine
5 Sunrise Plaza Ste 201, Valley Stream, NY 11580
212-482-8830
https://www.thegunlawyer.net/
In New York, what laws apply to carrying a knife?
New York as a State prohibits the possession of almost anything dangerous, including a “dangerous knife,” for which there is no firm definition. The law presumes, as a necessary element of the crime, that the possessor has the “intent to use the same unlawfully against another.” Thus, if the defendant can demonstrate that their possession was not intended for unlawful use, they should be found not guilty. However, since few defendants can afford a trial, usually they plead to the misdemeanor crime, or to a lesser offense.
In New York City, the Administrative Code also makes it illegal “to carry...or... possess...in any public place...any knife which has a blade length of 4 inches or more,” or, “to wear outside of...clothing or carry in open view any knife with an exposed or unexposed blade unless...actually using such knife for a lawful purpose as set forth in...this section.” Lawful purposes are limited mostly to government workers performing their duties, though there are some additional non-governmental exceptions, the most useful of which is that the knife is “being used for or transported immediately to or from a place where it is used for hunting, fishing, camping, hiking, picnicking or any employment, trade or occupation customarily requiring the use of such knife.”
Under State law possession of automatic knives of any kind, except for use by certain government personnel, or in some limited instances use by disabled persons, is prohibited.
If one inadvertently violates a municipal regulation prohibiting blade length, automatic opening mechanisms, or other knife features, how damaging would the violation be to an overall claim of self defense?
This is a purely fact-specific question, and there is no general answer. Example 1: Teenager is a gang member who defends himself from attack by another gang, and uses his switchblade knife in self defense. Example 2: Little old lady is attacked in her home, and grabs her grandson’s switchblade from his dresser drawer to use in her defense. Different facts, different impression upon the District Attorney, different impression upon the jury.
If one possesses an illegal knife, what is the punishment and does it affect one’s carry permit or right to possess firearms?
Violation of the State law is a misdemeanor, but can rise to a felony if there are other criminal circumstances present (e.g., use in another crime). Violation of the New York City Administrative Code is a misdemeanor.
Violations of the law absolutely can affect the status of a pistol license in New York, whether a license to posses at a premises, or a carry license. The license will be suspended or revoked upon the local Licensing Officer being notified of the arrest through the State notification system (the licensee also has an independent obligation to inform the Licensing Officer of the arrest). Administrative procedures then will follow to determine whether the pistol license will be continued, suspended or revoked. Failure of the licensee to independently notify the Licensing Officer of the arrest almost always will become an additional factor considered against the licensee.
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Thank you, affiliated attorneys, for sharing your experience and knowledge. Members may also wish to refer to the American Knife and Tool Institute's knife laws by state resource at https://www.akti.org/state-knife-laws/ . Next month, please return next month when we have a new question for discussion by our affiliated attorneys.