Legality of Automatic Knives

[WilliamIam]

Nice to have a Law Enforcement Officer's input. I think that's a commonly shared opinion.

Even if an officer you encounter is ignorant of the law, whether or not the knife seems suspicious or illegal to them is going to determine whether or not it's a hassle for you.

[FiveOhNine]

I've no interesting in carrying, certainly not in a concealed manner....but I would like a button or one-finger operated, high quality knife for yard work, and workshop stuff. I wonder whether there are specifically different laws for home possession vs carry vs concealed carry?

[nff]

i dont like switches their heavy bulky and have more parts to go wrong with. and some can be hard to hold onto and have a tendency to jump out of the hand while opening. oh and did i mention slow? a fixed or a wave'd knife is much faster than a switch.

i cant speak on the laws since i dont even live in your country. but switches are illegal here but assisted are allowed i Cary a spyderco endura with the ziptye mod and when your practised up with it you'd be hard pressed to find a faster deployment method. the only faster i can think is kydex croshand draw.

[BlakeW5]

Definitely check your local laws. Get ready, because knife laws can be kind of confusing and vague.

I know in Kentucky they're legal to own. You can't "conceal" them unless you have a CCW permit though. We can practically carry whatever we want with a CCW around here.

I've owned a few, and honestly they're not better than any other quality pocket knife.

Forget asking the cops too, they don't know. I actually had a cop ask about mine once. He looked at it, saw it was automatic, then gave me a speech about how they were illegal and he could arrest me. I just told him they weren't (illegal) and he couldn't arrest me. He said "Oh" and dropped the subject

[RockyNomad]

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.

Did you really just say it is not a cop's training to know the law? Hmmm, I must be the exception because I do know the laws in my jurisdiction. Especially since I'm expected to enforce them and am expected not to make an unlawfull arrest. I sure wouldn't want to have contact by a cop in North Carolina since they apparently aren't versed in the law. They must not be LAW ENFORCEMENT officers in that state.

[Alacrity59]

It seems where I am is typical of what has been discussed here. There seems a bit of a grey area when it comes to some of the new "assisted" models of knife that do not involve springs. For knives and cutters in general things come down to "Why are you carrying this?" "For protection" is not considered a valid reason.

I was cleaning my garage and cutting up boxes.
I was trimming roses.
I was cutting rope to tie my dead mother in law to the roof of my car to take her to the dump.
I'm returning home from fishing

All valid reasons.

(give or take)

I always have a knife with me. Usually a swiss army knife of some type. Sometimes on a hike I take a hunting knife as well.

[plexibass]

Here is a link for you:
http://knife-expert.com/va.txt

http://pweb.netcom.com/~brlevine/sta-law.htm#S-W

[tootall1121]

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).

A knife that opens from the side under spring power is a switchblade, a STILETTO slides out the end. Stilletto's are illegal almost everywhere, while the exact wording of the laws makes one scratch their head over whether or not switchblades are legal or not. Basically, if it's in your pocket, no problem. If you should have to use it for some defensive purpose, it belonged to the perp, you just took it away from them ... or something to that effect. A gun is often legal to carry, but use it, then the problems arise.

[rajagra]

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

That's literally true in the UK. To quote our Crown Prosecution Service:

The term 'offensive weapon' is defined as: "any article made or adapted for use to causing injury to the person, or intended by the person having it with him for such use".
The courts have been reluctant to find many weapons as falling within the first limb of the definition and reliance should usually be placed upon the second. On that basis, it must be shown that the defendant intended to use the article for causing injury

In other words, ANY object carried for self-defence can be treated as an offensive weapon, and you can get sent to prison just for carrying it.
(Intending to use an item for self-defence obviously implies intent to use it for causing injury - if you need to.)

I do know the laws in my jurisdiction. Especially since I'm expected to enforce them and am expected not to make an unlawfull arrest.

Might it be fair to say a cop has good working knowledge of the law, rather than being able to recite every law verbatim. The trouble with laws is that there are lots of them, and they are written in legalese. I doubt anyone can memorise them all. I might ask a cop for advice on a law (and specifically how police apply them), but wouldn't rely on that advice as a definitive reference.

[blary54]

Switchblades are illegal where I live...I think its stupid I can carry a concealed handgun around but I cant carry my little automatic knife(I have CCW permit). I bought a nice Benchmade automatic knife when I was in Wyoming. Shame I cant use it... The thing that sucks the most is my benchmade broke. Think the spring malfunctioned and I cant send it in to get fixed because its illegal. So I have a broken $200+ dollar knife that cant get fixed.

[Acmemfg]

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.

Probably the most cogent statement I have heard all year. So many people find themselves in a s**t situation because some generic police officer gave them less-than-great advice which (for that officer) may be valid, but not for others. If you MUST seek a legal opinion on such matters, you will be well advised to contact your local prosecutor's (District Attorney/State Attorney) office for advice.

Now in Florida, State law CLEARLY says an automatic knife is totally legal to carry. From the local paper a couple months ago:


Legislation clears up switchblade confusion

Knives were lumped with banned weapons

By John A. Torres
FLORIDA TODAY

Switchblades are legal in Florida -- again.

Actually, they never were illegal despite a few hazy interpretations by some Florida judges regarding a 1985 law banning projectile and self-propelled blades. Some judges began grouping switchblades into that category, leaving law enforcement, knife dealers and lawmakers in the dark.
Steven Waschka of Melbourne, owner of Cutlery & Gifts in Melbourne Square mall, holds automatic-opening knives. Florida legislators recently clarified a 1985 law, saying switchblades and other knives that opened with a button were legal in the state. Image copyright © 2003 Craig Rubadoux, FLORIDA TODAY

So, new legislation was written to clear things up. The measure passed unanimously.

"In the late 1990s, there was a big issue dealing with projectile knives," said Rep. Mitch Needelman, R-Melbourne, a former law enforcement agent. "We had passed a law, but in some parts of the state, judges were including knives that opened with a button. It became a mix-up."

That "mix-up" was costly for some businesses.

Mary Waschka, co-owner of Cutlery and Gifts in Melbourne, said she was pleased to hear it was OK sell the knives once more.

"We immediately took them off the shelves when we were notified," Waschka said, adding companies were understanding in taking back some of the stock. "It was a hard void for us to fill," she said, noting the popularity of the knives.

Washka said local police informed her of the recent legislation.

Knife maker John Durham from Merritt Island said the law change gives local craftsmen another product to peddle.

"I've never made a switchblade because I wasn't sure if it was legal," Durham said. "I make a quick-opening knife called a liner-lock that can open almost as fast as a switchblade."

Self-propelled knives are weapons in which the blade actually separates from the rest of the knife and goes flying -- up to 35 feet.

"Those are some terrible knives," Needelman said. "The law now is much clearer for the courts and the public."

[KW Driver]

Switchblades are illegal where I live...I think its stupid I can carry a concealed handgun around but I cant carry my little automatic knife(I have CCW permit). I bought a nice Benchmade automatic knife when I was in Wyoming. Shame I cant use it... The thing that sucks the most is my benchmade broke. Think the spring malfunctioned and I cant send it in to get fixed because its illegal. So I have a broken $200+ dollar knife that cant get fixed.

or you could find yourself a sympathetic cop or active duty military member who's already registered with Benchmade to purchase or service their autos, and have them send it in for you. of course, my statement or those actions would probably be illegal, so please, don't do it.

[blary54]

or you could find yourself a sympathetic cop or active duty military member who's already registered with Benchmade to purchase or service their autos, and have them send it in for you. of course, my statement or those actions would probably be illegal, so please, don't do it.

Good idea. Actually my buddy that was playing with it when it broke is a cop...I should make him send it in.

[KW Driver]

sounds like you have your answer there.

[Acmemfg]

You can go through a Benchmade Dealer for service returns. They will do the repair and send it to an authorized dealer of your choice.

[KW Driver]

You can go through a Benchmade Dealer for service returns. They will do the repair and send it to an authorized dealer of your choice.

you can also go online, fill out the work order slip, mail it directly to Benchmade, and have it sent directly back to your house. for an auto, you simply have to send in a form (and ID possibly) or certify on the work order that you're a LEO/MIL. I've sent two back for work, but not my auto.


per your quote, I'm not sure if you're talking about autos specifically to work around the LEO/MIL exemption, or all benchmades in general.

[zethreal]

I don't know about your state/locale, but most everywhere it is illegal to have a knife where you can open it by pushing a button *on the handle/grip*. If it is a true push-button, then yes, most likely it is illegal. I have several 'assisted opening' knives that actually require pressure, albeit very slight, on the blade. There is a small, exposed part of the blade that sticks out the back. I push that a small amount & the spring takes over and opens the blade. These types are legal almost everywhere ( I know that they are illegal in the 5 boroughs of NYC ). The funny thing is that most assisted opening knives can open just as fast as a switchblade.

[GuitarGuy]

TX - From my research... Speed Assist OK; Button-open NO; Gravity NO; Stiletto NO; Butterfly NO.

[Acmemfg]

Move to Florida. Carry anything you like for the most part