Quick Reference Guide to International Switchblade Laws

Australia

In Australia, switchblades are banned by the Customs (Prohibited Imports) Regulations as a Prohibited Import.

At a state level, most jurisdictions declare them to be prohibited weapons in their respective acts, codes and regulations. Persons residing in states which do not have specific weapons legislation covering switchblades (eg, Tasmania) are still covered by Federal Customs legislation, but in circumstances where the state has no legislation against such items, an exemption may be applied for, after approval by the Head of the Police service in that state.

Some states which have specific legislation against switchblades allow individuals to apply for an exemption from this legislation if they have a legitimate reason. For Example, in the state of Victoria, a member of a bona fide knife collectors association, who is not a prohibited person (per the Firearms Act 1996), and meets other guidelines and conditions may apply to the Chief Commissioner of Police for a Prohibited Weapons Exemption, to possess, carry, or otherwise own such a knife.

This exemption may then, in turn, be used to apply to the Australian Customs Service for an import permit.

Canada

Switchblades are not legal to sell, buy, trade, carry or otherwise possess. Part III of the criminal code first defines such knives as prohibited weapons (arme prohibee). "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." Different subsections of the code describe possession offenses and penalties. They are however, criminalized.

Germany

Most switchblades are illegal to own, import or export. However, if the blade is side-opening, a maximum of 8.5 cm long, the breadth is a minimum of 20% of length, and is not double-edged, they are legal.

New Zealand

The Customs Import Prohibition Order 2002 prohibits the importation of "any knife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in or attached to the handle of the knife (sometimes known as a “flick-knife” or “flick gun”)". The Summary Offenses Act 1981 and the Crimes Act 1961 section 202A(4)(a) make it an offense to possess any weapon in a public place without reasonable excuse.

United Kingdom

The "manufacture, import, sale or hire, or offer of sale or hire, or lending or giving to any other person" of switchblades in the UK is illegal under the Restriction of Offensive Weapons Act 1959. Technically it is not illegal to possess such a knife as long as it is held within the home, although the knife would have to be pre-1959 vintage or its sale would have been illegal.

Later legislation (under the authority of the Criminal Justice Act 1988 adds similar restrictions for a wider range of other knives and weapons. In Scotland the details differ, but the overall effect is similar.

United States of America

Federal law

The Switchblade Act, (public law 85-623, enacted on August 12, 1958, and codified in 15 USC 1241-1245), prohibits possession on Federal lands, Indian reservations, military bases, District of Columbia, Puerto Rico and other protectorates. It prohibits manufacture and sale of switchblades in interstate commerce. It provides exceptions for manufacture pursuant to government contract, and use by Law enforcement, government agencies, members of the Armed Forces, and for one-armed persons. The act was amended in 1986 to also restrict ballistic knives. 18 USC 1716 further restricts sending switchblade knives through the United States Postal Service, with a few exceptions. Federal law does not mandate prohibition within an individual state.

State laws

Each individual state (and sometimes individual counties, cities, and towns) may, and often do, have laws restricting weapons including knives, often specifically mentioning switchblades. Laws often refer to blade lengths and styles to define tools with useful purposes. The definition of a legal knife is often taken in context with the situation. Some states allow police officers to declare any object, screwdriver or broken bottle as an offensive weapon. These state laws differ greatly[1]. Switchblade knives are legal in some U.S. States in one way or another for citizens. Switchblade knives are legal in all U.S. states for Military personnel and other qualified individuals.

Example,

in California:

    653k. Every person who possesses in the passenger's or driver's area of any motor vehicle in any public place or place open to the public, carries upon his or her person, and every person who sells, offers for sale, exposes for sale, loans, transfers, or gives to any other person a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor. For the purposes of this section, "switchblade knife" means a knife having the appearance of a pocketknife, and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever. "Switchblade knife" does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position. For purposes of this section, "passenger's or driver's area" means that part of a motor vehicle which is designed to carry the driver and passengers, including any interior compartment or space therein.

Connecticut law states that:

    § 53-206. Carrying of dangerous weapons prohibited.
    (a) Any person who carries upon one's person any BB. gun, blackjack, metal or brass knuckles, or any dirk knife, or any switch knife, or any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, or stiletto, or any knife the edged portion of the blade of which is four inches or over in length, any police baton or nightstick, or any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument, shall be fined not more than five hundred dollars or imprisoned not more than three years or both. Whenever any person is found guilty of a violation of this section, any weapon or other instrument within the provisions of this section, found upon the body of such person, shall be forfeited to the municipality wherein such person was apprehended, notwithstanding any failure of the judgment of conviction to expressly impose such forfeiture

In 2003, Florida Governor Jeb Bush overturned a questionable law stating "No one shall carry a self propelled knife". The law was cleared up to allow Florida residents to use so called switchblade knives. (Portion of 790.225, F.S)

The American Knife and Tool Institute ( AKTI ), is addressing the inequities of regional law, by refining a glossary of knife terms including switchblades, stilettos, Bowies and gravity knives. The definitions are cultured from court rulings and first hand knowledge by collectors. The AKTI hopes the use of this glossary will achieve standardized common terms for knife types or measuring points among legal officers and and collectors, leading to sensible knife legislation and law enforcement, with considerations to the knife makers and collectors in America today.

U.S. state laws regarding possession, concealed and non-concealed carry

State     Possession     Carry
Alabama     Legal - State Code: Title 13A Criminal Code     Legal Allowed if not concealed - State Code: Section 13A-11-50

Alaska     Illegal - State Code: Article 2, Section 11.61.200     Illegal- State Code: Article 2, Section 11.61.200

Arizona     Legal - State Code: Arizona Criminal Code 13-3102     Legal - State Code: 13-3102 A-1

Arkansas     Legal - State Code: 5-73-121     Legal Allowed if not concealed & blade is under 3.5 inches - State Code: 5-73-121

California     Legal - State Code: California Penal Code 653k     Legal Allowed if blade is under 2 inches. State Code: 653k

Colorado     Illegal - State Code: Criminal Code Section 18-12-101     Illegal- State Code: Criminal Code Section 18-12-101

Connecticut     Legal - State Code: Sec. 53-206''     Illegal if blade is over 1.5 inches - State Code: Sec. 53-206

Delaware     Illegal - State Code: Crimes & Criminal Procedure - Chapter 11 Section 222     Illegal - State Code: Chapter 11 Section 222

Florida     Legal - State Code: 790.001     Legal - State Code: 790.001

Georgia     Legal - State Code: 16-11-126     Legal - State Code: 16-11-126

Hawaii     Illegal - State Code: §134-51     Illegal - State Code: §134-51

Idaho     Legal - State Code: 18-3302     Legal Allowed - Illegal if intoxicated or exhibit any deadly or dangerous weapon in a rude, angry or threatening manner - State Code: 18-3302

Illinois     Legal - State Code: Criminal Code 720 ILCS 5/24-1     Illegal - State Code:720 ILCS 5/24-1

Indiana     Illegal - State Code: IC 35-47-5-2 Sec.2.(2)     Illegal - State Code: IC 35-47-5-2 Sec.2.(2)

Iowa     Legal - State Code: Crime Control and Criminal Acts - Definitions. 702.7     Legal if not concealed - State Code: 724.4

Kansas     Illegal - State Code: Article 42. Crimes Against the Public Safety Weapons Control. Section 21-4201     Illegal - State Code: Section 21-4201

Kentucky     Legal - State Code: 500.080 Definitions for Kentucky Penal Code     Legal concealed carry allowed with "concealed deadly weapons permit" State Code: 527.020

Louisiana     Illegal - State Code: Louisiana - R.S. 14:95     Illegal - State Code: Louisiana - R.S. 14:95

Maine     Illegal - State Code: Maine - Chapter. 43 17-A Section 1055     Illegal - State Code: Maine - Chapter. 43 17-A Section 1055

Maryland     Illegal - State Code:§ 4-105     Illegal State Code: § 4-101 (a).(5).(ii).2

Massachusetts     Illegal - State Code: GENERAL LAWS PART IV. TITLE I. Chapter 269: Section 10     Illegal - State Code: GENERAL LAWS PART IV. TITLE I. Chapter 269: Section 10

Michigan     Illegal - State Code: 750.226a.     Illegal - State Code: 750.226a.

Minnesota     Illegal, but exception made for collectors and/or possession as curios or antiques. - State Code: Section 609.66 Subdivision 1     Illegal - State Code: Section 609.66 Subdivision 1

Mississippi     Legal - State Code: Crimes Section § 97-37-1     Allowed if not concealed or intoxicated - State Code: Crimes Section § 97-37-1

Missouri     Illegal, but exception made for collectors and/or possession as curios or antiques. - State Code: Chapter 571, Weapons Offenses 571.020.1.(7)     Illegal - State Code: Chapter 571, Weapons Offenses 571.020.1.(7)

Montana     Illegal, but exception made for collectors and/or possession as curios or antiques. - State Code: 45-8-331     Illegal - State Code: 45-8-331

Nebraska     Legal - State Code: Crimes and Punishments. 28-1201     Legal Allowed if not concealed - State Code: Crimes and Punishments. 28-1201

Nevada     Allowed with permit - State Code: NRS 202.355     Illegal - State Code: NRS 202.355

New Hampshire     Illegal - State Code: 159:16     Illegal - State Code: 159:16

New Jersey     Illegal - State Code: Code of Criminal Justice - 2C:39-3     Illegal - State Code: Code of Criminal Justice- 2C:39-3e]

New Mexico     Illegal - State Code: Criminal Offenses - 30-1-12     Illegal - State Code: Criminal Offenses - 30-1-12

New York     Illegal - State Code: Penal Law Section 265.01     Illegal - State Code: Penal Law Section 265.01

North Carolina     Legal - State Code: 14-269"     Legal Allowed if not concealed - State Code: 14-269"

North Dakota     Legal - State Code: Criminal Code - Weapons - 62.1-04-02     Legal Allowed if not concealed - State Code: Criminal Code - Weapons - 62.1-04-02

Ohio     Legal (purchases only allowed through online retailers)- State Code: § 2923.12     Illegal - State Code: § 2923.12

Oklahoma     Legal - State Code: §21-1272.     Illegal - State Code: §21-1272.

Oregon     Legal - State Code: 166.240     Legal Allowed if not concealed - State Code: 166.240

Pennsylvania     Illegal, but exception made for collectors and/or possession as curios. - State Code: Pa. C.S.A. 18.908     Illegal - State Code: Pa. C.S.A. 18.908

Rhode Island     Legal - State Code: 11-47-42     Legal - State Code: 11-47-42

South Carolina     Legal - State Code: 16-23-460     Illegal - State Code: 16-23-460

South Dakota     Legal - State Code: 22-14-19     Legal - State Code: 22-14-19

Tennessee     Illegal, exception made for collectors and/or possession as curios or antiques - State Code: 39-17-1302 (c) (1)     Illegal - State Code: 39-17-1302

Texas     Illegal, but exception made for collectors and/or possession as curios or antiques - State Code: Health, Safety & Morals - 46.02     Illegal - State Code: Health, Safety & Morals - 46.02

Utah     Legal - State Code: Offenses Against Public Health and Safety - 76-10-504     Legal Allowed if not concealed; concealed carry allowed with permit or license - State Code: Offenses Against Public Health and Safety - 76-10-504

Vermont     Illegal - State Code: Ch. 85 Weapons - T.13-4003     Illegal - State Code: Ch. 85 Weapons - T.13-4003

Virginia     Legal(purchases only allowed through online retailers) - State Code: 18.2-308     Illegal- State Code: 18.2-308

Washington     Illegal - State Code: RCW 9.41.250     Illegal - State Code: RCW 9.41.250

West Virginia     Legal - State Code: §61-7-2     Legal Allowed if not concealed; concealed carry allowed with permit or license - State Code: §61-7-2

Wisconsin     Illegal - State Code: 941.24     Illegal - State Code: 941.24

Wyoming     Legal -State Code: Statutes 6-8-104     Legal Allowed if not concealed -State Code: Statutes 6-8-104