What is a Knife as Defined by Michigan Law
Legal definitions of knives in Michigan differ from one type of knife to another. The distinctions reflect varying concerns about the safety, use and potential for abuse – and what the law enforcement and judicial system are willing to overlook based on those considerations.
The general term "switchblade" is a legal term with a specific definition in Michigan. A switchblade means:
The phrase "switchblade knife" is defined as a folding knife containing a blade which folds, or in the alternative, slips back into the handle or sheath of the knife. The lock and release mechanism comes into play once again with the difference being that a switchblade can open with a free falling motion.
A prohibited knife is any weapon, all knives previously mentioned, dagger, dirk, or stiletto having a blade over 3 inches long. This definition also excludes "any knife possessed for use as a stabbing weapon only and not for utility purposes." Here the issue is whether the knife is a weapon or tool for utility.
As mentioned elsewhere , the issue whether a knife is a prohibited knife is likely to be one for the courts. Using the knife will have significant impact on whether it is treated as a weapon or tool. The phrase "utility purposes" is not defined within Michigan law and may also be left to the court system. In general, a knife is more likely to be characterized as a utility knife if it’s used for routine, everyday activities. A knife might be considered a tool for non-routine activities, such as break-in, ambush or other confrontational situation.
Finally, you have the question of what constitutes a "stabbing weapon only." The connection between the word "only" and other words "stabbing" and "weapon" is certainly not random.
For example, a pocketknife, when used as a tool (as opposed to a weapon) is going to be viewed as an innocent use of a knife. A knife that’s designed to be concealed in clothing, camouflaged to avoid detection and with no practical use – other than as a stabbing weapon – is going to be treated as a crime against public safety.
Carrying Knives in Michigan Law
Currently, knife carry laws in Michigan are determined by State law. An automatic knife or "switchblade" is defined as a knife that has a blade which opens automatically with the simple push of a button or other device in the handle. Today, automatic knives are available in push-button, slide, and lever styles of opening.
People commonly think that automatic knives are illegal in Michigan because of the State’s ban on switchblades. However, the State ban only prohibits the possession of automatic knives — it does not regulate the carry or sale of automatic knives in the State of Michigan. MCL 750.222 is the relevant statute, and provides:
A person shall not carry a dagger, dirk, stiletto, or knife that has a blade over 3 inches long on his or her person, except as otherwise provided in this section.
MCL 750.226a also provides similar prohibitions on blades longer than 3 inches. The punishment for a violation of these statutes is a misdemeanor, punishable by up to 90 days in jail and/or a $500 fine.
Some cities also have their own ordinances related to dagger and switchblade knife possession. For example, the Detroit Municipal Ordinance states:
Sec. 38-2-21 – Dagger, dirk, or stiletto defined.
For purposes of this section, the term dagger, dirk or stiletto means a knife, including a "dirk," "dagger," or "stiletto," that is carried in the concealed manner described in section 5-2-91 of our Code of General Ordinances.
Sec. 38-2-22 – Carrying concealed weapon; dagger, dirk, or stiletto.
A No person shall carry concealed a dagger, dirk, knife, or stiletto (more than 3 inches in length) on or about his person except as provided by law.
What Knives are Legal to Carry in Michigan
While the definition of a knife can cover a wide variety of blades, specifically defined knives that are legal to carry in Michigan are as follows:
Dirks and daggers. A dirk or dagger is a stabbing blade with a double-edged and pointed blade and may have decorative handguards. You may carry a dirk or dagger concealed on your person, provided you have a license to carry a concealed pistol. Michigan law considers these to be weapons legally carried concealed on your person. There are no length restrictions for either dirks or daggers to be carried concealed, though certain counties or cities do have local laws governing their use outside the home and concealed version would not be considered a "legal consumer product."
Stiletto. A stiletto is a dagger with a narrow blade primarily used for stabbing, but with a pen-like design that is more easily concealed. Concealed carry of a stiletto is allowed as long as it follows the same guidelines as dirks and daggers, such as the lack of blade length restrictions, concealment, and license to carry a concealed pistol. However, stiletto’s can also be used in a switchblade form. Under the 1931 Public Act 372, switchblades or automatic knives are illegal to carry concealed or openly among civilians in Michigan. Cases where the complaints are overwhelmingly emotional about how a knife was used tend to be the times when these laws are reinforced, with the Congressional Research Library stating that practices surrounding the possession, carry, and use of so-called automatic knives vary from state to state, and Michigan has one of the most restrictive regulations in the nation.
Machetes, other types of utility type knives, and throwing knives. Blades and knives of the fixed or folding type that can be used manually without a switch are generally legal to carry concealed or otherwise in Michigan. This includes any type of utility knife with a folding blade such as box cutters, machetes, and throwing knives, but does have some exceptions such as the large size of machetes that would not permit it to be carried concealed without a license to carry a concealed pistol. Knives that are used as tools can be exempt from individual city or county ordinances that restrict the number of knives possessed or carried, unless otherwise specified under statute.
Concealment of Knives vs. Open Carry
Concealed And Open Carry Of Knives
As a general rule, knives may be open carried in Michigan without issue. Though they are technically weapons, for the purposes of Michigan’s concealed carry laws they are not "dangerous or deadly weapons." However, concealed carry of certain knives is regulated under Michigan law (339.1801). The reason for this is that the law applies to "any knife having a blade over 3 inches in length.." So, though automatic opening knives with blades less than three inches are not covered by the statute, switchblades, dirks and daggers with blades of any length are regulated.
Concealed carry of daggers and dirks is a 4th degree felony in Michigan (Pen. 750.226(2)). Though a 4th degree felony is defined as one which carries a maximum possible sentence of two years in prison (Pen. 777.16(d)), in supervising the offense the Michigan Sentencing Guidelines indicate imprisonment categories of between 0-11 months, and fines between $1,000-$2,000 (Scoring Manual p. 53). This means that an offense may be considered a felony, but may actually be prosecuted as a misdemeanor carrying a maximum sentence of 11 months in jail, and upon conviction may carry a sentence of probation.
Perhaps the most common situation in which an individual might unlawfully carry a concealed knife is with a "Balisong". These knives consist of a blade attached to two handles which, when closed, encompass the blade. Before the statute was amended, these fell under the heading of "other dangerous weapons," and were summarized as prohibited regardless of whether they had a folding blade. However, the amendment added "any knife having a blade over 3 inches in length" to the statute, and listed "other dangerous weapons" separately from "dirk, daggers, stiletto knives and other dangerous knives" bringing into question the section of the statute which originally prohibited even folding knives, and contemplating a potential exception for folding knives.
Exceptions/Unusual Circumstances
In Michigan, a good example of an exception in the law is Michigan Clause 750.226a. This clause has two circumstances under which a knife, originally intended to be carried as a defense weapon, can be used without you breaking the law. The first circumstance is that the blade of the knife must be less than 3 inches long and that it must not be a belt buckle knife. The second circumstance is that if it is an item made to look like a knife but is really a hidden weapon, it cannot have a blade exceeding 1.5 inches long. A good example of this item is a comb knife, which is a comb that is a concealed knife at the end. These exceptions apply only to knives with blades measuring less than three inches. But if your knife blade interprets as being more than 3 inches long and does not qualify for the exception , you could be guilty of a felony weapons charge.
As for knife carrying exceptions dependent on profession or activity, there are several you should know. If you’re a member of law enforcement while on duty, you can carry weapons otherwise illegal under Section 750.227. This section also makes an exception for veterans and active members of the armed services and police agencies. Hunting or fishing is another exemption. Under Michigan law, if you carry a knife while hunting or fishing, the subsequent penalties may be reduced to a misdemeanor. However, since the laws are subject to various interpretations, it’s a good idea to check their meaning with an attorney before your next trip to the woods.
What is the Penalty for Illegal Knife Carrying?
When you think of prohibited knives in Michigan, you probably think about switchblades, or butterfly knives. However, there are a number of other knives that have been prohibited under law in the state of Michigan. Under MCL 750.226, it is prohibited to carry around the following knives: To be clear, to carry on your person any of the items listed above outside of your home is in violation of the law as it is written, so you should exercise caution when carrying any type of knife(s) in Michigan.
Punishments for Misdemeanors A violation of MCL 750.226 is a misdemeanor, punishable by up to 90 days in jail, a $100 fine, or both. Fortunately, however, first time offenders tend to get less severe treatment from prosecutors. If you have been caught with an illegal knife, it is possible that you can get out of a misdemeanor charge if it is your first offense.
Punishments for Felonies If you violate MCL 750.226 and have a previous misdemeanor conviction, or if your case does not have any mitigating factors, you may be charged with a felony. A conviction may result in you serving up to five years in prison, and the judge may impose community service as well as probation.
History of Knife Laws in Michigan
Understanding Michigan’s Knife Carry Laws: What You Need to Know
Since the enactment of the concealed pistol licensing (CPL) statute, much attention has been paid to knives as sidearms. Even as the nation rises on a wave of knife violence, Michigan lawmakers have yet to reexamine the knife laws and strike the knife carry provisions that remain untethered from the reality of modern life. They have thus failed to update the antiquated knife laws that continue to trip up unknowing travelers. The knife carry prohibitions are so hopelessly tangled with pepper spray, blades, automatic knives, daggers, swords and ninja stars that even some of the older cops don’t know the modern limits to these prohibitions.
There is probably no other state in the Union that has witnessed as many changes to its knife laws over the last 30 years. Few knife laws in other states have changed as many times or changed as widely in a relatively short time. Over the years, changes were made to Chapter 46 of the Penal Code, known as the "Deadly Weapons" Act. In 1927, Act No. 372 established the illegal sale, use and possession of "dirk knives, daggers, razors," and "other dangerous weapons." In 1931, Act No. 328 repealed and replaced this act and included "brass knuckles, blowpipes, blackjacks, knives, daggers, razors … deadly weapons." This law was replaced in 1935 by Act No. 328 of 1935 which removed any ban on items based on their general shape or design and added a store counter exemption for pas d’armes. Under this law, pepper spray, switchblade knives and double-edged throwing knives were all still illegal after sale but the backroom/under the counter trade and transport of decorative versions of such knives was legal. Cody knives, razor blades, potato mashers, Revolutionary War-style pikes, shuriken and bayonets were illegal at any time. In 1958, Act No. 151 of 1958 allowed the purchase or possession of some knives but limited the carry of daggers, twin blade knives or knives having two cutting edges. Except for a few minor refinements, this law lasts to this day.
Michigan Legal Consultation
The best way to obtain the necessary legal advice is through speaking with an attorney, either in person for a consultation or over the phone. Legal advice is not the same as legal information; as a professional legal blogger I appreciate the distinction-legal information is precisely that, information about the law without any particular citation or reference to any facts of your past, present, or future situation. The interpretation of the law is a nuanced process that can only be done with reference to past and present cases given specific circumstances, and you should be speaking with a licensed attorney and not an anonymous Internet blog for your legal advice.
Attorney recommendations from attorney.org: Knife attorney recommendations can be found in the Knife Rights blog post and on knifeattorney . org. Knife-related crimes are not usually treated as serious crimes in Michigan-if you have been charged with a knife crime, there are several alternatives where you may find the attention of skilled counsel.
Knife Rights resources: Knife Rights has published information about their 50 state campaign as well as Knife Law pages regarding knife laws as they become adopted by the various states. Their mission is to seek freedoms for knife owners through legislation. Knife Rights is a non-profit organization that seeks to safeguard the knife owners and collectors and introduce exemptions for existing criminal laws that prohibit some knife types in some jurisdictions. They promote knife law reform based on factual evidence and factual reports by voters as well as legislators.