All about the Michigan knife laws
Michigan law regulates the use and carrying of a wide variety of knives, particularly those that are considered to be knives commonly used as weapons. The criminal law on this topic can be broken into several categories; however, as a general rule, there is no license or registration scheme similar to firearm ownership, and knives are not in and of themselves illegal to possess or carry. It is the use of knives that may be illegal or regulated.
All knives in Michigan are considered to be illegal dangerous weapons under Mich. Comp. Laws § 750.226a if possessed with the intent to use them: "to inflict serious injury or death upon the person of another." As such, any knife can legally be considered illegal if it is carried or possessed by someone intent on using it maliciously. If the knife is used in self-defense against someone intent on harming them, it is not illegal, but if it was brought along with the intention of attacking someone there could be penalties incurred.
In general, knives are legal to carry openly. However, Mich. Comp. Laws § 750.234 prohibits the concealed carrying or use of any scalpel, utility knife, razor, carpet knife, safety razor or razor blade knife, hook-blade carpet knife, carpet cutter, carpet knife, or any other cutting instrument or device which can be held in the hand, and which is automatically controlled or propelled by a spring mechanism or otherwise (commonly known generically as a switch blade) . Mich. Comp. Laws § 750.226b defines "automatically controlled or propelled by a spring mechanism or otherwise" very broadly, to refer to "any knife, including a dirk, dagger, stiletto, or other knife, 2 or more inches in length, or any knife with a blade that opens automatically by gravity, by a spring, or by pressure applied to the handle […] in which the blade is kept in place by a spring." In 2015, those who manufacture knives are required to put on a notice warning about the prohibition of manufacture and sale of these prohibited knives.
Other more common knives or folding knives which are specified by law to be legally permissible for possession include "a folding knife, spring release knife, flip-blade knife, or folding blade knife, with a blade 3 inches or less in length." Mich. Comp. Laws § 750.222. Knives in these categories are lawful to manufacture, carry, possess, use, sell or offer for sale without limitation. Mich. Comp. Laws § 750.233(1).
Prohibiting a spring loaded knife is a rather peculiar Michigan law, and it is different from many other states in that there is no requirement of blade length and neither is there prohibition on knives with blades longer than three inches, contrary to common state regulations. It is surmisable that this law has fallen out of popularity primarily due to its restraint being on the "spring loaded" aspect, while having few practical applications in everyday life.
Michigan legality of blade length
When it comes to knife blade length, different laws exist for different contexts (i.e. type of knife, where you are going, etc.). Here is a little bit more about legal blade length in Michigan:
In Michigan, the length of your knife’s blade could determine how you may be charged with a violation of Michigan weapon laws and also where you can legally carry it. In general, if you must ask yourself whether the length of your knife’s blade is legal, the answer is most likely "no." First, we’ll discuss the most well-known guidelines for knife blade length and then tactical folder knives. Second, we’ll address the use of knives for illegal purposes. Finally, we’ll cover how bladed weapons are treated under Michigan self-defense laws.
Most people have heard of a rule against "gravity knives," and the length of the flinching blade means that you’ve got yourself in legal trouble. The terms "gravity knife" and "gravity will knife" are often used interchangeably, under the general misconception that 3 inches (or any length less than 3.5 inches) is legal. You might think that 3 inches is legal and 3.5 unlawful. The problem is that Michigan law does not specifically say which knives are legal or illegal according to blade length; no restrictions exist on "gravity knives" or "gravity will knives" in Michigan’s legal code. Instead, Michigan’s restrictive blade size laws apply to knives that fall under the category of "daggers," meaning that they are capable of inflicting serious injury. Under Michigan law, daggers are classified specifically by blade length: if your knife blade is longer than 3.5 inches, it will be considered a dagger, and you could be charged with a misdemeanor (1 year in prison and/or $1000 fine) or a felony (4 years in prison and/or $2000 fine). Like daggers, "dagger-like" knives are legally defined by their length. If your knife blade is shorter than 3.5 inches, the courts will consider that it is "dagger-like," and thus considered legal. Such knives are legal to carry anywhere, as well as legal to use for any purpose, within Michigan law. In other words, "dagger-like" knives can be used under Michigan self-defense laws. Note, however, that – regardless of the blade length – folding knives that require a "flip of the wrist" or other similar motion to open are generally illegal. However, tactical folding knives are the exception, since they feature a safety mechanism to prevent injury. If a folding knife has a blade shorter than 5 inches, with a locking mechanism and no double edge, it will be considered legal – provided that the folding mechanism is not considered "assisted opening," i.e. requires no extra motion on the part of the user to open it. With tactical folding knives, the "a flip of the wrist" is not used to open the knife; there is no switch to deploy the blade. In other words, a tactical folding knife opens similarly to a non-tactical knife. The most important step towards successful legal defense is to inform yourself of your knife’s legal characteristics in advance. How will you know that you are carrying a knife that is 3.5 inches? What are the chances that you will need to use it to defend yourself? This is the absolute worst case scenario and you should be mindful of the legal limits around knives at all times.
Exceptions to Michigan blade length laws
There are exceptions to the above restrictions as well. First of all, there is an exception for hunting knives, survival knives, and certain other knives. Michigan Compiled Laws (MCL) 750.226a provides: (1) Unless otherwise permitted by law, a person shall not carry a knife which has a blade of a length longer than 3 1/2 inches or possesses an automatic knife…. This subsection does not apply to possession or carrying of any of the following: …(b) A hunting knife, switchblade knife, dagger, dirk, stiletto, or double-edged nonfolding knife which is carried either openly or in a concealed manner by a person who has a hunting license, fishing license, or trapping license issued under part 417, 421, or 439 of the natural resources and environmental protection act or under act No. 62 of the Public Acts of 1929, as amended. Act No. 62 of the Public Acts of 1929, being sections 322.501 to 322.513 of the Michigan Compiled Laws, is MCL 322.501 to 322.513. The statute goes on to provide that to qualified for this "license exception" the individual must produce the appropriate license at the time of request by a peace officer. In addition, the exception only applies to "knives used to take fur bearing animals" and apparently does not include "eating knives," so be careful about the knives you are carrying even with the exception. Then there is a professional exception. MCL 750.226b provides: (1) Unless otherwise permitted by law, a person shall not carry a knife which has 2 cutting edges the length of which in combination exceeds 8 inches or possesses an automatic knife or knife known as a stiletto, dagger, dirk or bomb knife…. This subsection does not apply to transportation, possession, or carrying of a boning knife, fillet knife, or butcher knife which is possessed, carried, or transported by a person who is an employee of a butcher, restaurant, packing house, or grocery store in the regular course of the person’s employment. If the person qualifies under this "professional exception" then the 8 inch length limitation for dual edged blades does not apply. This exception does not apply if a person is carrying an automatic knife or knife known as a stiletto, dagger, dirk or bomb knife. Note that the two blade "combined length" of 8 inches is twice the length of the 4 inch limitation if the blade is single edged and hence prohibitive to carry.
Penalties for breach of Michigan’s blade length legislation
Consequences for Violating Knife Blade Length Laws in Michigan
As mentioned earlier, it’s completely legal to carry a pocket knife in Michigan as long as your blade is shorter than 3 inches. If you choose to ignore this law, however, the consequences can be severe. As rules of thumb, remember the following:
All of this is not to say that you’re guaranteed to be charged with a felony if you’re caught with a switchblade or a dagger on the street. It is true, however, that police will sometimes throw the book at violators out of sheer ignorance about the laws. If you have the money to do so , hiring a knife lawyer to untangle your case can pay off in the long run if it keeps you out of jail for an extended period.
Police sometimes get the rule wrong, even if you don’t. As we saw above, the law does not distinguish between knives used, say, for self-defense and those with which you intend to perpetrate a violent act. Likewise, because police are sometimes prejudiced against knives (and knife owners), they may arrest you simply because they think they’ve caught you red-handed.
How to comply with your legal obligations
When it comes to ensuring compliance with Michigan’s knife blade length laws here are a few best practices to keep in mind. First, know how to measure the "legal" length of a knife blade. In Michigan, the rule of thumb is this: blade length is measured from the base of the blade, not including the hilt, to the tip of the blade. If the length exceeds 3 inches, the knife may be considered illegal to carry in public. To avoid any doubt, be sure to measure your knife with a ruler or tape measure that is marked in inches, and continue to check the measurement as you move the blade from the hilt to the tip. This will ensure you are accurately measuring the blade length so that you can determine whether it is legal to carry. Next, if you have any doubt as to whether your own knife may be considered a "legal" fixed-blade or folding knife, read Michigan Penal Code § 2.33, which defines a "dangerous weapon" as "a pocket knife used as a weapon with a blade more than 3 inches in length." Be sure to check the knife manufacturer’s website or contact customer service to clarify whether or not a certain knife is classified as a "pocket knife." Even if you have a knife that appears to be well within Michigan’s blade length requirement, as well as a blade that does not give the appearance of being illegal to carry in public, there’s no real way to guarantee that law enforcement won’t take issue with your knife. In such a case, the only way to know for sure whether or not your knife is considered a "dangerous weapon," and therefore illegal to carry, is to have an attorney with experience in Michigan’s knife laws explore your options and have that conversation with law enforcement authorities. While there’s no way to predict how law enforcement officials will react to any given situation, the outcome is always more favorable when you comply with Michigan’s statutory limits on knife blade length. As they say, an ounce of prevention is worth a pound of cure.
Overview of Michigan legislation compared to other states
In addition to the laws governing knives in Michigan that we have discussed thus far, other restrictions on the use and possession of knives exist in other states too. While most states do not place a maximum limit on the length of knives, some, like Hawaii, restrict the carry and possession of knives over seven inches. Nebraska restricts the blade of a dagger to a maximum length of five inches. The states of Florida, Massachusetts, Maryland, South Carolina, Wisconsin and others have all made same distinction in regards to switchblade knives, with most of them restricting their length to four inches in length. In Montana, knives with blades longer than seven inches are illegal regardless of how the knife is manufactured.
In some states the restrictions on knives apply only to concealed knives. Oregon regulates the concealed carry of daggers, dirks, switchblades and stilettos regardless of their length and Washington prohibits the concealed carrying of any knife. As previously mentioned, Michigan generally prohibits the carrying of all knives other than a knife , including a folding pocket knife, that is less than three inches in length. The perpetuated belief that knives that are under three inches in length are illegal to sell and manufacture is inaccurate. In fact, there is no such ban on the sale and manufacture of knives and the law is specifically applicable to the carrying of knives and not to the manufacturing or selling.
Michigan is somewhat of an outlier when it comes to laws on the collective carry of knives. Most other states allow a person to carry a knife or a dagger over a minimum intended cutting length of 3 inches. In many of these states, prohibitions on the carry of knives are limited to certain types of knives which we have discussed above. Wisconsin does not prohibit the carrying of knives or daggers in general, but does prohibit the carrying of swords and dirks that are over two feet in length. California prohibits the possession and carry of daggers over 12 inches in length and Massachusetts prohibits the conceal carry of any knife, stiletto dagger or dagger, regardless of its length.