An Overview of Knife Laws in Utah
Utah Knife Laws are both simple and complicated at the same time. For starters, Utah has relatively few knife laws when compared to other states. However, it’s the meaning of what does or does not apply to those laws that I want to dedicate this section to.
Before I touch on the most important points every Utah knife owner should know about their knife laws, let’s take a look at the major knife legislation in the state of Utah and briefly summarize what it contains.
•Utah Code Ann. §§ 76-5-102 is entitled "Definitions" and essentially provides definitions for certain terms in Utah law related to criminal offenses.
•Utah Code Ann. §§ 76-10-501 is entitled "Disorderly conduct" and essentially states that a person is guilty of a Class C misdemeanor if he "knowingly or intentionally" causes bodily injury, or "threatens, by physical menace," another individual .
•Utah Code Ann. §§ 76-10-511 is entitled "Restricted, Deadly, Dangerous and Offensive Weapons" and according to the Utah legislature essentially states that it’s illegal to use or possess restricted, deadly, dangerous or offensive weapons with respect to another individual.
•Utah Code Ann. §§ 76-10-513 is entitled "Carrying a concealed weapon," and as the title states, it essentially defines what it means to carry a concealed firearm or deadly weapon.
•Utah Code Ann. §§ 76-2-304 is entitled "Privileged or justified defenses to criminal homicide" and essentially defines what it means to be using force in a situation deemed "privileged or justified" as defined by the Utah legislature concerning homicide matters.
Legal Knives Under Utah Law
Utah statute lists several knives explicitly and clearly states that it is not an exhaustive list but the state can add other types of knives through regulation. In essence, any knife that is not listed as illegal is still legal to carry charged as a weapon.
The following are definitions of illegal knives listed in Utah statute:
"All illegal knives are "dirks or daggers, switchblade knife, a stiletto knife, a prima facie evidence that the knife is intended for use as a weapon." The term "dirk" isn’t defined in the statute. A "dagger" is defined in Utah Code § 76-10-102 as "a word having any of the meanings given to it under the statutes of England."
"Stiletto knife" is defined as "any knife with a blade that folds open manually or automatically by thumb pressure and has a blade locking mechanism." That means a stiletto knife must be automatic, meaning the blade opens with the push of a button rather than folding open by hand (like a common pocket knife). The legally prescribed mechanism prevents the blade from closing on the hand while quickly deploying the knife.
"Switchblade knife" refers to a knife that has a blade that opens automatically by inertia, gravity, or a mechanical means operated by a parent finger pressure applied to a button, spring, or other device in the handle of the knife. So the switchblade definition covers folding knives rather than fixed knives. A "flick" knife, where the blade can be released by flicking the back of the handle, is also a switchblade knife by that definition.
Except for knives that fit the category of dirks or daggers, switchblades, or stilletto knives, knives are generally legal to carry in public places. While concealed knives are generally prohibited by law, such as in schools under Utah Code § 76-10-505, there is no provision prohibiting carrying knives openly in public places in Utah.
The rules on knives do become somewhat more complicated for knives on school grounds because of the circumstances of the carrying, the concealed versus open issue, and some other knife issues.
Utah Code § 76-10-500 prohibits carrying knives in a vehicle or on your person at any level of school from preschool through graduate school. The limit is practically any knife that can be used as a weapon.
This includes all dirks, daggers, stilettos, switchblades, knives with blades exceeding five inches, and any knife that resembles a dirk, dagger, stiletto, switchblade, or "other dangerous weapon," which is not defined in the Utah Code. Automatic knives, which can include switchblades, are also restricted on school property.
There are penalties defined for carrying knives on school grounds in Utah, and the penalties are more severe for switchblade knives, automatic knives, and knives with blades longer than five inches. These knives are graded as second-degree felonies, which means a potential for up to 15 years in prison for violations and fines of $10,000. Carrying other knives, including daggers, dirks, or fixed-blade knives, on school grounds is a class B misdemeanor, which carries a penalty of up to six months in jail and a $1,000 fine.
It’s important to remember that while knives are usually treated like other weapons in the law, concealed knives may be regulated just like guns in some situations. It’s also important to remember that cities and counties can make their own knife laws, and most Utah counties have done just that. For that reason, it’s best to check local ordinances before carrying a knife in a new area.
Prohibited Knives and Restrictions on Carrying
In addition to the knives that are constitutionally protected for use as tools or for sport, the law does impose restrictions on the types of knives a person can possess. Just as important as the types of knives a person can possess in public, is the type of knives a person can carry. The primary restrictions on the carry of knives are blade length and concealability.
Blade Length: Bluntly stated, there is no limit on how long a knife blade can be as long as it is blunt. Utah law uses the term "non-threatening," not blunt, and provides an example of the type of knife that is non-threatening: a butter knife or letter opener. As a more common example, a filet knife is generally non-threatening. On the other hand, commonly perceived safe blades, like a steak knife, are considered threatening and are restricted. Fang knives, neck knives, and push knives are all threatening. So too are swords, sabers, and sabers and dirks and daggers. Perhaps the single most common misperception about knife carry in Utah is the blade length limitation.
Concealed carry: A concealed knife is prohibited from being concealed on your person even if it is non-threatening.
Restrictions on Carrying Knives in Public and Private Spaces
Determining where and how you can legally carry a knife under Utah law depends on four primary factors: (1) whether it is a public place, (2) if there is a state-issued permit for concealed carry, (3) if there are federal restrictions on the area in question (e.g., schools, government buildings, etc.), and (4) if the property owner is allowing you to enter that area for a particular purpose or due to public necessity, etc.
Public Place.
As a general rule, you can carry a knife in public as long as you do not intend to use it as a weapon against another (see Knife Possession Laws, above). As previously mentioned, knives are divided into three categories under Utah law: (1) daggers (includes dirks, stiletto knives, bowie knives, ballistic knives); (2) stilettos, and (3) pocket knives. (See Knife Possession Laws, above.). You cannot carry daggers or stilettos in public places. You can carry cuchillos, swords, machetes, bowies, ballisitic knives, or any other kind of knife in a public place as long as the knife does not meet the definition of a dagger or stiletto.
If you want to carry a knife with a blade longer than 4" in any public area, you will need to obtain a permit from the state authorizing you to engage in concealed carry. You can obtain this permit from the Bureau of Criminal Identification by completing a 4-hour concealed carry training course. A concealed knife does not include a knife that is "in plain sight," or "openly, and without attempt at concealment."
Government Buildings.
You cannot carry a knife, with the exception of pocket knives, in certain government buildings and facilities. These buildings include any real property under the control of the state, institution of higher education, or other state entity that by its nature requires special security due to the vulnerable populations within the facility. The law presumes that pocket knives are acceptable in government buildings as long as the blade of the knife is no longer than 2.5 inches. However, this exception for pocket knives does not apply to knives in schools or youth correctional facilities. A full list of government buildings and facilities in Utah can be found here.
Schools Late Morning, Early Afternoon, and After Hours.
Under Utah law, schools determine when school is in session. If you have a child enrolled in K-12 school, you should ask the school’s administration about whether they consider it to be school hours after 10 a.m. and before 4 p.m. Before and after this time, school grounds are not subject to the school zone ban on deadly weapons.
Criminal Penalties for Breaking Utah’s Knife Laws
Violations of Utah’s knife laws can lead to a variety of legal repercussions, depending on the severity of the offense, the specific law violated, and any prior criminal history the offender may have. In general, most knife-related offenses are considered class A misdemeanors, carrying penalties of up to one year in jail and a fine of up to $2,500. In some cases, certain felonies may apply, especially for offenders with a prior felony conviction involving a knife. One of the potential criminal sanctions for violating knife laws is the confiscation of the knife and arrest of violators. The officer involved may also issue a warning that the knife is illegal and allow the knife to be confiscated without formal arrest. If the knife confiscated is a folding knife, concealed or not, and is 1.5 inches or less in blade length , the officer may allow the knife to be returned to the violator. If the knife is illegal, the cited individual may be required to appear before a judge. In addition to punishment by the courts, a conviction for violating Utah’s knife laws may also result in the violator being banned from receiving or renewing a Utah permit to carry a concealed weapon. Additionally, offenders could face the loss of employment in jobs requiring possession or use of knives, especially in the food preparation industry, where failure to possess legal knives could result in immediate termination of the individual. When it comes to violations of knife laws in Utah, consequences can be severe. Therefore, if you are arrested or charged with violating any of the state’s knife laws, contact a qualified weapons rights attorney as soon as possible.
Legally Using Knives in Self-Defense
Understanding Utah Knife Laws: A Comprehensive Guide
In the past, there has been a strong push for legislation aimed at promoting safety within the home, more specifically the castle doctrine. Proponents argue that people have a right to use reasonable means necessary to protect their persons from those intent on intruding into their homes in a manner which would create fear of death or other injury. The self-defense law, along with the castle doctrine, has been successfully used in state and federal courts as a powerful defense to criminal charges. With the expansion of the duty to retreat and the castle doctrine, knives and other weapons are protected under the law so long as the knife laws are followed, and force is used only when necessary. Protecting yourself with a knife or other weapon should be an absolute last resort after all other options have been considered and pursued. However, once the decision has been made to use a knife or other weapon, the law will be behind you.
To fully understand this section, it is important to note the distinction between self-defense and an otherwise lawful activity. If someone is charged with a criminal act of assault and they claim self-defense, it is the prosecutor’s burden to prove beyond a reasonable doubt that the accused did not act in self-defense, while it is the defendant’s burden to raise the issue of self-defense (a preponderance of the evidence), and prove by a preponderance of the evidence that they acted in self-defense. The prosecutor will have the initial burden in every case, wrestling with whether he or she can disprove self-defense. On the other hand, the defendant will have the burden of proof to prove self-defense. The reason this is important is because it will help demonstrate how an affirmative defense can be used. An affirmative defense is when a defendant claims they did the act but what they did was not a crime. The defendant saying they acted in self-defense is an affirmative defense.
Utah law defines the use of force in self-preservation: "A person may use force or threaten to use force against another when and to the degree the person reasonably believes the uses or threats of force are necessary to terminate the other’s unlawful entry upon or interference with the person’s property, not being a carrier’s or other public conveyance, in immediate possession of the person, or to prevent the other from terminating or interfering with the person’s possession of the property, not being a carrier’s or other public conveyance, in immediate possession of the person. This is whether the force is used against the other or the other’s property." It must be noted that the law doesn’t say knives, guns or any other weapons may be used as a defense, however, a knife or any other weapon may be considered a deadly weapon. Reasonable doubt as to what type of weapon can be used as self-defense will come into play depending on the circumstances of each case. Some may argue that a small penknife will not be classified as a deadly weapon, thus meaning an assertive self-defense claim will be weak where the only force used is a penknife.
After explaining the lawful use of force in self-preservation in Utah, it is imperative to understand that any force used for purposes other than self-defense will be viewed as a serious crime under Salt Lake City law. Using assault weapons, knives and other weapons in any other manner may assume more significant penalties. For example, in Utah, vehicular manslaughter, which can include the use of a knife, is a second-degree felony. In these cases, it is much more important to understand the use of deadly weapons and show respect for Utah’s laws on the carrying and usage of knives and other weapons.
Legal Representation and Resources
For further information on Utah laws involving knife and blade weapons see the Utah Code Section 76-10-501 et al. If you are charged with a criminal offense in Utah you should seek the guidance of qualified legal counsel as soon as possible. There are lawyers who specialize in representing individuals charged with offenses involving knives, swords and other bladed weapons. Law enforcement and prosecutors are usually aggressive regarding these types of criminal charges.
The government agencies are far from fair and impartial as explained in the article above. Beyond the law enforcement officers themselves, prosecutors, judges and even legislators are inclined to give the law enforcement breaks. A convicted person goes through a lot of hassle, embarrassment, expense and administrative consequences . The prosecutor wants a conviction, and once they get one they will do anything they can to prevent it from being reversed or otherwise overturned. You need an advocate by your side who has experience fighting the state of Utah, including the various issues that come into play when an individual is charged with a criminal offense. If you choose to fight your case you can call every attorney in the land, and if that lawyer does not return your call or messages you will never know if they would have been the best lawyer for your case. We urge you to contact the law firm of Black & Wadsworth for a consultation to discuss your case. The firm is run by former prosecutors and experienced criminal defense attorneys who understand the process all too well.