Legal knife length limits in Michigan
The legal length limits for carrying and owning knives in Michigan are determined by several state statutes that govern carrying concealed weapons and dangerous weapons. Under Michigan law, the general restriction that falls under Michigan’s pocketknife exception, MCL 750.226, exempts from prosecution someone under 19 years of age who carries a knife or other cutting instrument "designed primarily and customarily used for the purpose of being worn on a belt in a sheath or other holder." This has been held to apply to knives with a sharp edge of either less than three inches or less than four inches. However, while the legal limit seems to be knives with blade lengths down to three inches for those under 19 years of age, there is no case law that directly discusses the question of whether the statute includes a three inch maximum on knives carried by persons who are over 19 (and, therefore, do not fall under the pocketknife exception) . Indeed, people over 19 have no current pocketknife exception protection under Michigan law. It may still be the case, though, that the case law regarding the pocketknife exception would be extended to those over 19 years of age.
It appears that knives with more than three inches in blade length (or possibly more than four) may, then, be carried on one’s person in Michigan with no criminal liability. The question, though, of how long a person can own a knife in Michigan with blade length in excess of three inches would seem to be open to question. There is much conflicting case law regarding the issue of ownership of certain types of knives even though they are legal to own and carry in Michigan, such as swords and daggers, but it is not clear whether standard rules regarding criminal intent and dangerous weapons would apply to knives.
Exceptions to Michigan knife length limits
Even in a restrictive state such as Michigan, there are always subtleties to every law. The first such consideration is what type of knife we’re actually discussing in this case. On the surface, the law seems straightforward enough: knives with an overall length of three inches or more are illegal to carry concealed without a permit. However, just as there are exceptions to other laws, such is the case with Michigan knife carry laws as well.
Generally speaking, any knife that has a blade that is capable of being opened with one hand is generally not allowed to be carried concealed, regardless of whether it is an assisted-opening knife, a switchblade, or even a dirk or dagger. Naturally, the exceptions begin with those very same knives.
Therefore, unless the owner of a switchblade knife is engaging in otherwise illegal behavior (i.e. transporting a knife to or from a location where it cannot legally be carried concealed), owning and transporting a switchblade knife is perfectly lawful in the state of Michigan.
Similarly, dirk and daggers also have a unique allotment for these circumstances.
Michigan law also includes unique exceptions for dirk and daggers. Like switchblades, both dirks and daggers are entirely legal to own or possess in the state of Michigan. Where the law differs, however, is that daggers and dirks are actually illegal to carry concealed if the blade is longer than three inches – at least according to an appellate court ruling from 1996(X). The relevant appeal court case also determines that the term "length" in the law refers to the whole knife’s length, not just the blade length (Y). Whether one agrees with the interpretation of the law or not, the current case law means that daggers and dirks longer than three inches are illegal to carry concealed, but they can be owned and possessed.
In an ideal world, the case law would remain as simple. No one carries daggers or dirks unless there’s a clear intent to do harm. However, rarer uses of these knives need to be considered as well. In the 2010 appellate case of People v. Brown, the defendant tried to use the legal exception of a knife having "another legitimate purpose" to overturn his arrest for carrying a concealed dagger longer than three inches. The relevant legal ruling, however, determined that the exception could not be reasonably interpreted to mean that daggers could have an "innocent purpose." In this case, the dagger was used as a prop in a phone recording, and since the code section states that daggers may have an "other legitimate purpose," the appellate court ruled he was illegal in transporting the dagger to or from the recording session.
Therefore, while carrying a dagger to or from a rap video shoot may be an allowable exception to Michigan law, it’s important to remember that episode changed the law as relates to transporting daggers and dirks.
Penalties for violating knife length laws
Fines and other legal consequences can be levied against those who own or carry a knife that exceeds the legal length, up to and including jail time. In Michigan, owners of knives that exceed the legal limit could pay as much as $500 in fines. Owners who are also convicted of other knife-related crimes, such as assault with a weapon, are subject to harsher penalties. The person who was charged may face imprisonment. If the conviction involves concealed carry, the issue of weapons possession may also result in jail time.
Carrying a knife concealed also risks the possibility of added punishments, such as having the knife confiscated. In other circumstances, people willfully or unknowingly violate the statute with longer knives, making them subject to arrest. Those arrested for knife possession may face bail and court costs. The loss of a knife through enhanced penalties can often be costly; a high-end knife can range from a few hundred to a couple thousand dollars.
Michigan knife laws compared to surrounding states
As the saying goes, "you can’t know where you’re going until you know where you’ve been." With that in mind, let’s take a look at some of the knife restrictions in Michigan’s neighboring states to put things a little more into perspective. For each state, I’ll highlight its restrictions and also the legalities associated with certain knives. You’ll find that other than defining a few knives that are over the state limits here in Michigan, the changes Michigan made in relation to switchblades in 2012 keep it hands down as one of the more knife friendly states in the Midwest.
Ohio:
Ohio defines "Blade" to mean "any instrument having a blade which is capable of being used as a weapon or cutting instrument." Ohio Revised Code, Section 2923.20. Like Michigan, Ohio restricts the size of the blade based upon the weapon and how it is carried. The prohibited knife types in Ohio which have size limitations are Daggers, dirks, bowie knives, stilettos, switchblades, gravity knives, and meat cleavers. If concealed, the limit is for all types of knives, the measured length cannot exceed two and one half inches. If carried openly, the limit is four inches. Carrying some of these knives for purposes of defense, or for an "unlawful purpose" as determined by a police officer based upon any "literacy or physical ability" is considered illegal.
Wisconsin:
Wisconsin restricts the type of knives defined as "switchblade", defines a switchblade as "any knife with a blade which folds, or is retracted, into the handle of the knife by a switch, pressure on the handle, or other mechanical means." There are no length restrictions, but sale is prohibited and possession is restricted. Concealed carry is prohibited, and Wisconsin allows only certain exceptions involving certain types of extraordinarily hazardous occupations and "testing." In the Wisconsin case of Wisconsin v. Sizemore, the court held that if ever challenged Wisconsin’s restrictions on switchblades knives , that they would be invalidated as unconstitutional under Wisconsin Constitution Article 1 Section 25. The inconsistency between the switchblade knife bans and constitutional right to bear arms would require the ban to be "narrowly tailored and necessary to serve a compelling state interest." With regard to other knives, Wisconsin has two other limits, one which is identical to Michigan’s open carry where the knife blade can be no longer than 3 inches and another where knives used as lethal weapons are not allowed to be carried under certain conditions.
Indiana:
Indiana has a similarly stringent ruling with regard to switchblades as Wisconsin, however the Indiana Constitution is even more restrictive in its phrasing. The Indiana Constitution Article I, sec. 32, provides that "The General Assembly shall never pass any law, restraining the right of the people peaceably to assemble, and to petition the government by speech or writing, for a redress of grievances." In its case of Grawey v. State of Indiana, 308 N.E.2d 648 (1979), the Indiana Supreme Court ruled that the Indiana statute prohibiting the manufacture, sale, barter, trade and barter of switchblade knives was facially unconstitutional to the extent that it would "preclude all individuals, sovereign citizens of the state of Indiana, from personally possessing a switchblade knife." Under the Indiana Code Section 35-47-5-3, switchblades as well as automatic knives and knuckles are banned. All other knives are permissible to own and carry.
Illinois:
Illinois bans all knives with blades of three inches or greater. Illinois Compiled Statues Annotated, Chapter 720, Section 5/21-6. For ballistic knives, daggers, dirks, stilettos, switchblades, fixed blades and so on, the knife cannot exceed knife 3 inches in length. In addition, the knives must not be used in furtherance of a felony or consider such possession a factor in determining whether or not one is engaged in violation of the law.
Knife ownership tips for Michigan
This is an important section, as people often forget or overlook knives that are not true weapons or that may be legal in some places but not others. Remember that you will have to be aware of all local ordinances and regulations to be certain that you are not carrying a knife that you are not authorized to carry (or even possessing such a knife).
Knife owners should be well-versed in the ins and outs of Michigan’s knife laws. Knife owners should regularly check on any new ordinances and laws in their cities, municipalities, and townships. There may be changes to state law or local ordinances that could affect your knife collection and use. Knife owners should also keep up to date on any legal changes to the definition of a "utility knife" or "dirk," as these words determine which knives you may legally possess.
In addition to following state law, knife owners would be wise to review their local statutes and ordinances. Cities and counties can modify Michigan’s knife laws with their own local laws. Possession of certain knives may be limited (or entirely prohibited) in some counties, cities, and municipalities.
Generally speaking, knife owners should also be familiar with how to properly and legally use certain types of knives. It is wise to never use a knife in a fashion that could be construed as fluctuating between offense and defense – this means that one should avoid using a knife in order to defend oneself from an attack from another person. Defensive actions while possessing a knife can sometimes be construed as the criminal offense of Felonious Assault under Michigan law.
Additionally, knife owners should not use knives in violation of their local ordinances, including knife ordinances, city-maintained park ordinances, and other local regulations.
Michigan knife law research resources
Several resources are available for those seeking additional information about knife laws in Michigan. The Michigan Legislative website is a starting point for data on specific statutes in effect. Laws.org is a free online community to learn more about General Knife Laws and get answers to common questions . Many local law enforcement agencies also field questions, or there are social media communities available on sites such as Facebook. Additional resources include the Michigan Coalition for Responsible Gun Owners and GunForums.net.