Switchblades...Legal in Ohio?

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Pharley

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I have read through a lot of the ORC, and still find it confusing. I found a section that makes it illegal to sell switchblades, butterfly knives, etc...but it does not specifically state just carrying them concealed.

On the CCW part of the law, it states that it is illegal to carry a weapon, firearm, or dangerous ordinance concealed. It describes the illegal knife as "ballsitic". which I interpret to mean the blade actually shoots out and is a projectile.

Anyone with knowledge, please post, and cite ORC code(s) if possible. I only request ORC codes, as I will check local municipal ordinance. Dont want to get burned on this!
Thanks.
Rob
 
Welcome to THR, Pharley!

If you haven't noticed, there is a forum for non-firearm weapons. A mod will probably come by and move this thread.

edit: I see you've been around awhile, I at first just saw your post count.
 
Interesting question. ORC 2923.20 (A)(3) Unlawful Transactions in Weapons, says:

(A) No person shall:

* * *

(3) Manufacture, possess for sale, sell, or furnish to any person other than a law enforcement agency for authorized use in police work, any brass knuckles, cestus, bill, blackjack, sandbag, switchblade knife, springblade knife, gravity knife, or similar weapon;

So it seems that mere possession, if you make it your self or get it from out of state may not be illegal. For that matter, the illegal act is selling, not buying. However there is federal law re: switchblades in interstate commerce.

Intersting that selling a sandbag is illegal. :scrutiny:
 
My understanding is that in most states, possession was legal for switchblade knives. Carry was illegal. There is also a legal blade length as well. I wonder when the above statute was put into effect as I used to buy "blades" in Ohio at Gun Shows and not that long ago. They just lie around. Don't know why I even wanted one?
 
I once saw them for sale at a gun show in Miami. The seller claimed they were legal in Florida and Oregon.
 
Kind of confusing, b/c the Illegal Transaction in Weapons does not cover mere possession of a switchblade, or carrying one concealed. It seems like it should be impossible to own a switchblade....if Ohio law restricts the sale of them, and they are illegal for interstate commerce, it's like you can't own one technically. Hopefully a LEO or someone who has been down the raod before can shed some light. Thx for the replies.
Rob
 
Actually, Ohio law is very understandable, just odd.

Commerce in swithblades is illegal within the state (except to govt. personnel), but posession and carry is not. You can have them and carry them, but you can't sell them. :scrutiny:

Is this contradictory, perhaps, but still very clear.

Oh, and LEOs are often just as confused about switchblade laws as anyone else so don't depend on a defensable answer or a dependable answer from them. They got enough to do dealing with real bad guys.

22_rimfire "There is also a legal blade length as well." , not so. blade length only comes into play in a very small minority of states allowing switchblade posession or carry. Cali comes to mind with their allowing small bladed swithchblades, but most states that allow switchblade carry treat them as any other knife and don't impose special blade length restrictions just for switches.
 
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I have no idea, but I have seen them for sale, both at a very busy chain auto parts store, and a local pawn shop. I was going to ask them about it but I figured I would just go 'don't ask don't tell'.
 
AirForceShooter said:
in Florida if you have a CCW a switchblade is perfectly legal.

AFS

Yes, but you don't have to have a CCW to carry a switchblade in Florida either. Florida treats switchblades as common pocket knives and has NO mention of restrictions on them in their state law.

Folks,

Federal law on auto knives is codified here: 18 USC 1716 (g)(2)(1-4). It restricts commerce in auto knives shipped between the states. Auto knives manufactured & sold within state boundaries are beyond federal statute.

Many states have their own statutes restricting the manufacture, distribution, sale, and possession with in their boundaries, but some don't even mention them.

Many counties, municipalities, and other legal jurisdictions also have their own rules, regulations and statutes.

Even if you're certain that you know your state laws regarding switchblades you're probably incorrect. Not because you are stupid, but because there's so much myth about them and people have had to wade through endless pages of state law and fed law to find the correct answer. Two sites now have made it easy for you and have extracted the information. Go to http://www.amatecon.com/switchblade.html and http://pweb.netcom.com/~brlevine/sta-law.htm and check what is provided for you there.
 
Ohio Switchblades

I was wondering about the switchblade laws myself, here in Ohio.

The specific law does seem pretty cut and dry when it comes to carrying the items, though:

§ 2923.12. Carrying concealed weapons.

(A) No person shall knowingly carry or have, concealed on the person's person or concealed ready at hand, any of the following:
(1) A deadly weapon other than a handgun;
(2) A handgun other than a dangerous ordnance;
(3) A dangerous ordnance.


The way I interpret that, is you cannot carry any other type of deadly weapon besides a handgun. So, things like saps, nunchaku, chain weapons, switchblades, etc. are out.

There would be the arguement that people carry pocket knives, but there is little doubt as to what the purpose of a switchblade is. You definitely don't carry one to whittle or to cut carpet, if you know what I mean.

Oh, and first post.
 
The law can be funny. If I walk out of my house carrying a sap and a switchblade I can smile and wave at the police as long as my fashion accessories are visible. If I get in my car and drive North ten minutes it will mean jail time.
 
Darkness said:
I was wondering about the switchblade laws myself, here in Ohio.
...
The way I interpret that, is you cannot carry any other type of deadly weapon besides a handgun. So, things like saps, nunchaku, chain weapons, switchblades, etc. are out.

There would be the arguement that people carry pocket knives, but there is little doubt as to what the purpose of a switchblade is. You definitely don't carry one to whittle or to cut carpet, if you know what I mean.

Welcome Darkness.

Sorry, but that isn't the way it works. You should read the entire law. I. DEADLY WEAPONS.

§ 2923.11. Definitions.

As used in sections 2923.11 to 2923.24 of the Revised Code:

(A) "Deadly weapon" means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon...

Actually people do carry them to "whittle or cut carpet". The idea that people don't is part of the myth around switchblades. The states that don't restrict autos consider them to be common pocket knives and in those states I know HVAC guys that use them, and EMTs that use them, and farmers that use them. This is the evil black rifle sillyness balanced on people's predjudice about a knife.
 
Hey there hso,

I suppose you are right about some folks carrying switchblades for work purposes. Now that I think about it, I have seen police-type blades and whatnot, and I imagine that a quick 1-handed opening blade would be useful for EMTs in the field, or whatnot. I guess I was thinking more along the lines of the thin-bladed, decorative handled switchblades which (in my opinion) would be ill-suited for anything besides use as a weapon.
Like these, for example:
9classic5.jpg


as opposed to this type:
stryker250.jpg



I have several knives that I use for work applications, and I have a handful of switchblades. I would never think to use my switchblades to cut materials or pry stuff like I would my work knives. I do have some balisongs that would serve for both duties, I guess.
 
So it seems that mere possession, if you make it your self or get it from out of state may not be illegal.

Interstate sale of a switchblade is banned by federal law, although it is rarely enforced.

This is why people make the Oregon or Florida exception, because those are the respective geographic locations of Microtech (fla) and Benchmade(or), thus making one or the other legal to purchase in their home state, as the blade never crossed state lines. It is one of the dumbest laws on the books, and it is ignored by virtually everyone in the nation.

This is why Benchmade will send you a Balisong even if it's illegal to carry in your state, but they will not ship you an Auto under any circumstances (assuming your a civilian).
 
Switchblades Legal to Carry in OHIO?

I recently purchased two utility type switchblade knives for work. The knives are for work only, and look no different than any other type of work knife. I love the idea of being able to open it with one hand!:D But reading all these opinions had me pretty frustrated and confused: Could I carry it legally in Ohio or not!:banghead: After much research and after checking out some of the above listed links, here's my take: There are TWO sections of Ohio state law that apply: ]#1 - "II. SWITCHBLADE KNIVES. § 2923.20. Unlawful transaction in weapons." As long as they are not manufactured, sold or intended for sale in Ohio (state law on switchblades), they are legal to own and carry. I can find no restrictions that apply to transport or concealment EXCEPT and UNLESS it would fall under the deadly weapon section. #2 - Sections 2923.11 to 2923.24. According to state law, it is LEGAL to carry a knife, as long as you can reasonably demonstrate that you are carrying the knife for utility/work related purposes, I.E; a non-defensive/offensive purpose. IF YOU CAN, THE KNIFE IS NOT CONSIDERED A DEADLY WEAPON. HOWEVER, it might be a difficult sell to a LEO, prosecutor or judge for instance, that the Stiletto with a bayonet blade they found in your pocket was only a work knife!!:evil: But then, I guess it all depends on the kind of business you're in!:eek:
 
CRFORFREEDOM said:
THE KNIFE IS NOT CONSIDERED A DEADLY WEAPON. HOWEVER, it might be difficult sell to a LEO, prosecutor or judge that the Stiletto with a bayonet blade they found in your pocket for instance, was only a work knife!!:evil: But then, I guess it all depends on the kind of business you're in!:eek:

Welcome CRFORFREEDOM. You've got the idea. Something less delicate than a standard Italian is more representable as a utility piece. Never fear though, just as we've seen here there's a great deal of misunderstanding about autos among the LE community as well.:banghead:
 
Thanks for the welcome!

You're right! The best answer I have received to date from my friends in law enforcement is: "I Dunno".

My interpretation I think is logical, however if I'm wrong and get thrown in the Pokie, I'll be sure to let you know!:what:
 
Switchblades in Ohio

Hi all, I just joined this forum to add my two cents worth on this topic. I read all the previous posts and everyone is correct...to a point.
Ohio gets seriously freaked out about concealed weapons of any sort. However, and somewhat ironically, they don't seem to care much about weapons carried out in the open.
As far as edged weapons are concerned, the term "deadly weapon" applies to knives with a blade length longer than 3 inches. A blade 3 inches or less is not considered a deadly weapon. This is not obvious in the text of the statute, however it has been determined by case law and precedent.
It is legal to possess a switchblade knife of any size in Ohio. They are not considered any different from any other kind of knife in that regard. It is illegal to SELL such knives in the State though, and it is illegal to carry one concealed IF it's blade is longer than three inches. Open carry is fine. Everyone should also be aware, if you have any type of deadly weapon in your home, and it is concealed, either on your person, or ready at hand, you are technically breaking the law. This includes that handgun in your bedside table drawer (assuming you don't have a concealed carry permit). However, and this is kind of funny....it's perfectly legal to walk down the street in Ohio with an AR-15 slung over your shoulder. But a .22 single shot derringer in your pocket? Forget it!
The laws are deliberately vague in order to give LEOs wide latitude in making decisions on the street. They have the ability to make judgment calls regarding weapons, and they do so on many occasions. If you are stopped, and you just so happen to have a knife or a gun in a place where they can't see it, tell them about it immediately. That way it is not considered being "concealed". Don't try to bluff your way past them, because if you don't happily inform them of it's presence first, and they find it, you are going to be in trouble. Maybe not convicted...case law contains many loopholes that may allow you to slip through the cracks...but you'd still have to get arrested, post bail, miss work, hire a lawyer, yada, yada, yada. It's much better to say, "Officer, I've got a _______ under the seat here." Be nice to the cops, and usually they'll be nice to you. I've done alot of research on this topic, and my brother is a detective, so I know what I'm talking about.
If you do get arrested for CCW, make sure your lawyer does thorough research of all applicable caselaw, or if you can, do it yourself. Jails are full of people who could have beaten their case had they just done their homework. Don't trust anyone to know your rights for you. They're your rights, and it is your responsibility to know what they are, and to properly raise them when the time is right. If you don't, they're considered "waived". So, educate yourself on all the fine points where your weapons are concerned...it may keep you out of jail someday. (Pay particular attention to the Ohio Constitution's protections on keeping and bearing arms. It's alot stronger than the U.S. Constitution's 2nd Amendment.) Have fun, and be safe.
 
Thanks for the info. on that one, Chainlink. That's definitely a big help, but I recently bought a Balisong (butterfly knife) with a blade that's 3 and 3/10 inches long (starting from the blade, not the bottom of the tang. So in this case, would it be illegal to CC the balisong? Because honestly, I wouldn't feel too comfortable walking near anyone, let alone an officer, with my balisong on my belt loop in broad daylight.
 
Welcome to THR, Dizzy 772.:D

The problem with blade length measurements is that unless the law specifies how the length is to be measured, cutting edge vs total blade length, you'd have to look at case law for the jurisdiction to find out how what the precedence's are.

Also, some jurisdictions treat balisongs as switchblades. If you have a bali with an overall blade length of 3" or less you may be fine carrying it in your pocket. If the overall blade length is more than 3", but the length from ricasso to tip is under 3" you're into interpretation territory.
 
I have yet to understand the fascination with switchblades. By the time you get the safety slider slid, and the button pushed, someone who knows what he's doing with one of the current crop of thumb stud folders will have had his knife in action for a good 3 seconds already. Even starting with the slider slid and thumb on the button, they're not really appreciably faster than the same deal with a thumb stud.

Oh, I forgot, they're restricted. They're mysterious. Hollyweird likes them. Now everyone wants one.

~~~Mat
 
I don't know what kind of autos you have tried, but it sure as heck doesn't take me three seconds to open one, and i am not particularly well practiced or fast.
 
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