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Posted: 4/21/2014 6:02:50 AM EDT
I'm in the market for a new knife, and I want to make sure my understanding of the knife laws is correct. As many of you have seen, you know I stay pretty on top of the laws, but for some reason I just have an uneasy feeling about this.

MCL 750.227 states:
(1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person.
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My interpretation of this law is that daggers, dirks, stilettos, double-edged nonfolding stabbing instruments, and any other dangerous weapons are legal to possess. They are legal to be carried as long as they are not concealed, and not carried on the person while in a vehicle. My main point of unease is regarding vehicles. So those items can be carried in a vehicle, but I should follow procedures similar to those of non-CPL holders transporting a pistol? (keep the knife in the trunk or something)


MCL 750.226 states:
Carrying firearm or dangerous weapon with unlawful intent—Any person who, with intent to use the same unlawfully against the person of another, goes armed with a pistol or other firearm or dagger, dirk, razor, stiletto, or knife having a blade over 3 inches in length, or any other dangerous or deadly weapon or instrument, shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 5 years or by a fine of not more than 2,500 dollars.
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I interpret this to mean that knives with blades over 3" are legal as long as I'm not planning to use it against someone unlawfully (not self defense).


MCL 750.226a states:
Any person who shall sell or offer to sell, or any person who shall have in his possession any knife having the appearance of a pocket knife, the blade or blades of which can be opened by the flick of a button, pressure on a handle or other mechanical contrivance shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for not to exceed 1 year or by a fine of not to exceed $300.00, or both.

The provisions of this section shall not apply to any one-armed person carrying a knife on his person in connection with his living requirements.
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I interpret this law to mean that automatic knives are not legal. What about spring assisted knives? Specifically ones that can be opened from pressure on the knob on the blade. My understanding has always been that spring assisted knives are legal as long as you have to physically touch the blade to open them, is that correct?


Now I know there is not state preemption for knives, and some cities have placed stricter knife laws. That and the "any other dangerous weapon" line are things that we need to work to have changed.

Thanks guys, hopefully this reinforces my understanding of the knife laws, helps anyone that is unclear, and opens a discussion about changing our knife laws.
Link Posted: 4/21/2014 10:51:48 AM EDT
[#1]
The confusion I've had before is this:

By its wording, MCL 750.226 seems to imply that any knife with a blade over 3 inches is a "dangerous weapon".

MCl 750.227 then states that "any other dangerous weapon" may not be concealed on the person or carried at all in a vehicle.  This would seem to imply that carrying around a 4" folding knife would be a legal grey area, even if the pocket clip was visible.  What if your jacket covered the pocket clip?  What about in a vehicle?
Link Posted: 4/21/2014 4:49:17 PM EDT
[#2]
Quoted:
They are legal to be carried as long as they are not concealed, and not carried on the person while in a vehicle. My main point of unease is regarding vehicles. So those items can be carried in a vehicle, but I should follow procedures similar to those of non-CPL holders transporting a pistol? (keep the knife in the trunk or something)
View Quote


That would be my approach to it for something fitting the description.  I do know there is legislation pending that changes some of that, but it doesn't do any good until it is signed by the guv.

I interpret this to mean that knives with blades over 3" are legal as long as I'm not planning to use it against someone unlawfully (not self defense).
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Your interpretation is the same as mine, in that I do not intend or plan to use a knife unlawfully.  

I interpret this law to mean that automatic knives are not legal. What about spring assisted knives? Specifically ones that can be opened from pressure on the knob on the blade. My understanding has always been that spring assisted knives are legal as long as you have to physically touch the blade to open them, is that correct?
View Quote


Again, that is how I interpret it.  I do not know of any case law that would back up or counter any of the above interpretations unfortunately.  

Now I know there is not state preemption for knives, and some cities have placed stricter knife laws.
View Quote


I think Lansing at one time (perhaps still) had an ordinance that stated anything over 2 1/12 or 3" was in violation.  Having lived within the city limits for a few years I never had an issue with any knife I carried just going about my own business.
Link Posted: 4/22/2014 4:39:14 AM EDT
[#3]
Here is a link to Michigan city knife laws, you are right about the state laws, but each city has it's own laws.

http://www.handgunlaw.us/documents/USKnife.pdf
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