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Posted: 1/15/2006 2:46:58 PM EDT
[Last Edit: 1/15/2006 5:08:20 PM EDT by EWB101]

I'm looking for a knife for the wife to carry. Something small and unobtrusive and stumbled upon a knife called the Hideaway. Now I've read thru the mess of laws concerning concealed carry and knives. I still have reached no conclusion to whether or not the HAK knives would be legal here. It is a fixed knife but it has a blade length of under 3 inches ? Can anyone help clarify this mess for me ?

If it helps here is the website for the knives in question

HideAway
Link Posted: 1/15/2006 3:23:45 PM EDT
Tag to hear the answer.

What is the legal blade length in MI anyway?
I have heard all kinda things like there is no restriction or it is 3 in.

What about when out in the woods?

I have a folder which is 3.5 in.

Can I carry it daily?
Can I carry it in the woods?

Link Posted: 1/15/2006 5:26:28 PM EDT
[Last Edit: 1/15/2006 6:33:19 PM EDT by EWB101]

Originally Posted By JYogi:
Tag to hear the answer.

What is the legal blade length in MI anyway?
I have heard all kinda things like there is no restriction or it is 3 in.

What about when out in the woods?

I have a folder which is 3.5 in.

Can I carry it daily?
Can I carry it in the woods?




Well here is the actual law for knives concealed/open carry for the state of MI.
MI Law

I'm pretty sure this topic has been covered a couple of times, with no perfect answer to alot of different questions. The wording of the law is just so open ended.

For your question about about your folder being 3.5 inches the law says this ...

-750.226... Carrying 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.

If however you go to the MI State Police website they answer a similar question with this...

Is it illegal to have a knife with a blade over 3 inches in my possession?

MCL 750.226 No. Michigan law specifies that a person, with intent to use the knife unlawfully against another, shall not go armed with a knife having a blade over 3 inches in length.

So they say it's all about your intent to use the knife unlawfully. In other words it's really too open ended to give a straight forward answer. It all would depend on your specific circumstances when said knife was found concealed in your possession.


What I'm wondering is if I'm missing something in regards to a fixed knife under 3 inches in length concealed upon your person ...

Link Posted: 1/16/2006 3:02:45 PM EDT
Most of the prosecutors that I have talked with say that it comes from two different facts,
Intent, and length, of the knife.

Most of them seem to feel that if you are carrying a knife over 3 in. then you can be charged with a CCW violation, because your intent is to do more than cut boxes.

If it is a hunting thing like in the woods and have a hunting license, A knife of almost any length is ok. You assume( Intent) that it is used in cleaning game.

Don’t ask me to explain I can't: I am just telling you what they have told us. Several questions like this have been ask at our CCW class, And it was one of the assistant prosecutors for the county that was answering the questions.

I do know one thing it is the prosecutors of each County that would make the decision to prosecute or not.

Hope it helps, I guess I would just keep it under 3 inches.
Good Luck
SM
Link Posted: 1/16/2006 9:12:13 PM EDT

Originally Posted By scoutmaster:
Most of the prosecutors that I have talked with say that it comes from two different facts,
Intent, and length, of the knife.

Most of them seem to feel that if you are carrying a knife over 3 in. then you can be charged with a CCW violation, because your intent is to do more than cut boxes.

If it is a hunting thing like in the woods and have a hunting license, A knife of almost any length is ok. You assume( Intent) that it is used in cleaning game.

Don’t ask me to explain I can't: I am just telling you what they have told us. Several questions like this have been ask at our CCW class, And it was one of the assistant prosecutors for the county that was answering the questions.

I do know one thing it is the prosecutors of each County that would make the decision to prosecute or not.

Hope it helps, I guess I would just keep it under 3 inches.
Good Luck
SM



Thanks for the help and opinion scoutmaster. I understand the whole intent and individual county prosecuter thing. The knife itself is under the 3 inch mark. I was questioning whether there was something I missed in the law about carrying a fixed knife with a blade under 3 inches as opposed to a folder type knife.
Link Posted: 1/17/2006 11:28:07 AM EDT
Sir,
The HAK is legal for carry in MI, as long as there is no unlawfull intent (of course). I have had one for nearly a year and carry it often.
Link Posted: 1/17/2006 5:57:36 PM EDT

Originally Posted By MCSO:
Sir,
The HAK is legal for carry in MI, as long as there is no unlawfull intent (of course). I have had one for nearly a year and carry it often.



Thanks MCSO. If you don't mind, Is this personal opinion or do you base your answer on 1st hand experience of some sort ? Sorry for being long winded and repetitive. I just don't like the idea of the wife being convicted of a felony if for some this knife is somehow seen or found by local law enforcement. This may sound dumb but is carrying for self defense purposes in MI somehow unlawful intent ? I plead ignorance ...


Link Posted: 1/18/2006 11:53:52 AM EDT
No problem,

I'm a LEO in MI, and my answer is based on the law. There is no actual state law limiting the length of a blade. HOWEVER, some municipalites (Detroit for one I believe) have made it a local ordinance limiting the blade length. Simply carrying a knife is not unlawfull, but if it is used while doing something illegal there is going to be trouble. The best answer if questioned about a knife is that it is a tool, for opening things or hunting or whatever, not self defense. Of course if asked if carrying a knife always be honest.
Link Posted: 1/18/2006 3:01:58 PM EDT
MCSO
Wondering what part of Michigan?
The astt prosecutor that I talked to in Oakland county told me that if someone committed a crime in his county and had a knife on him over 3 inches he would also charge that person with CCW if it was under 3 inch and not used directly in the crime he probley would not??

Just wondered if you where in the same section of town?
The guy that told me that was number three in his office
SM
Link Posted: 1/18/2006 6:40:04 PM EDT
Well it would be a violation of a CCW at that point as they were carrying the knife with the intent to do harm....


Originally Posted By scoutmaster:
MCSO
Wondering what part of Michigan?
The astt prosecutor that I talked to in Oakland county told me that if someone committed a crime in his county and had a knife on him over 3 inches he would also charge that person with CCW if it was under 3 inch and not used directly in the crime he probley would not??

Just wondered if you where in the same section of town?
The guy that told me that was number three in his office
SM

Link Posted: 1/18/2006 7:54:36 PM EDT

Originally Posted By MCSO:
No problem,

I'm a LEO in MI, and my answer is based on the law. There is no actual state law limiting the length of a blade. HOWEVER, some municipalites (Detroit for one I believe) have made it a local ordinance limiting the blade length. Simply carrying a knife is not unlawfull, but if it is used while doing something illegal there is going to be trouble. The best answer if questioned about a knife is that it is a tool, for opening things or hunting or whatever, not self defense. Of course if asked if carrying a knife always be honest.



Thank you again Sir for the help. We've been stumbling over the legalities of this particular knife for quite awhile now and have been putting the purchase off because of certain questions we had. I can sleep a little better now knowing she's not going to be breaking the law just carrying a HideAway, and she doesn't have a thing to worry about when it comes to unlawful intent.
Link Posted: 1/19/2006 5:34:32 AM EDT
I MAY HAVE MISSED THE POINT OF THE QUESTION:

MY POINT WAS THAT IF SOMEONE HAD A KNIFE OVER 3 INCHS, THEY WOULD CHARGE YOU WITH CARRING IT EVEN IF IT WAS NOT INVOLVED IN THE REASON THAT YOU ARE ARESTED.

IT'S LIKE WHEN YOU ARE CARRYING A GUN , GET IN A FIGHT DO NOT USE OR SHOW THE GUN TO ANYONE THEY DONT KNOW THAT YOU HAVE IT, BUT WHEN THEY ARREST YOU FOR THE FIGHT THEY ALSO CHARGE YOU WITH FEL FIREARM JUST BECAUSE YOU HAD IT ON YOU EVEN IF YOU HAD NO INTENT TO USE IT OR DID NOT USE IT IN ANY WAY.

SM
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