Posted: 4/26/2008 10:31:28 AM EDT
| Might anyone on here know whether it is legal to carry a balisong (butterfly knife) in Michigan? |
| this is just my 2 cents of info. I have a friend that is a macomb county cop and he said that the balisong knife or butterfly is considered a illeagal weapon cause it can be opperated one handed and if you are not one handed you are wrong. I aint no laywer this is just my 2 cents . |
That's what I thought of as well, in fact the benchmade folder I carry is much easier to operate one handed than a butterfly knife. |
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I believe the law saids that a spring operated knife is illegal. That is a felony. I asked the opinion of a few deps regarding the spring steel operated, no one thought that was illegal. Length is the other factor. In Mich if it's concealed and over 2 7/8 (?) inches its against the law. Norton |
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The law is rather vague. It says that the knife cannot open by means of "mechanical contrivance." It would be up the interpretation of the cop and prosecutor what that is exactly. Also, double-edged knives are an instant felony. I've seen prosecutors charge for butterfly and double-edged knives. |
God damn that shit hurts my head. What would happen if I were to get a large folding knife, carry it concealed unfolded? |
so do your research and be wise grasshopper.|
As I read them: pweb.netcom.com/~brlevine/mi.txt They can't be switch blades. They can't be double edged. Dave had it right, in saying that it is your intent that matters most. Reading the text, the length doesn't matter if you are not carrying it with unlawful intent. |
Though this will not always be the case, if you can prove somehow your intent is NOT illeagal, or hamfull to a person, it can help. When i was younger a friend of mine got pulled over and the cops started giving hima a hard time because he a had a 8 inch boneing knife on him that was concealed at the moment (wasnt his intent) but when he asked why he had the "pig sticker" his reply was "I'm a butcher" But he really was, even had the apron to boot, which he showed them. He worked at a meat market and had forgot to take the knife off. They said "Oh, ok. try and loose it after work hours ok." and sent him on his way. |
4thidvet and I had this conversation at work today. On one hand the assisted opening could technically be considered "mechanical", on the other hand (the one I carry anyway) isn't concealed and exactly "2 3/4 therefore legal.  There doesn't seem to be a definitive ruling here. I think it would come down to a couple of things as far as assisted opening knives go. Your demeanor with the officer, and his interpretation of your "intent". Obviously if you're polite, courteous, and cooperative during and encounter with a LEO, that will go a long way. He may not even open your knife. I'm not a LEO, and I didn't stay in a Holiday inn express lat night, but from past experience this is what I assume. |
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What about Kershaw's,CRKT's, Spyderco's. How can stores in Michigan sell these if they are illegal?. I can open my Spyderco Delica with a thumb / wrist snap one handed very quickly.... I do have a true switch blade in the safe that was my grandfathers and when opening it you can see how it goes from pocket to open with little or no effort. There is no comparison to it vs. using a thumb stud or mechanical assisted opening if one were to engage in "foul play". I just taught 35 scouts " totem chip" and or safe knife use this weekend so remember , never violate ones "safety circle" when using a knife, axe or saw. |
| The primary issues in this discussion are the construction of the knife and the intent of the user; the 3" blade rule is in conjunction with carrying a knife having a blade over 3" with the unlawful intent to use the knife 'against the person of another" (MCL 750.226/5 yrs & $2,500). The Balisong, if it has a double edged blade, comes under the prohibition against a "dagger, dirk, stilleto," and if it's carried as a weapon as "any other dangerous weapon" (MCL 750.227 / 5 yrs & $2,500). The assisted opening knives, such as the Kershaw, present a different problem; there is no definitive holding that I have found which defines them as prohibited pocket knives "opened by mechanical device" (MCL 750.226a / 1 yr & $300). The courts may well make that leap, and in Michigan the courts have no real trouble making poorly supported leaps criminalizing things, but they don['t appear to have done it yet. If it isn't carried as a weapon, and yoiu can't be coaxed into saying something stupid like you would use it in self defense, it probably won't be considered illegal per se. |
A slight, but important, correction: the statute prohibits knives with blades over 3" if carried with intent to be used unlawfully against the person of another. |
But now we're back to the question of how do you prove ones intent? |
As in all matters of criminal law, it is the prosecutor's burden to prove beyond a reasonable doubt each and every element of a criminal charge. Going about my personal business, I never intend to use my knife unlawfully against the person of another, and strongly doubt any prosecutor could prove otherwise. |
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Regarding Kershaw's knives, a charge was brought against an individual by Waterford PD in 52nd (?) district court several years ago. Kershaw ended up sending a factory representative to court to demonstrate their mechanism and explain why it wasn't a switchblade. The charges were eventually dropped, but it was not an inexpensive nor pleasant experience I'm sure. The switchblade charge is a CPL disqualifying criminal offense, too. |