Posted: 1/7/2009 6:35:24 AM EDT
|
It was suggested I steer this conversation here.
The great knife debate What is the consensus opinion on a: folders over 3" and b: spring assisted mechanisms? |
|
I will post what I said in there:
There is no state law in MI that says your knife is illegal to carry if it's over 3". The law only states it's illegal to carry if the INTENT is to use unlawfully. FAQ from the Michigan State Police site: 5. 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. Link to the actual law: http://www.legislature.mi.gov/(S(fewgty55ysjkgz3vklylxtbl))/mileg.aspx?page=GetObject&objectname=mcl-750-226 also you have this where "any other dangerous weapon" can't be carried concealed: 750.227 Concealed weapons; carrying; penalty. Sec. 227. (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. (2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a 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, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license. (3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00. |
|
Quoted:
Sec. 227. ................... or any other dangerous weapon, . Oh that's cute. Nothing like a loophole for the prosecution. So as I mentioned in the other thread, my concern was with regard to "intent" and if it could "become" an issue in a self defense situation. I also saw nothing on the State FAQ with regard to "assisted opening technology" not a true auto / switchblade but rather spring assisted once motion is initiated manually. |
|
750.226a Pocket knife opened by mechanical device; unlawful sale or possession; persons exempted.
Sec. 226a. 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. History: Add. 1952, Act 233, Eff. Sept. 18, 1952 Its only a misdemeanor but I wouldnt want to push the issue. You could hack off an arm and carry one. |
|
The above post on automatic knives can be read several ways. I believe assisted opening knives are legal, but true automatics are not. I could be wrong, but I know many people that carry assisted openers, and they are easily purchased almost anywhere in MI (although these two things don't necessarily make them legal).
Now an additional question. If I'm reading the law correctly, then I can legally carry a fixed blade knife or a folding knife, with a blade longer than 3", as long as my intent for carrying it is legal. Is this correct? |
|
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
I would read that as yes, you could carry a fixed blade provided that it's not concealed in any way shape or form. So basically, unless it's strapped to the outside of a jacket I think you'd be SOL in the winter. That's based on concealed pistol laws and the notion that as soon as you put on a jacket, vest etc. that covers the belt it's concealed. I think they could hit you with the "dagger or dirk" definition. Actually they might get you on the fact that it's not a hunting knife adapted and carried as such 
|