An Overview of Knife Statutes in Ohio
In Ohio, the legality of certain knives depends on how they are classified. Knives fall into two categories: automatically opening knives and folding knives. In the majority of these cases, the law simply considers the second category, folding knives, to be lawful as long as they are not prohibited by other laws in the state or local community. These concerns may include item classification, intent, and size.
Until very recently, Ohio state knife laws provided a knife classification scheme for knives. These laws stated what the offense was for various knife classifications and also listed out the criminal penalty for each classification. An automatic knife was defined as "any knife that has a blade that opens automatically by manual, mechanical or other means, such as a spring latch , given a light pressure applied to the blade or handle." This category included switchblade knives, spring knives, and similar. The Ohio Supreme Court previously held that "pen knives," "scout knives," "utility knives," and "safety box cutters" fall within the definitions of an automatic knife. This court case defined all of these knives as switchblade knives, and therefore, automatic knives. In this case, the court ruled that "the use of a common and ordinary interpretation of the words used [in the statute] indicates that the General Assembly contemplated, and intended to cover, all knives that meet the broad characteristics of a switchblade." Until recently, automatic knives were illegal in Ohio. However, due to gang violence, the legislature repealed automatic knife legislation and introduced new regulations for those knives.
Automatic Knife Description and Style
Automatic knives, sometimes called pocket knives or switchblades, are specifically defined in Category Five, Rule Three AA of the Ohio Administrative Code (OAC) as a knife with a blade which opens automatically by gravity, by a manual, mechanical or spring mechanism or by a combination of two or more of those actions. These knives being defined as "automatic knives" goes almost directly against the very nature of the knives functionality, but it is the most accurate legal definition of the term as set out in the law. Automatics usually feature a blade less than five inches long that deploys when the user pushes a button or slides a lever that releases the blade from its handle. A small notch along the handle’s edge is designed to catch the blade when it releases so that the user can then push the blade out to full extension, creating a knife with cutting capability.
Automatic knives or switchblades come in all sizes and shapes, but the fundamental basic characteristic that distinguishes them from all other knives is the fact that the blade deploys when the user pushes a button. The quickness in which the blade deploys is also a distinguishing characteristic; most models deploy in less than 1 second.
Recent Legislative Changes on Automatic Knives in Ohio
Updates on the legislation affecting automatic knives are important for our Ohio readers. Recent bills have been introduced in the Ohio House of Representatives to address issues with how the state law defines automatic knives. HB45 and SB 156 were introduced on February 6, 2019 to replace the outdated definition with one that does not unfairly target common pocket knives for ban. The proposed definition in the bills reads:
"(A) ‘Automatic knife’ means a knife with a blade twelve inches or less in length and possessing any of the following characteristics:
- (1) The blade, which includes the handle and any spring mechanism, is opened by a button, lever, or other mechanical device in or attached to the handle of the knife;
- (2) The blade, which includes the handle and any spring mechanism, is opened by a twisting motion of the wrist;
- (3) The blade requires no twisting of the wrist, but has a detent, ball bearing, or similar device and a blade that is sprung, electromagnetically, or otherwise released from a removable handle to an open position or extended with the use of gravity, inertia, or centrifugal force;
- (4) The blade is disengaged from a partially opened position to extend into an open position by either holding the handle still and applying an opposing force to the blade or swinging the handle of the knife.
(B) ‘Automatic knife’ does not include an automatic knife that is an antique and was manufactured prior to 1955, or a handi-knife or a knife designed for ultrasonically cleanable use."
Legal Ramifications and Punishments
The penalties or legal consequences attached to violating knife laws in Ohio will depend upon the specific violation. For example, a folding knife carried as an ordinary pocket knife is generally not an arrestable offense; however, "nowhere" knives are considered illegal and will result in criminal charges.
If you are caught carrying an automatic knife in Ohio, you can be charged with a fifth degree felony. A fifth degree felony could potentially result in six to twelve months in prison and carry a fine of up to $2,500. In addition, you could be subjected to probation, as well as a suspension of your concealed weapon’s license and possible confiscation of your knife or weapon.
If you are found in possession of any knife that is considered "illegal" or "prohibited", the knife is subject to seizure by the State, and you could be arrested for carrying a concealed weapon. Witnesses may be asked to identify you and a potential illegal knife found on your person at the time of a search, such as a Terry stop. A conviction could lead to serious criminal penalties, as Ohio knife laws are taken seriously, depending on the type of knife and whether you have a concealed weapon’s license.
In addition to the above-mentioned possible legal penalties for violation of Ohio’s knife laws, it is a good idea to be aware that you could be subject to civil penalties, lawsuits, or complaints filed against you with the Ohio Board of Nursing or other professional boards as well.
A Comparison with Other Related Knife Statutes
Regarded as the knife producing capital of the United States since the mid-1900s, the "Buckeye State" has had a long-standing and reasonably tolerant relationship with knives. Although Ohio was relatively knife-friendly for most of the 20th Century, in 1988 it passed R.C. 2923.20, mandating that any knife that can be opened automatically by "an outward motion or sliding of the blade while the blade is contained within the handle" is considered a deadly weapon. This meant that no person could legally carry a knife that had this function, even if the blade was in the closed position. Less than two years later, however, it amended R.C. 2923.20 to recognize the knife that was originally made famous by the Buck Knife Company, which was later acquired by the Ohio-based Fortune Brands Inc., as a valuable piece of American heritage and no longer subject to the strict automatic knife provisions of R.C. 2923.20.
Unfortunately, while Ohioans still enjoy complete freedom to carry the classic Buck 110 Hunting Knife without fear of arrest, many are still arrested for carrying other types of automatic knives in Ohio, despite the fact that the Buck 110 essentially has the same automatic blade opening mechanism as most other "switchblade" knives that Ohio law criminalizes. Of course, the fact that these knives are occasionally illegally carried by Ohioans does not mean that they are all illegal, as the state law only considers them illegal if they are carried in public for "purposes related to a weapon . " As with many other laws across the nation that govern the possession of automatic knives, an important part of whether or not it’s illegal to do something is to answer the question: What are you going to do with your automatic knife?
Ohio’s neighboring states also vary greatly with respect to whether or not automatic knives are illegal. For example, the majority of its northern neighbors have very few restrictions on the possession of knives, but its state to the south, Kentucky, places almost the same automatic knife restrictions on its citizens as Ohio. Kentucky’s anti-switchblade law just like Ohio’s, but also prohibits carrying possession of any "knife in which the blade is released from the handle or sheath by a mechanically operated device." This means that even if the knife is not automatic and does not have the same blade-opening mechanism as the typical automatic knife, it still is likely to be illegal to be carry at any time in Kentucky.
Finally, moving to its closest neighboring state to the West, Indiana is most like Ohio, but its law is actually even more strict. Similar to the case in Ohio, under Indiana Code Annotated 35-47-5-2, automatic knives are illegal to possess in public, even in a closed position. However, unlike in Ohio, Indiana also seems to prohibit possession of automatic knives in the home, removing that previous safety net that once potentially prevented many local law enforcement officers from being too strict in enforcing their automatic knife laws.
Common Sense Recommendations for Ohio Knife Enthusiasts
For most carry knives, it’s reasonable to expect that there should be a reasonable opportunity to use the knife for a utility purpose, such as cutting rope or packaging. The Ohio courts might not be that liberal, but it’s a good idea to stick to this rule of thumb when choosing your carry knife or when considering if your automatic knife has a legitimate utility in your daily life.
From the perspective of human interaction with the knife, a solid rule of thumb is to keep the blade less than 2 1/2 inches. Sub-2 1/2 inch blades can be opened with the thumb with relative ease and concealing such knives is not as difficult. Smaller automatic knives are also relatively inexpensive to replace if lost or confiscated. Maybe the greatest drawback, however, is that such knives may be more difficult to grasp because the blade tip cannot be grasped by the fingers while the knife is still in the closed position, so you have to be careful that you don’t end up slicing your thumb the first time that you give the blade a flick to open the knife.
While the specific issue of carry knives is covered quite specifically in Ohio law, any discussion of knives would be remiss not to at least touch upon the issue of knuckles. These weapons deserve only a brief discussion because knuckles, even without spikes, have long been considered a weapon and fall under the standard analysis that an object which can be used for both utility purposes and as a weapon is not prohibited. While knuckles with spikes may be prohibited outright in Ohio, unspiked knuckles are either prohibited or are one of the few weapons in Ohio which may be carried concealed without a permit.
Always carry for utility and an understanding of the law and you should be good, though the law is likely to change in Ohio, darn soon.
Public Consensus and Potential Danger
To gauge the general public’s opinion and existing safety concerns regarding automatic knives, it is helpful to review existing sources of information. One question frequently asked is "Do most Ohioans approve of knives in general?" The OHIO STANDS YOUR GROUND Shooting and Knife Survey attempts to substantiate or refute claims on concealed carry and self-defense. In answering the question "How do you perceive the knife threat level in Ohio (meaning, do you think that knives are a strong factor in crime in Ohio)?" the survey found that 93.79% of respondents did not believe that knives represented a strong factor in crime. In response to the statement "Guns or knives sold in stores should be required to have a child safety lock mechanism," 87.37% of respondents responded "No." In response to the statement "Own an automatic/opening knife that is legal in Ohio," 36.79% of respondents stated that they owned such a knife. That is a significant number of Ohioans who own automatic knives despite their relative ambiguity in terms of legality and who seem to not feel that there is any substantial threat from knives in the state. Overall, while the results of the survey show that knives, and by extension automatic knives, are reasonably well accepted by Ohioans, they also suggest that there may be "room for improvement" in public awareness of knife laws in the state, especially near gun shows, where the lack of clarity on the law may lead vendors or other authorities to misunderstand the legality of automatic knives in the state.
What’s in Store for Ohio Regarding Automatic Knives
As we look forward to the future, one thing is certain: automatic knife legislation in Ohio will eventually come to an end. Law enforcement officers, legislators and an overwhelming majority of Ohioans understand the simple fact that automatic knives are no more dangerous than any other knife. It is just a matter of time until laws reflecting this common sense reality are passed into law. The question is when?
In June of 2015, the Ohio House of Representatives passed Substitute HB 143 which proposes a number of changes to automatic knife laws. The most significant change proposed is a new definition to distinguish automatic knives from "switchblade" knives. Substitute HB 143 requires that "switchblade" knives include some sort of spring or otherwise flexible device to facilitate the automatic opening of the blade . The bill goes on to expand that any automatic knife with "a finger hole cut in the blade or a protrusion on the blade to facilitate opening by the thumb" will be considered a switchblade knife. Opponents to Substitute HB 143 fear that this language will have unintended consequences that will make far too many "automatic" knives illegal. Advocates for Substitute HB 143 maintain that no knife will be legal under the new law considering almost every automatic knife has a finger hole or thumb activation. Naturally, neither side wants a bill that makes knives in Ohio illegal.
Bipartisan support for automatic knife legislation remains strong in Ohio. One week after the bill passed out of the full House, the House Criminal Justice Committee introduced HB 350 proposing to clarify that automatic knives are legal in Ohio. The future of automatic knife legislation in Ohio continues to be a partisan issue with heavy pushback coming from anti-knife organizations.