Overview of Knife Laws in Ohio
When it comes to knives and other bladed implements in Ohio, there are some basic rules to keep in mind. First, carrying a knife on your person is generally legal, as long as it is openly visible and you are not otherwise prohibited from carrying a concealed weapon under Ohio Rev. code Ann. §§ 2923.12, 2923.121. Carrying an automatic knife (also known as an "auto knife" or "switchblade") is treated similarly. If you are allowed to carry a regular knife, then you are allowed to carry an auto knife. There also may be some restrictions on how long the blade can be. A 1986 Ohio case stated, however , that a 2.5 inch spring-loaded blade knife could be carried and was not considered a deadly weapon for purposes of Ohio’s felony statutes.
Ohio’s autoknife laws, however, are a bit more relaxed on the federal level than federal law. Under federal law, an autoknife is defined as "any knife that has one or more blades which open automatically . . . and which is opened by shoulder pressure applied to the handle, or by any type of mechanical action." 15 USCA § 1244(2). The practical significance of this might be that certain knives like the popular OTF (Out The Front) models are perfectly legal under Ohio law but technically illegal under federal law.
Auto Knives Defined
Auto knives, which are also commonly known as switchblades, are essentially folding knives that automatically open when a button or lever on the handle is pressed. This is in contrast to folding knives, which must be opened manually, and fixed-blade and other traditional knives, which do not feature any type of opening mechanism at all. While folding knives will eventually wear down with regular use, which means the opening mechanism will likely become easier and easier to open over time, auto knives open as effortlessly and easily as they did when they were first purchased each time they’re opened.
Some auto knives cost only a few dollars and feature blades so small and dull that they’re primarily used as conversation starters. Others, however, feature incredibly effective, deadly and high-quality bladed steel that can open with such force that they have prompted lawmakers to ban them in various jurisdictions.
Legal In Ohio?
Unlike some other states, Ohio does not maintain a "prohibited switchblade knife list." This is not to say that auto-opening knives are legal across the board—far from it. The most recent statute to govern auto-opening blade knives was R.C. 2923.20, passed in 1953. Ohio Revised Code 14(b) still stands: "[i]t shall be unlawful for any person to manufacture, sell, offer for sale, possess, or have under such person’s control any knife . . . which consists of a blade which opens automatically, by hand pressure applied to the thumb tab or other part of the blade, or by some other mechanical device." There are a few exceptions, including if the knife is used for "legitimate industrial usage, including but not limited to use in metallurgy, glass, plastics, rubber, paper, wood, or other industrial processes, or legitimate sports usage, including but not limited to shooting, fishing, trapping, hiking, camping, or other similar activities." Or, it may be legal if you can prove that it is a collector’s item, or if it is being transported unopened and locked in a secure parcel shipment container.
According to R.C. Chapter 2923.20: (C) Except as otherwise provided in this section, it is unlawful for any person to manufacture, sell, offer for sale, possess, or have under such person’s control any knife in violation of division (A) of this section. (D)(1) Division (C) of this section does not apply to any person who manufactures, sells, offers for sale, possesses, or has under such person’s control any knife as a curio, ornament, or collectible that is unsuitable for use as a weapon, if such person demonstrates that the person satisfies one or more of the following: (a) That the person is a knife collector who participates in knife shows, reverse knife shows, or other conventions or exhibitions that involve the display or sale of knives. (b) That the person is a member of a knife collector’s association that is dedicated in whole or in part to the collecting of knives. (c) That the person possesses a current membership card, either within the possession of the person or readily accessible to the person, issued by the American Knife and Tool Institute, Inc., or the Knifemakers’ Guild, Inc., or any other knife manufacturer’s association or knife collectors’ association if such association was duly constituted at least five years prior to the effective date of this amendment. (d) That the person is a participant in the National Knife Collectors’ Association, the Professional Knifemakers’ Association, or the Knife Collectors’ Guild of the United States, or other knife collectors’ association formed prior to six months after the effective date of this amendment that does not have a purpose of opposing knife collecting. (2) If the person demonstrates that the person satisfies one or more of the criteria established in division (D)(1) of this section, the person also shall demonstrate that the person purchased the knife before the effective date of this amendment.
Exceptions and Restrictions
As for exceptions to the above, there is an exception for people who are using them for a "legitimate purpose." Ohio Rev Code § 2923.20(C) provides as follows: Nothing in division (B) of this section shall prohibit any person from possessing, carrying, or using a switchblade knife for a legitimate purpose.
A "legitimate purpose" is one that is found to be "reasonable under the circumstances." There are no further clarifications of what a "legitimate purpose" might be beyond that it has to be reasonably related to one of those six (6) listed purposes. Id.
There is also a "safe harbor" for otherwise legal switchblades [or auto knives] that have already been manufactured. Specifically, Ohio law defines a switchblade knife as being illegal if it has "a spring-operated, timed, or other device …" "which automatically opens, or slides or springs out or otherwise releases" when "a button, spring, or other device … is pressed." Ohio Rev Code § 2923.20(D)(1). However, Ohio Rev Code § 2923.20(G) further provides that this excludes knives which "are no longer manufactured" and also those which were "manufactured before June 11, 1958."
Effects of Federal Law
The prospect of federal laws altering the legality of auto knives in Ohio is slim. Presently, no federal law renders possession or use of a knife illegal or criminalizes particular types or classes of knives. In fact, two federal laws confirm the legality of personal knife ownership generally and the transportation of knives across state lines for personal use.
The first is the Federal Switchblade Act of 1958, Pub.L. 85-623 § 1, 72 Stat. 562, 15 U.S.C. § 1241. This Act outlaws switchblade knives in interstate commerce and prohibits their importation into the United States. Though the Act regulates a particular type of knife, it does not regulate most modern auto knives. The Act defines switchblade knives in relevant part as:
any knife or similar device which has a blade which opens automatically:
The second is the Knife Owners’ Protection Act of 1987 , 15 U.S.C. § 1243. As explained in relevant part:
(a) It is the purpose of this section to clarify the intent of Congress with respect to federal, state, and local regulation of commerce in knives, and to protect the right of an individual to purchase, possess, and carry knives without being subjected to technology and media that include positive government reinforcement of a culture of surveillance on individuals themselves.
(b) For purposes of this section, the term "knife" means any dagger, dirk, stiletto, knife, pen knife, pocket knife, utility knife, box cutter, or other tool which has a blade with a sharp point or a sharp edge capable of ready use for slicing, cutting, stabbing, or piercing a person or an object and which has been constructed or altered for use as a weapon.
Tips for Professional Knife Collectors
When it comes to owning and carrying auto knives in Ohio, there are definite advantages to being a novice without a significant collection. Existing collectors interested in adding an automatic knife to their inventory or high-end enthusiasts with several autos are best to speak with a knowledgeable attorney and understand exactly what Ohio law allows. For new collectors and those who enjoy free collecting, sticking to the straight blade models available through multiple vendors is the easiest way to stay out of trouble under Ohio law. For the adventurous, other knife types may be strictly illegal, but exciting to collect nonetheless. A number of dealers exist to help knife enthusiasts make their collections as authentic as possible, while buyers can contribute to the community through responsible purchases. In-depth knowledge of Ohio knife laws is the key to adding these beautiful pieces in a lawful way.
Knife Resources and Contacts
Ohio State Bar Association Knife Rights Committee – The Ohio State Bar Association has numerous committees that aid practicing attorneys on the current state of the law, resources for practice, and statewide organizations. The OSBA Knife Rights committee works on legal issues related to knife laws. The Committee’s webpage serves as a clearinghouse of knife-dispatriot information and is an excellent start for learning more about knife rights in Ohio.
Open Carry (OpenCarry.org) – OpenCarry . org is a national organization which advocates for the right to carry weapons openly and presents legal options for individuals who carry weapons in public. The organization’s website has attorney recommendations for each state, including Ohio, as well as an active network of individuals to provide information.
Knife Rights – Knife Rights is a non-profit organization that advocates for the rights of individuals to use and carry knives. The organization’s website includes a number of resources, including an automatic knife legal guide, an informative blog, and a legal center to address specific knife issues.