Suppressors whats the legal blade length?

blacklable

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THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931


750.226 Firearm or dangerous weapon; carrying with unlawful intent.

Sec. 226.

Carrying firearm or dangerous weapon 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. so would I be able to carry a knife with a blade over 3" as long as I don't tend to be no harm to anyone? help I'm truly confused
 

Jeffvn

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Re: whats the legal blade length?

Free legal opinions are worth what you paid for them. Your reading is one of several possible "reasonable" interpretations of that section.

That having been said you're going to be the one that has to do the time and make the final decision on carrying the knife.

We have a similar 3" blade law in Nevada (In Texas, the length is 4 or 5"). Since moving to Nevada from Texas, I now carry a blade that is 2 3/4" for my daily carry pocket knife (frigg'n tiny if you ask me), but still carry my various Emerson and Strider fixed blades on my pack and person when hiking and in the field.

JeffVN
 

Babo

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Re: whats the legal blade length?

In Texas it's 5 1/2 inches.
The Texas Penal Code, Section 46.05:
(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by being thrown;
(C) dagger, including but not limited to a dirk, stiletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
(7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.
 

lone_soldier

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Re: whats the legal blade length?

i think that just means if you use a blade of over 3 inches for assault of something like that they can fry you for it. it covers anything if you think about it, "any other dangerous" weapon" a belt could be considered a dangerous weapon. i think your GTG as long as its not rediculous. dont have a 8 or 9 inch hunting knife on you while in redlobster. i think any decent sized pocket knife would be fine, thats the problem with the law sometime. we cant always interpret it correctly. if your caught driving recklessly and are carrying a 5 or 6 inch knife they might gig you for carrying a weapon with intent to use it. hard to tell really. they are pretty clear about unlawful intent in that though. you should be good to go as long as your in the right??

hard to tell my friend

call your local pd and ask for clarification

josh
 

drmarc

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Re: whats the legal blade length?

MSP Carry Conceal Web Page

The excerpt below is from the Michigan State Police CC page....

<span style="color: #33CC00"><span style="font-weight: bold">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. </span></span>
 

blacklable

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Re: whats the legal blade length?

so in other words I can carry a knife with a blade longer then 3 inches as long as I don't intend to use it on someone?
 

drmarc

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Re: whats the legal blade length?

That's the way it reads. Make sure you carry this knife on a daily basis so you have a legitimate defense if you have to actually use it to defend yourself. A knife you carry daily is a "utility" knife, a knife you carry only when you go out at night or into a seedy part of town AND happen to use in self defense could be breaking the law by their definition....

Another thought, many states seem to used some mythic "4" inch rule for blade length laws, I'd carry a good quality folder in the 3 to less than 4 inch range in length. Just a thought if you want to travel and take it with you.
 

Arch

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Re: whats the legal blade length?

It really is a good question.

I once flew from Albert Ellis to Charlotte to Atlanta to Cincinnati to Newark to Zurich to DeGaulle to Prague, one way, with a Benchmade/Emerson in my pocket. Only in Cincy did they stop me when it went through the detector because they did not like the small serrated teeth, and I only left the secured area long enough to dine on some Skyline Chili. But they allowed me to carry it onboard. 1997. Those were the days....
 

blacklable

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Re: whats the legal blade length?

the reason why I asked this question is I;m looking at a new carry knife which is a Emerson mini commander. I love Emerson knives I already have one a cqc-7.But here's the thing the mini commander's blade is 3.2 inches long and I don't want to get hassled by the cops. So I would be able to carry it?
Thanks Mike
 

GCMxVeGeTa

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Re: whats the legal blade length?

Just carry a Cherokee Tomahawk on you for protection, since its not a "knife".
wink.gif


In all seriousness, the blade I carry all the time is only 2.75" and my deer skinning knife is 4.0". I doubt any police around here in NC would ever say anything, most of them I know carry huge Gerber knives so they can break glass/cut seat belts/etc...
 

ltfirehunter

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Re: whats the legal blade length?

Litigations, and the prosecuter is the largest part of problem carrying a fixed blade or folder. If an incident occurs and you have to use a knife in self defense they are going to look at the type, manufacturer and intended use as advertised.
Like drmarc stated if is used as a utilty knife, your job or activity at the time had best match the product.

This is how it was explained to me by some LEO's and few others that in my opinion knew what they was talking about.. NOT just a bunch of blow holes.
If you have a CCP,and carry a knife as a form of backup.(legal length) you should be fine. But if you enter a place where it says no weapons permitted leave it in the car because if you don't, you will in there eyes be breaking the law.
 

Graham

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Re: whats the legal blade length?

I don't give free legal advice, especially on a public forum, and I am not your lawyer, but here are some things you may want to consider:

Knives in general

The general concealed weapon law, MCL §750.227(1), makes it a felony to carry a “dagger, dirk, stiletto, double-edged non-folding 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 a motor vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on land possessed by the person.”

Automatic Knives

MCL §750.226(a) provides that “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 [not to exceed one year in jail]”

Carrying a Knife “With Intent”

MCL §750.226 provides that “Any person who, <span style="text-decoration: underline">with intent to use the same unlawfully against the person of another</span>, goes armed with a pistol or other firearm or dagger, dirk, razor, stiletto, <span style="text-decoration: underline">or knife having a blade over 3 inches in length</span>, or any other dangerous or deadly weapon or instrument, shall be guilty of a [five year] felony...”

The previous three paragraphs make up the bulk of what is a very tricky and misunderstood area of the law in Michigan.

Now look up the definition of “dangerous weapon": It specifically includes the word “knife.” Ask yourself whether that is all a police officer would need to know to arrest you for the felony of carrying a concealed weapon after finding one on you subsequent to a search. Ask yourself also whether the same would apply to any knife found concealed on or about your person, or whether concealed or not, in a motor vehicle.

Some people may tell you that it is legal to carry a knife concealed in Michigan provided that it is not an automatic knife and that it is a pocket-style knife, not designed or customarily used as a weapon.

OK, let's say your 3 1/2"-bladed 'pocket knife' was not designed, manufactured or marketed as a fighting knife, is not used as a weapon, and you do not intend to use it as a weapon. Is it legal?

What if it is an Emerson 'Commander' pocket knife? How is that knife, or that kind of knife, used, generally worn, or marketed? Still legal?

What about if your 'utility' or 'pocket knife' is ever <span style="text-decoration: underline">used</span> as a weapon? Does it then become a 'dangerous weapon' because you used it to protect yourself? What about if you only intended to carry it for the purpose of protecting yourself - maybe you told someone that is why you carry it - but you never used it for that purpose? Is it then a weapon?

If you have reason to arm yourself, for the purpose of self-protection, would it make better sense to get training, get a permit, and lawfully carry a concealed firearm?
 

ltfirehunter

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Re: whats the legal blade length?

And I agree, each state will have there own jacked up opinion and law for this.
Due to being a firefighter and EMS personel I fell under the catagory of being able to carry an automatic knife. But probably under the letter of the law ( or however they might want to look at it) after the shift was completed it this knife should not be carried.
If they want to harrass and jack a person up for what ever reason they will find a way to ruin your day.
 

ToddM

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Re: whats the legal blade length?

The other thing you have to realize that I've seen come up in court cases is HOW the blade is measured. Most manufacturers measure the sharpened part of the blade without counting the curve. I have seen courts measure the sharpened part of the blade along the curve with a flexible tape, and I've also seen them measure on folders from the pivot point to the tip. So what a manufacturer might say is 2.75" might easily measure in court over 3". They don't have to just take the manufacturers specification.

That said this is the issue we face, if you use it in self defense or if a cop stops you and wants to be pissy it can be an issue. However, this is also true of any firearm that is not as it came out of the factory box as well. If you have to shoot someone pray it's with a bone stock out of the box firearm, if you have a heavily modified firearm, that's had custom or worse yet owner modifications, prepare to be racked over the coals for it.

If you live in MI and you want the answer to your question call up the attorney general and have him/his office give you a written opinion on the law as it applies to you carrying a knife with a blade over 3" with no intent to harm others. Cops can't be trusted on these issues, ask 10 of them the same question and you will get 5 different answers. A judge would not even have to accept the attorney general gave you written statement saying it was okay, but it's about the best you can do in court if you are going to push the law.

If you want to be 100% safe, carry a knife that's under 3" from the pivot point to the tip.
 

Graham

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Re: whats the legal blade length?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ToddM</div><div class="ubbcode-body">If you live in MI and you want the answer to your question call up the attorney general and have him/his office give you a written opinion on the law as it applies to you carrying a knife with a blade over 3" with no intent to harm others.</div></div>Won't happen; that's not a service they provide.

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ToddM</div><div class="ubbcode-body">If you want to be 100% safe, carry a knife that's under 3" from the pivot point to the tip.</div></div>My point is that the issue is not blade length, so there is no '100% safe'.