When is a knife a concealed weapon?
The question this week was about pocket knives or knives you can legally carry on your belt.
As taken directly from the email, “I was looking at buying a knife to carry. I was looking at the state laws regarding that, and they seem a little confusing. As far as I can tell, no concealed fixed blades of any length are legal to carry on your person, but I could not find a legal length for a folding pocket knife.”
A number of people out there probably do not realize that carrying a knife with a fixed blade on your belt or in a pocket could be considered carrying a concealed weapon.
MCL 750.227 discusses “Concealed Weapons.” Section 1 states, “A person shall not carry a dagger, dirk, stiletto, a double-edged non-folding stabbing instrument of any length … 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 …”
If a person were to be found carrying a knife as a concealed weapon, they could be found guilty of a felony that is punishable by imprisonment for not more than five years, or by a fine of not more than $2,500.
MCL 750.226 covers “Firearm or dangerous or deadly weapon or instrument; carrying with unlawful intent.” Within this statute, the law discusses in Section 1: “A person shall not, with intent to use the same unlawfully against the person of another … (carry) a knife having a blade over 3 inches in length…”
With that said, the only location I can find a length as it relates to a knife is in that statute. However, that statute also covers the fact that the person has the intent to commit a crime.
If a citizen is carrying a typical folding pocket knife, and it is of a reasonable length or what most people would consider normal length, there should not be much of a problem.
However, every officer you encounter could interpret the knife and the law differently. The main factor is going to be what your intended use is for the knife.
One exception to all of this would be the “Hunting Knife Exception,” which can be found in the Michigan Supreme Court Model Criminal Jury Instructions Chapter 11 (M Crim JI 11.9).
That exception would allow anyone who does not have a permit for a concealed weapon to carry their hunting knife on their belt or concealed in another fashion while hunting.
Under M Crim JI 11.9, the “statute does not apply to a hunting knife adapted and carried as a hunting knife. A hunting knife is described as a large, heavy, wide-bladed knife with a single cutting edge that curves up to a point. It is typically used to skin and cut up game.”
If a person tries to claim a knife that they have concealed is for the purpose of hunting, then the following circumstances will be taken into account: whether it is hunting season, whether the defendant was hunting at the time he or she was arrested, or going to or from a hunting excursion.
Ashley Simpson is a community service trooper for the Michigan State Police-Alpena Post. If you have a question for Trooper Simpson, you can email her at asktroopersimpson@gmail.com or mail them to Ask A Trooper, Michigan State Police-Alpena Post, 3283 W. Washington Ave., Alpena, Mich., 49707.