Switchblade, Knife and Blade Possession Charges

Switchblade, Knife and Blade Possession Charges: An Overview for the Average Person

Switchblades, knives, and other bladed weapons are tools that many of us use everyday. However, there are a lot of laws around possessing and carrying these items that the average person may not be aware of. This article aims to break down the key things to know in simple terms, so you can stay on the right side of the law.

What is Considered a Switchblade?

The legal definition of a switchblade includes any knife that has a blade over 2 inches long that can spring open automatically with the press of a button or flip of the wrist. Some examples are:

• Spring-loaded knives
• Snap blades
• Fan blades
• Butterfly knives

Basically, if it can flip open easily without you having to manually swing it open, it likely falls under switchblade laws. The exception is assisted-opening knives where you have to start opening it manually first[1][2].

Federal Laws on Switchblades

The main federal law is the Federal Switchblade Act from 1958[1]. This law does two key things:

• Makes it illegal to import, manufacture, sell or transport switchblades across state lines as part of interstate commerce
• Bans possession of switchblades in U.S. territories, Native American reservations, federal buildings and schools

So buying a switchblade in your own state is fine. But crossing state lines with it or buying it online from another state is a no-no. Penalties can include fines up to $2,000 and 5 years in prison[1].

There are some exceptions, like if you only have one arm you can possess a small switchblade. And members of the military can possess them on duty[1].

State Laws on Switchblades

While federal law mostly deals with selling and transporting switchblades, state laws handle possession and carrying. Unfortunately, state laws are kind of a mess because they vary so much.

Roughly 44 states allow ownership of switchblades, but over half have some restrictions[5]:

• 7 states ban possession completely (CA, CO, DE, HI, MD, NH, NJ)
• 15 states allow ownership only in your home (CT, FL, IA, MA, MI, MN, NC, NY, OH, OK, RI, SC, TX, VA, WI)
• 11 states allow you to carry concealed (AK, AZ, ID, KS, KY, LA, MT, ND, NV, TN, WV)
• 21 states have no restrictions (AL, AR, GA, IL, IN, ME, MS, MO, NE, NM, OR, PA, SD, UT, VT, WA, WY)

So in summary – check your local laws! Carrying across state lines gets even more complicated.

Penalties for Switchblade Possession

If caught with a switchblade, penalties vary by state but are often misdemeanors punishable by:

• Up to 1 year in county jail
• Fines up to $1,000
• Probation

In California for example, it’s an automatic misdemeanor with up to 6 months in jail and a $1,000 fine[4].

In Colorado, it’s a misdemeanor with 6-18 months jail time and fines up to $100,000[2]!

What About Regular Knives and Other Blades?

Switchblades aren’t the only kind of knife or blade that’s regulated. Most states have laws restricting:

• Double-edged blades
• Throwing stars
• Brass knuckles
• Daggers
• Stilettos

And there are often limits on blade length. For example, in California you can’t carry concealed knives over 2.5 inches without a permit[4].

Some states have banned exotic “combat knives” like ballistic knives (detachable blade propelled by a spring) [1].

Bottom line – make sure to check laws on any bladed weapons before buying, carrying or transporting them. When in doubt, leave it at home!

Exceptions for Work, Hunting, Fishing etc.

There are exceptions to knife laws for certain professions and activities like:

• Fishing
• Hunting
• Camping
• Work duties (e.g. chefs)

Usually these allow transport of larger blades directly to and from the activity. But don’t go shopping at the mall with your fishing knife!

Some states require permits or licenses for these exceptions so verify before relying on them[6].

Are Switchblades and Knives Completely Banned in Airports?

Yes – don’t try to carry a switchblade or any knife through airport security!

Federal law bans all knives and blades in airport secure areas. TSA guidelines say blades over 2.36 inches are also prohibited in checked bags.

Leave the switchblade at home unless you want to lose it and face questions from the TSA. Transport it properly packed in checked luggage only if allowed by local laws.

Can Switchblade or Knife Possession Charges Impact Immigration?

Yes, it is possible for possession convictions to trigger immigration consequences like deportation or denial of citizenship.

Crimes involving “moral turpitude” or “aggravated felonies” can often result in removal. Some factors include[4]:

• Type of knife (e.g. gravity knife, dagger)
• Intent to use as a weapon
• Prior criminal record

Consult an immigration attorney if facing charges. It’s important to try avoiding a conviction through plea bargaining or other options.

What are Some Legal Defenses if Charged?

There are several legal defenses if you get charged with switchblade or knife possession[3]:

• Lack of intent – in some states, prosecutors must prove you intended to use it as a weapon
• Lack of knowledge – you didn’t know you had the knife on you
• Invalid search – police found the knife through an illegal search
• Misidentification – the knife doesn’t meet the legal definition of a switchblade or banned blade
• Momentary possession – you briefly handled it but didn’t actually possess or own the knife
• Self-defense – you carried the knife solely for protection against a credible threat

An experienced criminal defense lawyer can evaluate the specifics of your case and build an effective defense strategy.

How Can Charges Be Reduced or Dismissed?

In many cases, a skilled attorney can negotiate with prosecutors to reduce charges to a lesser offense or have them dismissed entirely.

Some options are:

• Plea bargain – plead guilty to a reduced charge to avoid a harsher sentence
• Diversion program – complete community service, classes, etc. and charges are dropped
• Suppress evidence – get an illegal search thrown out so there’s no evidence
• Show lack of criminal intent – no intent to harm or use as a weapon

Fighting to avoid a criminal conviction is important to avoid long-term impacts on jobs, licenses, immigration status and records.

Will a Conviction Go on my Permanent Record?

It depends on the specific offense and state laws. Some misdemeanors can be expunged from your record after completing your sentence. Felonies are more difficult to expunge.

For example, in California a switchblade conviction can be expunged because it’s a misdemeanor with no jail time. But other states treat it as a more serious offense[4].

Consult an attorney about options to minimize long-term damage to your record. It takes time, but clearing your record is possible in many cases with the right legal help.

Final Tips on Staying Legal

• Always check local and state laws before buying, selling or carrying any knife or blade. Crossing state lines complicates things.
• Transport blades properly packed and stowed away. Don’t keep them on your person without the proper permits/licenses.
• Avoid blades that are restricted like switchblades, double-edged knives, daggers, etc.
• Never take a knife or blade to a federal building, airport, school or other prohibited place.
• If charged, hire a criminal defense lawyer to protect your rights. A conviction can haunt you for life.

I hope this breakdown helps provide some plain English tips about switchblade and knife laws! The number one rule is staying informed on your local regulations. We all want to stay safe and follow common sense rules, while still being able to use practical tools. With a little education, we can avoid unnecessary risk and enjoy our gear responsibly.