Indiana Knife Law: stop the misinformation!

[cubby]

7-19-2009

in a nutshell, but does not include if you are commiting a crime, or special permission on school property:

no autos. no throwing stars. no carrying while on a school bus, bus being used for school activities, or in a school.


know the law. too much misinformation out there on whats legal and whats not.

IC 35-47-5
Chapter 5. Prohibited Instruments of Violence
IC 35-47-5-1
Repealed
(Repealed by P.L.123-2002, SEC.51.)

IC 35-47-5-2
Knife with blade that opens automatically or may be propelled
Sec. 2. It is a Class B misdemeanor for a person to manufacture, possess, display, offer, sell, lend, give away, or purchase any knife with a blade that:
(1) opens automatically; or
(2) may be propelled;
by hand pressure applied to a button, device containing gas, spring, or other device in the handle of the knife.
As added by P.L.311-1983, SEC.32. Amended by P.L.70-2000, SEC.2.

IC 35-47-5-2.5
Possession of a knife on school property
Sec. 2.5. (a) As used in this section, "knife" means an instrument that:
(1) consists of a sharp edged or sharp pointed blade capable of inflicting cutting, stabbing, or tearing wounds; and
(2) is intended to be used as a weapon.
(b) The term includes a dagger, dirk, poniard, stiletto, switchblade knife, or gravity knife.
(c) A person who recklessly, knowingly, or intentionally possesses a knife on:
(1) school property (as defined in IC 35-41-1-24.7);
(2) a school bus (as defined in IC 20-27-2-8); or
(3) a special purpose bus (as defined in IC 20-27-2-10);
commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if the person has a previous unrelated conviction under this section and a Class D felony if the offense results in bodily injury or serious bodily injury to another person.
(d) This section does not apply to a person who possesses a knife:
(1) if:
(A) the knife is provided to the person by the school corporation or possession of the knife is authorized by the school corporation; and
(B) the person uses the knife for a purpose authorized by the school corporation; or
(2) if the knife is secured in a motor vehicle.
As added by P.L.72-2006, SEC.9.

IC 35-47-5-12
"Chinese throwing star" defined; related offenses
Sec. 12. (a) A person who:
(1) manufactures;
(2) causes to be manufactured;
(3) imports into Indiana;
(4) keeps for sale;
(5) offers or exposes for sale; or
(6) gives, lends, or possesses;
a Chinese throwing star commits a Class C misdemeanor.
(b) As used in this section, "Chinese throwing star" means a throwing-knife, throwing-iron, or other knife-like weapon with blades set at different angles.
As added by P.L.318-1985, SEC.2.


as found on Indiana Code 35-47-5




maybe we could get this as a STICKY?

 

[doglb]

Thanks for the info!
I have always wondered though, when they make up all these laws-
Why cant they just be written in plain english?
I get confused trying to decipher all the "Mumbo Jumbo"

Cant they just make it simple?

 

[flatlander]

Thanks for the info!
I have always wondered though, when they make up all these laws-
Why cant they just be written in plain english?
I get confused trying to decipher all the "Mumbo Jumbo"

Cant they just make it simple?

That would make sense and they'd be out of a job!!

Bob

 

[Scutter01]

Cant they just make it simple?

Simple == Loophole

If you don't cover every contingency, you don't cover anything. Look at how people pore over even just the comma in the 2nd Amendment.

 

[xamsx]

Good post to clarify.

I was looking into getting a S&W S.W.A.T. assisted opener (large model) a little while back, but after doing a search of and reading through the IN knife laws, I found it would be illegal, due to it's spring.

 

[Donnelly]

I used to own two or three Chinese throwing stars that I swear I bought in the Logansport mall years ago. Must have been before they wrote that part of the law. I discreetly sent them to the county landfill when I became knowledgeable about firearms and started looking over Indiana weapons code.

 

[AFA1CY]

I used to own two or three Chinese throwing stars that I swear I bought in the Logansport mall years ago. Must have been before they wrote that part of the law. I discreetly sent them to the county landfill when I became knowledgeable about firearms and started looking over Indiana weapons code.

I still (cough, cough) see them in some of the (cough, cough) flea markets. As well as some other not so legal (cough, cough) smoking appliances.

 

[Marc]

wow then the LEO's need to step it up at the 1500 then cause there was a booth selling auto openers and throwing knives and throwing stars and the LEO's just walked right on by.

 

[haldir]

Good post to clarify.

I was looking into getting a S&W S.W.A.T. assisted opener (large model) a little while back, but after doing a search of and reading through the IN knife laws, I found it would be illegal, due to it's spring.

Are you sure? I thought they were assisted opening, not automatic and not illegal.

 

[Beau]

(2) may be propelled;
by hand pressure applied to a button, device containing gas, spring, or other device in the handle of the knife.
As added by P.L.311-1983, SEC.32. Amended by P.L.70-2000, SEC.2.

IANAL, Assisted opening knives should be good to go. The key here is "by hand pressure applied to a button". With assisted knives you are not pushing a button. You are manually opening the knife with a spring to assist you in doing so.

 

[clt46910]

Assisted opening are legal in Indiana. You are using the blade to open them, not a button.

 

[pudly]

Question: Are there any laws in Indiana about the length of folding knives?

 

[clt46910]

Short answer is NO.

 

[Bill of Rights]

Good post to clarify.

I was looking into getting a S&W S.W.A.T. assisted opener (large model) a little while back, but after doing a search of and reading through the IN knife laws, I found it would be illegal, due to it's spring.

Disagree. Assisted opening is not the same thing as an automatic (switchblade). I carry a S&W SWAT and can have it open in no time flat. It's not a switchblade, but it does what I need it to do.

If it's what you want, don't sweat the legalities. I've never had problem one with it.

Blessings,
Bill

 

[Kirk Freeman]

I see no reference to Texas law. Please correct this deficiency.

 

[Indy_Guy_77]

I was looking into getting a S&W S.W.A.T. assisted opener (large model) a little while back, but after doing a search of and reading through the IN knife laws, I found it would be illegal, due to it's spring.

... selling auto openers and throwing knives and throwing stars and the LEO's just walked right on by.

Question: Are there any laws in Indiana about the length of folding knives?

xzmsx; assisted opening knives are A-OK. Not that you should base your defense upon it, but they sell assisted opening knives at Walmart. If Walmart deems them OK to sell in Indiana, especially with their huge legal team, then it's probably A-OK. And, according to the Indiana Code, it IS ok.

Marc; just to clarify a bit, throwing knives are A-OK to possess in Indiana. There is nothing in the IC to prohibit them. Throwing stars, yes. Not throwing knives.

Pudly; Please note in the text of the Indiana Code that the OP posted. There is nothing in there about length of blade for either folders or fixed blade knives.

-J-

 

[cubby]

Question: Are there any laws in Indiana about the length of folding knives?

no.

 

[Vigilant]

I can neither confirm nor deny that there are several gun stores in Indiana, where, whether legal or not, you can purchase automatic knives.

 

[Hop]

15-20 years ago there was a Martial Arts store in Washington Square mall. That's where I bought a "throwing star". The fact that it wasn't sharpened into blades at various angles might have been the loop hole.

 

[Sinner Man]

Hell you can select from 2-3 dozen Microtech knives at the Lake County Fairgrounds gunshows at one dealer. You can own them, can't you? Just not carry?