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Repealed
(Repealed by P.L.123-2002, SEC.51.)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]

Originally Posted by 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?

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

Bob

[Scutter01]

Originally Posted by doglb

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]

Originally Posted by 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.

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]

Originally Posted by 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.

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.