Indiana Knife Law FAQ

[aikidoka]

I wonder how many laws uh some kid broke decades ago when he made a throwing star out of some washers, a cut down bolt and nails? Then the grandfather made a HUGE one using 16 penny nails, large heavy washers and soldered it all together. heh

 

[Bunnykid68]

after reading through the relative IC and the last 8 pages of this thread, I have one question: Would I be breaking the law if I had this:

strapped to my shin while biking on the Monon? the blade is approximately 6 inches long, fixed. I'm not asking if I'd get stopped by the police, I"m asking if I would be breaking the law.

Nope.

 

[Double T]

What is the definition of a switch blade? Is it anything that I don't have to help open in the direction the blade swings (ala assisted) or is it just a OTF double action one, or does it include the old stilletto types?

I am considering getting a spring assist one, just wondering what is considered legal...or should I ask a LEO?

 

[cubby]

What is the definition of a switch blade? Is it anything that I don't have to help open in the direction the blade swings (ala assisted) or is it just a OTF double action one, or does it include the old stilletto types?

I am considering getting a spring assist one, just wondering what is considered legal...or should I ask a LEO?

statewise, spring assisted is fine. but it cannot open with a button, bolster, or anything like that. flippers are part of the blade, and you START the action. in an auto, the button does the "starting"....

 

[Adamska]

So could I carry a double edge knife like a S&W HRT Boot knife? or a Fairbarin Sykes?

 

[grunt soldier]

So could I carry a double edge knife like a S&W HRT Boot knife? or a Fairbarin Sykes?

yes and yes

 

[Adamska]

yes and yes

Sweet thanks for the info!

 

[grunt soldier]

no problem

 

[jedi]

so is this illegal in IN school property?

what about federal property?


-Jedi

 

[cubby]

so is this illegal in IN school property?

what about federal property?


-Jedi

i believe illegal on both. definetely in indiana.

 

[DarkRose]

i believe illegal on both. definetely in indiana.

I would argue no.

Here's my reason:

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.

Notice the words in bold and red. AND is INTENDED. Also, notice all specific examples mentioned are double edged, fixed blade, offensive-purpose knives (or specifically a "fighting" knife). The only folders (loosely designated) are the switchblade and gravity knives.

I would argue a normal single-edged folding pocketknife isn't INTENDED or designed with intent to be a weapon, it is a tool. They would have to prove intent of the possesor.

I drop my son off at school many mornings, and see many parents walking in and out with pocket clips hanging out...

But, I'm NOT a lawyer, and didn't even stay at a Holiday Inn Express last night either.

 

[GLOCKMAN23C]

I would argue no.

Here's my reason:

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.

Notice the words in bold and red. AND is INTENDED. Also, notice all specific examples mentioned are double edged, fixed blade, offensive-purpose knives (or specifically a "fighting" knife). The only folders (loosely designated) are the switchblade and gravity knives.

I would argue a normal single-edged folding pocketknife isn't INTENDED or designed with intent to be a weapon, it is a tool. They would have to prove intent of the possesor.

I agree. A knife is a tool, I do not even consider most knives a weapon. Don't bring a knife to a gunfight. (I wouldn't recommend the gunfight if it could be avoided.)

 

[cubby]

while i agree with the "AND" issue... i don't think if you are being QUESTIONED about your knife, the other will share the same view point. it is all about preception.

but that is purely opinion. too many laws, that are too vague, and have to much wiggle room.

 

[whiteman]

how about a sharp stick???

 

[boneshaker214]

pencil, pen, or a set of car keys can be used a weapon just as easy than pulling a knife out .. but hey leave it to the law makers that dont have a clue

 

[pscott]

Revisions to Indiana Senate Bill 6

All,

I saw (somewhere on this site) a posting to Indiana Senate Bill 6, which is intended to remove the illegality of Automatic Knives in Indiana. The original text of the bill may be seen here: Introduced Version, Senate Bill 0006

The bill passed the Senate hearings and is now on to the House.

I emailed the sponsors (both Senator Tomes and House Representative Ubelhor) last week to suggest some language to further refine the second part of the original Indiana Code, pertaining to "propelled" blades, which seems to have caused some confusion amongst law enforcement (at LEAST in Danville), lawyers (i.e. Hendricks country prosecutor), and citizens as to whether it might possibly be construed to include Assisted Opening knives (it seems (to me) that it could also have been incorrectly read to still apply to automatic knives). Not sure if it was my suggestion that did the trick or not (I prefer to think that it was [EDIT: It was not; The committee requested the edit]), but the bill text has been amended to very clearly refer to ballistic knives ONLY.

Senate Bill 0006

SOURCE: IC 35-47-5-2; (12)SB0006.1.1. --> SECTION 1. IC 35-47-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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 detachable blade that
[STRIKE](1) opens automatically; or[/STRIKE]
[STRIKE](2)[/STRIKE] may be [STRIKE]propelled [/STRIKE]ejected from the handle as a projectile
by [STRIKE]hand pressure applied to a button, device containing[/STRIKE] means of gas, a spring, or any other device contained in the handle of the knife.

I do believe that, should this bill pass, automatic knives (and assisted knives) will be UNQUESTIONABLY legal for sale and possession (et cetera) in the state of Indiana (exempting Federal Property, per the Federal Switchblade Act).

 

[cubby]

if it passes, i agree. but it has not, as yet, been passed. so automatic knives and throwing stars are still illegal.

All,

I saw (somewhere on this site) a posting to Indiana Senate Bill 6, which is intended to remove the illegality of Automatic Knives in Indiana. The original text of the bill may be seen here: Introduced Version, Senate Bill 0006

The bill passed the Senate hearings and is now on to the House.

I emailed the sponsors (both Senator Tomes and House Representative Ubelhor) last week to suggest some language to further refine the second part of the original Indiana Code, pertaining to "propelled" blades, which seems to have caused some confusion amongst law enforcement (at LEAST in Danville), lawyers (i.e. Hendricks country prosecutor), and citizens as to whether it might possibly be construed to include Assisted Opening knives (it seems (to me) that it could also have been incorrectly read to still apply to automatic knives). Not sure if it was my suggestion that did the trick or not (I prefer to think that it was [EDIT: It was not; The committee requested the edit]), but the bill text has been amended to very clearly refer to ballistic knives ONLY.

Senate Bill 0006

SOURCE: IC 35-47-5-2; (12)SB0006.1.1. --> SECTION 1. IC 35-47-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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 detachable blade that
[STRIKE](1) opens automatically; or[/STRIKE]
[STRIKE](2)[/STRIKE] may be [STRIKE]propelled [/STRIKE]ejected from the handle as a projectile
by [STRIKE]hand pressure applied to a button, device containing[/STRIKE] means of gas, a spring, or any other device contained in the handle of the knife.

I do believe that, should this bill pass, automatic knives (and assisted knives) will be UNQUESTIONABLY legal for sale and possession (et cetera) in the state of Indiana (exempting Federal Property, per the Federal Switchblade Act).

 

[DarkRose]

All,

I saw (somewhere on this site) a posting to Indiana Senate Bill 6, which is intended to remove the illegality of Automatic Knives in Indiana. The original text of the bill may be seen here: Introduced Version, Senate Bill 0006

The bill passed the Senate hearings and is now on to the House.

I emailed the sponsors (both Senator Tomes and House Representative Ubelhor) last week to suggest some language to further refine the second part of the original Indiana Code, pertaining to "propelled" blades, which seems to have caused some confusion amongst law enforcement (at LEAST in Danville), lawyers (i.e. Hendricks country prosecutor), and citizens as to whether it might possibly be construed to include Assisted Opening knives (it seems (to me) that it could also have been incorrectly read to still apply to automatic knives). Not sure if it was my suggestion that did the trick or not (I prefer to think that it was [EDIT: It was not; The committee requested the edit]), but the bill text has been amended to very clearly refer to ballistic knives ONLY.

Senate Bill 0006

SOURCE: IC 35-47-5-2; (12)SB0006.1.1. --> SECTION 1. IC 35-47-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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 detachable blade that
[STRIKE](1) opens automatically; or[/STRIKE]
[STRIKE](2)[/STRIKE] may be [STRIKE]propelled [/STRIKE]ejected from the handle as a projectile
by [STRIKE]hand pressure applied to a button, device containing[/STRIKE] means of gas, a spring, or any other device contained in the handle of the knife.

I do believe that, should this bill pass, automatic knives (and assisted knives) will be UNQUESTIONABLY legal for sale and possession (et cetera) in the state of Indiana (exempting Federal Property, per the Federal Switchblade Act).

It sounds like between this bill and the bill going to the floor to legalize suppressors for hunting, Indiana is moving closer towards realizing that, when the freedom to decide is restored, the law-abiding citizens (the vast majority of the general populace) can be trusted to make their own decisions without the handholding of a nanny state.

Best way I can word what I'm trying to say... Lol, it is late after all.

 

[warhawk77]

Thanks for that info. I repair copy machines at schools and carry a folding knife every day. I often wonder if I would get in trouble carrying my knife but looks like I'm good

 

[LawDog76]

Just an FYI. Check your local city Ordnances for more B.S. laws like Brownsburg.

§ 130.08 DANGEROUS KNIVES.

(A) Definition. DANGEROUS KNIFE means any knife having a blade more than three-and-one-half (3½) inches in length, any dagger, sword, bayonet, bolo knife, hatchet, straight-edge razor, or razor blade not in a package, dispenser, or shaving appliance.

(`92 Code, § 6-60)

(B) Possession and sale of dangerous knives. It is unlawful for anyone to knowingly carry concealed on his person or in any vehicle any dangerous knife, or to sell or give away to any person under eighteen (18) years of age to purchase or possess a dangerous knife.

(`92 Code, § 6-61)

(C) Exemptions. Division (B) of this section shall not apply to the following:

(1) Individually licensed hunters or fishermen while on hunting, camping or fishing trips.

(2) Any person over eighteen (18) years of age carrying a knife in a secure wrapper from or to the place of purchase, to or from a place of repair, or to his home or place of business.

(3) Any person while in his place of abode or fixed place of business.

(`92 Code, § 6-62) (Ord. 92-25, passed 8-27-92)

Penalty, § 130.99

Any person violating any provision of this chapter shall be subject to a fine in an amount not to exceed twenty-five hundred dollars ($2,500).