At the end of the day, and even though this tool could be used to perform cool tricks, a butterfly knife is a weapon. And with owning and utilizing a weapon, the law is often involved. The laws vary from one state to another and differ slightly in specifics. So let’s dive deep and cover the topic of why are butterfly knives illegal, so you can be well aware of the ins and outs of the legal status of the balisong knife.
What is a butterfly knife and what is its significance?
This folding knife is one that has two handles that conceal a blade. It can be considered a utility knife with its common usage in environments like camping, but it can also be used to perform cool tricks. The other, more obvious, significance is that this knife can be used either as a threatening weapon or for self-defense.
What is the history of the butterfly knife?
It is said that this utility knife originated in the 1500s in the Philippines, where a broken horn of a stag was used to create it. The broken horn usage also relates to the naming of the balisong, as the phrase “Baling Sungay” directly translates to a folded horn in Tagalog. The balisong knife is rather sturdy and was mostly used for practical purposes in the Philippines. The purposes, however, changed a bit as the knife made its way to the United States, a discussion that will later be relevant.
Are butterfly knives illegal?
In the 1980s, and as the balisong was becoming more and more popular in the crime scene in the United States, it was beginning to be viewed as an offensive weapon. The popularity of these types of pocket knives grew amongst gangs, and they were increasingly used for violent purposes.
Thus, and in an effort to counter these crimes, laws were put in place against the usage and possession of the balisong, and it became an illegal weapon.
Not all states, however, implemented such laws against the batanga knives, and these knives are of varying degrees of legality in each state.
Why are butterfly knives illegal?
To get into the specifics of the reasons why these knives are considered weapons, you have to understand their mechanics and how they are used.
The anatomy allows for concealment
Most obviously, the knife’s handles (the bite handle and the safe handle) pretty much entirely conceal the blade. The fact that this weapon can be easily concealed can be a dangerous and stealthy factor to its usage in a crime.
Stealth and speed
The immense speed with which the sharp edge can be exposed definitely adds to the surprise element and the intimidation factor when used in a threatening environment.
Self-inflicted injuries and accidents
With these properties in mind, it becomes rather obvious why these butterfly knives are illegal. But that’s not all, because these balisong knives have not only been popular for attacking purposes, but also for use in martial arts. And with such a use, the knives commonly cause harm to the carrier, and self-harm injuries from these fan knives became a rather regular occurrence. Serious injuries have been reported by those who regularly practice with the balisong knives. For that matter, we recommend learning how to use a butterfly knife and using a trainer knife with dull blades, knives with detachable blades, and other safety measures.
Not your ordinary knife
Nonetheless, this pocket knife is clearly not an ordinary knife, and although it is popular amongst many knife enthusiasts, its usage in crimes and the danger it poses to the carrier and those around them, contributed to the current legal status of the knives.
Are there any federal laws that cover butterfly knives?
There are most certainly federal laws that consider butterfly knives illegal. For starters, a butterfly knife is considered a switchblade knife, and federal laws exist against the possession of switchblades.
What exactly is considered a switchblade?
Switchblades, by definition, are automatic knives. What this basically mean is that they open automatically through the usage of gravity/inertia, or through a button or other device on the knife’s handle. Under this definition, the balisong knife is a gravity knife that is encompassed by the concept of being a switchblade.
The penal code sections of such offenses
The penal code includes a punishment of up to five years in prison and/or fines that can reach up to $2,000 in value.
What are the butterfly knife laws on owning and using it on federal property?
As discussed, these flick knives are under a strict penal code. The restrictions spread to their usage on federal property. Thus, they are prohibited from being used at the following areas:
- federal parks
- military bases
- Indian reservations
The federal switchblade law includes strict reservations against the usage of these knives on federal property, even in states where butterfly knives are legal.
Punishment under federal law may result from breaking such rules, and the only exceptions are for personnel who are federal agents, and switchblades that only have one handle, with a blade length of under three inches.
In which states are butterfly knives illegal?
Butterfly knives’ legal status changes from one state to another, so let us dissect the laws in most of the states in which these gravity knives (and other knives) are illegal:
States with zero tolerance towards the weapon:
In the state of Hawaii, you cannot even carry butterfly knives. Carrying, selling, or manufacturing them is completely illegal, and perpetrators of the crimes can be sentenced to up to 3-5 years in prison.
In the state of New York, gravity blades are banned from usage and possession even. And as we mentioned earlier, butterfly knives are illegal due to their status as gravity knives.
In the state of California, the California penal code prohibits the carrying of pretty much any blade that is longer than two inches. This criterion is encompassing many knives, including some swiss army knives, and the balisong is thus prohibited under the California penal code.
In the state of Kansas, gravity blades are considered illegal with some restrictions on their possession and whatnot, hence why butterfly knives are illegal in the state.
In the state of Texas, the balisong is considered a switchblade, making it illegal in all senses.
States with more lenient laws:
In the state of Florida, the penal code stretches the requirement to four inches. In this case, whether your utility knife is legal or not depends on the length of its blade.
In the state of New Jersey, the law regarding butterfly knives is unclear and is subject to interpretation. The reason it was included in this list is that due to the vagueness of the existing law, the carrier of the knife is subject to the mercy of whoever finds them with it. For these reasons, we do not recommend carrying butterfly knives in the state.
In the state of Ohio, butterfly knives can be carried openly, but only with the blade exposed. In the state of concealment of the blade, legal restrictions apply.
In the state of Oregon, as with Ohio, butterfly knives’ legal status depends on whether they are in a state of concealment or not. They are only legal with an exposed blade.
In the state of Utah, it is punishable by State Law to have your balisong knife blade concealed. The law is similar to the one in the states of Ohio and Oregon.
In the state of Wisconsin, the legality of this knife is somewhat flexible, as it is legal to possess and use it on your own property, but it is illegal to carry it in any form (exposed or concealed), and it is illegal to possess it on property that is not your own.
Are there any specific restrictions to the use of the butterfly knife?
Even in states where the knife is legal, it may still be under certain restrictions of use, such as the need for a permit for the carrying and using of the knife for hunting and fishing purposes.
Additionally, those with criminal records may be prohibited from using, owning, or carrying such knives as butterfly knives. The most common restriction is that the knife NOT be in a state of concealment (with the blades hidden). Such is the case in states like Wyoming, North Dakota, and Oklahoma.
Are there any local laws that regulate the possession of gravity knives?
As with many things, the usage of balisong knives can be subject to not only legal state laws, but only specific, local county and city laws.
For instance, in Los Angeles, California, the city law specifically prohibits the carry of any blade longer than three inches and demands that no deadly weapons or knives be concealed or hidden at all.
Is it illegal to buy a butterfly knife online?
While knife possession is met with a lot of controversies, buying such knives as butterfly knives online is subject to just as much controversy.
This controversy has meant that most of the online butterfly knives on popular sites have been dulled.
A real butterfly knife may be found at your local knife shops or even antique stores if the law allows it. Besides, butterfly knives are not allowed to be sold or shipped in some states.
What are some common offenses of knife laws and can a switchblade implicate other such laws?
Do not conceal:
Some general knife laws that are not specific to balisong knives but are definitely applicable to them include the restriction to conceal such a weapon. This basically prohibits concealed carry where only openly carrying the knife is legal.
Do not harm others:
Another common law relating to that is the restriction against harming someone with a deathly blow from a knife.
Learn the offenses to avoid them.
We mention these because sentencing can differ, and add up, based on the different crimes committed. In other words, since possessing an illegal tool and using it are completely different offenses, the punishment increases with each broken law.
And while laws and penalties offenses differ between states, the general knife laws against knife possession and their respective punishments remain somewhat similar.
What are some legal defenses for knife charges?
If you’ve been charged with possession of a balisong knife but want to avoid being sent to state prison, the following are some helpful, legal defenses that work with and around knife laws:
Claim innocence:
Most evidently, the person being charged may claim innocence in that they were not aware of the state knife laws that prohibited butterfly knives. It becomes the job of the prosecutor to prove that the guilt of the person in question by proving that they were aware of the existing knife laws, which is rather difficult.
Do not conceal:
Secondly, if the person carrying the butterfly knife resides in a state that allows the knife to be openly carried, then the defense can include the lack of concealment of the weapon. Namely, a claim can be made that the knife was not a concealed knife, and thus abides by the open carry law.
Illegal searches:
Thirdly, it is also possible to drop the charges if the supposed deadly weapon was found in an illegal search.
Misconduct and harm:
Fourthly, if police misconduct can be proven to have occurred during the arrest or the interrogation that resulted in the person being charged with possession of the knife, then the knife charges may also be dropped.
And while most of the charges may lead to a fine of some sorts and/or a prison sentencing, they do often sometimes end up with just misdemeanor probation, or what is also known as summary probation.
It goes without saying that this is certainly not a comprehensive list, and if you are seeking legal advice, it is best to consult a professional on the matter.
At least if you’re interested in buying a balisong knife take your time and make sure to surf for all legal information on a related topic in official legal sources. Pay attention, that regulations and laws can be revised and corrected.
It would also be of great benefit to you to brush up on your state’s knife laws (particularly looking for the possibility of an open carry law being in place) before deciding to acquire butterfly knives to better understand whether it is possible to do so, and if so, under which regulations to avoid any possible unwanted trouble with the law later.
Which states are butterfly knives considered legal in?
Many of the states not mentioned in the above list consider butterfly knives to be legal.
A prime example of that would be the state of Michigan, where a butterfly knife is seen as a folding knife and not a deadly weapon. Thus, the knife holds a complete legal status, as do folding knives.
Similarly, in the state of New Hampshire, unless you are a convicted felon, then you may carry and possess a butterfly knife.
Other states that legalize butterfly knives are the states of Kentucky and Virginia.
However, it is important to note that in the latter, the legality of the knife may be questioned by the specific city and/or county that you reside in and the law may be flexible with that.
FAQs:
Are butterflies knives illegal in the US?
A butterfly knife is illegal in some states in the US, like California and Hawaii.
Laws are different in each state, and the ability to carry or possess a knife also differs. The best thing to do would be to check the knife laws of the state that interests you.
What is the point of butterfly knives?
The purposes of the balisong knife are many and they range from practical purposes, to self defense. Most commonly nowadays, they are used to perform cool tricks.
Is it illegal to make a butterfly knife?
As with possessing and distributing the knife, the laws on making one also differ between states.
For instance, in Wisconsin, you may only possess the knife on your own property and may not carry it around. In such a state, you may make your own knife.
In other states that have little to no tolerance to balisong knives, the making of one becomes illegal.