Michigan law

Michigan law

This is a discussion on Michigan law within the Defensive Knives & Other Weapons forums, part of the Defensive Carry Discussions category; Does anyone know of a source for researching city/county level law in MI regarding knife carry in MI? Packing.org only cites state law. Despite popular ...

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Thread: Michigan law

  1. #1
    Member Array Mainspring's Avatar
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    Feb 2007

    Question Michigan law

    Does anyone know of a source for researching city/county level law in MI regarding knife carry in MI? Packing.org only cites state law. Despite popular opinion, the state does not prohibit the carrying of folding knives with blades over 3" FOR LAWFUL PURPOSES, but I'm quite certain that many cities do.
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  2. #2
    Member Array foreveryoung001's Avatar
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    Nov 2006
    I've searched for this more than a couple of times, but have not found anything comprehensive. If you find something, let me know, eh.
    When the messenger arrives and says 'Don't shoot the messenger,' it's a good idea to be prepared to shoot the messenger, just in case.

  3. #3
    Member Array Reffy's Avatar
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    Aug 2006
    The following is not a substitute for, nor does it constitute, legal advice. I am not a lawyer....yet.

    I don't mean to sound like a know it all *******, but you're wrong about the state limit, and I'd rather sound like a jerk than have you arrested.

    You are correct that the law does state that it is a ban against knives with a blade over 3 inches with "unlawful intent." However, a separate statue prohibits concealed carry of "dangerous Weapons" which is defined as a knife over 3 inches. Therefore a folding knife over three inches would be considered a violation of this statute.
    Complicated, I know, that's why we have lawyers. :-/

    In case you were interested:
    Fixed Knives: Yes for both open and concealed. No length Restriction
    Dirks: too complicated, just don't bother
    Auto: no for both. Auto may include assisted open
    Balisongs: no for both

    If you want specific city/county ordinances you can look those up fairly easily. But as far as I know there is no comprehensive list that exists.

  4. #4
    Member Array One of Many's Avatar
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    Dec 2004

    Dangerous Weapons

    750.226 specifically covers intent regarding any dangeous weapon; "Any person who, with intent to use the same unlawfully against the person of another, goes armed with a pistol or other firearm or dagger, dirk, razor, stiletto, or knife having a blade over 3 inches in length, or any other dangerous or deadly weapon or instrument..."

    Michigan law 380.1313 refers to a knife over 3" as a dangerous weapon in the context of a school, and when possessed by a student (juvenile).

    Several other laws pertaining to juveniles refer to "a knife or other object specifically designed or customarily carried or possessed for use as a weapon."

    The Home Invasion Law 750.110a says "A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or possessed for use as a weapon." The length of the blade is not specified, it is the intent of the knife designer and the user that makes it a dangerous weapon.

    750.227 concerns concealed weapons, but does not mention blade length at all: "A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person."

    750.226a covers automatic knives: "any knife having the appearance of a pocket knife, the blade or blades of which can be opened by the flick of a button, pressure on a handle or other mechanical contrivance..." This does not include knives such as the Kershaw which requires that the blade itself be manipulated in order to open the knife for use. Kershaw was off the market in Michigan until a criminal case was decided in favor of one of their customers.

    These are the applicable state laws; local laws vary from complete restriction, to no restriction.

    The state of Michigan considers any edged device, regardless of blade length, that is carried or used with the intent to harm someone, to be a dangeorus weapon. It considers knives designed to be used as stabbing instruments, to be dangerous weapons whether the possessor intends to stab someone or not.

    On the other hand, an edged device that is designed for some legitimate peaceful purpose (such as a hunting knife), can be much longer than 3" as long as the intent of the possessor is non violent.

    The main problem with Michigan law is that there is no preemption law regarding knives, as there is for firearms; this allows a person to be legal on on side of a street, and illegal on the opposite side of the street, without knowing that a crime is being committed.

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