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Thread: Knife Question -- Butterfly Knives

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    Regular Member TheQ's Avatar
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    Knife Question -- Butterfly Knives

    I know knives aren't preempted -- that aside, are single edged balisong (butterfly knife) legal for possession/carry in Michigan?
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

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    I don't see where they are prohibited, as long as you don't CC it.

    If the new 227 passes, they would be. Thats one reason it was written, to clear up questions like this.

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    Regular Member Raggs's Avatar
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    Quote Originally Posted by stainless1911 View Post
    I don't see where they are prohibited, as long as you don't CC it.

    If the new 227 passes, they would be. Thats one reason it was written, to clear up questions like this.
    they would be legal or illegal?
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    7. Self defense

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    Regular Member TheQ's Avatar
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    Knife Question -- Butterfly Knives

    Quote Originally Posted by stainless1911 View Post
    I don't see where they are prohibited, as long as you don't CC it.
    I don't see how MCL 750.227 distinguishes between a spring assist folding knife and a balisong.

    A spring assisted knife is widely accepted as legal to carry concealed or otherwise.

    Maybe you could articulate your reasoning?
    Last edited by TheQ; 09-06-2012 at 12:06 PM.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    As best I can tell, butterfly knives/gravity knives are not illegal in MI if they have a single edge.

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    Regular Member TheQ's Avatar
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    Knife Question -- Butterfly Knives

    Quote Originally Posted by zigziggityzoo View Post
    Any person who shall sell or offer to sell, or any person who shall have in his possession 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 shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for not to exceed 1 year or by a fine of not to exceed $300.00, or both.

    Doesn't seem to apply? No flick of a button or pressure on the handle.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    Regular Member FerretMI's Avatar
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    Quote Originally Posted by TheQ View Post
    Any person who shall sell or offer to sell, or any person who shall have in his possession 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 shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for not to exceed 1 year or by a fine of not to exceed $300.00, or both.
    I'm not sure whether this portion applies.
    Last edited by FerretMI; 09-06-2012 at 12:42 PM.

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    Regular Member TheQ's Avatar
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    Knife Question -- Butterfly Knives

    Quote Originally Posted by FerretMI View Post
    I'm not sure whether this portion applies.
    If that applied, spring assist would be illegal.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    Regular Member Ezerharden's Avatar
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    Quote Originally Posted by TheQ View Post
    If that applied, spring assist would be illegal.
    If that happens, I know a few County Sheriffs, and a couple local LEO's that are going to jail sicn the carry SOG knives like I do.
    Last edited by Ezerharden; 09-06-2012 at 02:23 PM.
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    Ok, here goes. The way it was explained to me is:

    Illegal:
    ANY mechanically assisted knife.
    1. Switchblade
    2. DAOTF (Double Action Out The Front)
    3. Spring Assisted knives of any kind
    4. Double edged knifes
    5. Projectile knives of ANY kind (spring or charged)
    6. Tri-bladed stilettos and bayonets not attached to a rifle

    There is an exemption for the above for LEOS, Firefighters, Paramedics and a one armed individual may carry mechanical knives (switchblades, DAOTF and spring assisted). Double edged, projectile and tri-bladed stilettos are ALWAYS illegal. In fact I believe projectile knives are Federally prohibited.

    Legal:
    1. Single edged knives of non-mechanical nature (butterfly, folding, fixed, gravity)

    As long as your butterfly knife is single edged and below 3.5" in blade length you may carry it concealed. If the blade is in excess of 3.5" it must be openly displayed (belt clip or sheath)
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    Quote Originally Posted by Raggs View Post
    they would be legal or illegal?
    legal. We put that in there to re instate that part of the RKBA.

    Quote Originally Posted by TheQ View Post
    I don't see how MCL 750.227 distinguishes between a spring assist folding knife and a balisong.

    A spring assisted knife is widely accepted as legal to carry concealed or otherwise.

    Maybe you could articulate your reasoning?
    (1) 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

    I think the butterfly would be fine to carry, as the statute specifies concealment only.

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    Quote Originally Posted by TheQ View Post
    I know knives aren't preempted -- that aside, are single edged balisong (butterfly knife) legal for possession/carry in Michigan?
    Knowing that any type of knifes are not preempted, It depends on where your are at the time, So You can be Legal or Illegal

    some one compiled the pdf list below, may not be up to date or correct.
    http://www.handgunlaw.us/documents/USKnife.pdf
    Last edited by Gort; 09-07-2012 at 09:04 AM.

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    Quote Originally Posted by Hevymetal View Post
    Ok, here goes. The way it was explained to me is:

    Illegal:
    ANY mechanically assisted knife.
    1. Switchblade
    2. DAOTF (Double Action Out The Front)
    3. Spring Assisted knives of any kind
    4. Double edged knifes
    5. Projectile knives of ANY kind (spring or charged)
    6. Tri-bladed stilettos and bayonets not attached to a rifle
    Let me guess, it was explained by a police officer. I say that because spring assisted knives are legal.

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    Quote Originally Posted by stainless1911 View Post
    legal. We put that in there to re instate that part of the RKBA.



    (1) 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

    I think the butterfly would be fine to carry, as the statute specifies concealment only.
    So here is the question then: would a single-edged, folding knife, of less than 3 inches, with no mechanical contrivances fit the definition of a "dangerous weapon?"
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    Quote Originally Posted by cmdr_iceman71 View Post
    So here is the question then: would a single-edged, folding knife, of less than 3 inches, with no mechanical contrivances fit the definition of a "dangerous weapon?"

    Yes it could, as would a screwdriver, ice pick, or any other thing thought to be carried as a dangerous weapon. I think it would come down to intent.

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    Regular Member TheQ's Avatar
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    Knife Question -- Butterfly Knives

    Quote Originally Posted by stainless1911 View Post
    Yes it could, as would a screwdriver, ice pick, or any other thing thought to be carried as a dangerous weapon. I think it would come down to intent.
    I am carrying a knife for utility, of course.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    Quote Originally Posted by TheQ View Post
    I am carrying a knife for utility, of course.
    Yep. Personally, Im a bit of a handyman. And they are good for cleaning out your nails

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    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by gort View Post
    knowing that any type of knifes are not preempted, it depends on where your are at the time, so you can be legal or illegal

    some one compiled the pdf list below, may not be up to date or correct.
    http://www.handgunlaw.us/documents/usknife.pdf
    this!!! +1
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    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by stainless1911 View Post
    Yes it could, as would a screwdriver, ice pick, or any other thing thought to be carried as a dangerous weapon. I think it would come down to intent.
    Depends re intent. I know of someone charged for stabbing someone with a pencil pulled from his pocket... CCW charge; SUCCESSFULLY convicted.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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    Quote Originally Posted by Bronson View Post
    Let me guess, it was explained by a police officer. I say that because spring assisted knives are legal.

    Bronson
    Actually a firefighter I know who collects knives. He has over 1000, some dating back to WWI. Thought he seemed pretty knowledgable about the subject.
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    Regular Member TheQ's Avatar
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    Knife Question -- Butterfly Knives

    Quote Originally Posted by DrTodd View Post
    Depends re intent. I know of someone charged for stabbing someone with a pencil pulled from his pocket... CCW charge; SUCCESSFULLY convicted.
    Didn't know the schools were that rough in GR
    Last edited by TheQ; 09-07-2012 at 08:31 AM.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    Best summary of state knife laws that I have found, but of course there may be local ordinances.
    http://www.ebladestore.com/knife-laws-50-states.shtml
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    Michigan Moderator DrTodd's Avatar
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    Re: Knife Question -- Butterfly Knives

    Quote Originally Posted by TheQ View Post
    Didn't know the schools were that rough in GR
    This one wasn't a school situation. But, I will add that there was an expulsion about 2 years ago where something similar took place; a student was expelled for use of a weapon... he raised his clenched fist while holding a pencil in his hand. It was deemed a "weapon" and he was expelled for 180 days under state law. Sad.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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    antis only recognize that things other than guns can be used as weapons when it fits their purpose
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