Recognizing the Legality of OTF Knives in Michigan

OTF Knives Defined

OTF knives, or Out-The-Front knives, are a type of knife in which the blade extends out the front of the handle when the blade is deployed. They can be either manual or automatic with regard to blade deployment, and they have a unique mechanism that is different from that of other folding knives. Types of OTF knives include double-action and single-action OTF knives.
Double-action OTF knives have a blade that both retracts and deploys at the push of a button. To deploy the blade, you push the button on the handle to extend the blade into a ready position. After use, simply press the button again and slide the blade back into the handle. This is a type of automatic knife.
Single-action OTF knives, on the other hand, only deploy. To retract the blade, you have to slide the blade back into the handle. This is a type of manual knife. OTF is actually a registered trademark and a proprietary name in the U.S. for this type of knife. They are also called switchblades or variant forms of switchblades.
OTF knives date back to around World War II. Their claims to fame in that era come both from their use by soldiers and their popularity among Hollywood celebrities. They were both given to soldiers as a means of marking or tagging enemy soldiers overseas so that they could be executed in short order, and given to actors who were starring in Westerns and other action films.
While not illegal on a federal level, many states prohibit or restrict these knives, so it’s important to be familiar with your state and local laws. Under the Michigan Weapons Carrying Act, chapter seven, section 750.227 (all references are to Michigan Compiled Laws), a "set forth offensive weapon" includes all knives or "all daggers" or "all dirks . " That can include those knives that are deployed by some outward mechanism, unless the person wielding it has a valid concealed pistol licence or is otherwise authorized by statute to carry a penknives.
Some penalties include:

• imprisonment of not more than four years
• fines of not more than $2,000
• both fine and imprisonment

However, a knife that is a common folding pocket knife, such as a Buck or Swiss Army knife, is exempted from this prohibition.
Both Michigan and Indiana courts have held that a common penknife is not a dagger or dirk and is therefore not treated as a weapon or prohibited. However, a knife that has a blade of greater than three inches in length is considered a deadly weapon even if the blade is not capable of being concealed and not common as a pocketknife, this absence of commonality notwithstanding.
To legally buy or sell a knife in Michigan, you have to be over age 18. That’s how they are treated as weapons. If a person does not possess a concealed pistol license, he or she is not permitted to carry a dagger or dirk upon his or her person. The penalty for that is up to 90 days in jail or a fine of up to $100, or both.
The Michigan Weapons Carrying Act makes mention of knives, daggers, dirks, stilettos, or other dangerous knives which have become popular in the United States and are regularly used. It makes it clear that regardless of whether the blade is straight, curved, serrated, single-edged, double-edged, or otherwise, if it is used for stabbing, cutting, piercing, or incision in the commission of any crime in Michigan, it is therefore designated as a dangerous weapon.
Therefore, whether it’s an OTF knife, some other type of knife that is automatically retractibile or deployable, or a penknife that is a common pocketknife, carrying this type of weapon with an intent to commit a crime by its use in Michigan would be a potential felony charge.

Present Laws Governing OTF Knives in Michigan

Laws and Penalties Regarding OTF Knives in Michigan
In Michigan, OTF (Out the Front) knives are classified as switchblades. Under MCL Section 750.226, "A person shall not manufacture, sell, offer for sale, carry, or possess any switchblade knife." If a person violates this statute, the offense is punishable by up to 6 months in prison and/or a $1,000 fine.
An exception exists for active-duty service members and former military veterans, pursuant to MCL Section 750.226c(4). In subsection 1 of that statute, the legislature states that "Except as otherwise provided in this section, a person who is… an active duty member of the armed forces of the United States or a veteran of the armed forces of the United States… may carry an automatic knife on his or her person for personal use for any of the following:… (c) Employment use, including on duty employment."
In subsection 5 of the same statute, the legislature further states that "A person who is convicted under this section of a violation may, in addition to any other punishment, be ordered to participate in conditional sentence supervision if the court finds that a compelling reason exists for the person not to be imprisoned in the county jail or sentenced to 90 days in jail."
For a person to be eligible for conditional sentence supervision from custody, he or she must not be convicted of certain violent felonies. For example, a person is ineligible for conditional sentence supervision if he or she is convicted of one of the following crimes:
The statute requires the Michigan Department of Corrections to charge a person $12 per day for conditional sentence supervision.

Consequences for Prohibited Use or Possession

Violating Michigan’s knife laws (especially when it comes to concealed carrying a knife) can lead to stiff penalties, including significant fines and jail time.
Fines
In Michigan, all knife-related offenses are considered misdemeanors and offenders can face up to 93 days in jail and/or a fine of up to $500. However, like other types of weapons, the seriousness of the criminal consequences associated with knife possession increases when an individual has two or more prior convictions.
Jail time
In general, the potential jail time for someone convicted of violating Michigan’s knife laws is the same as the criminal penalty for a misdemeanor, which is up to 93 days in a local jail, unless there is a subsequent conviction. If someone has two prior convictions, a felony charge may be brought against the person, and felonies can carry much harsher penalties, including fines of up to $15,000 and up to five years in prison.
Impact on the record
Depending on the specific circumstances of the alleged offense, violating Michigan’s knife laws may result in one or more black marks on a person’s permanent record. For example, if someone who is legally eligible to carry a concealed weapon decides to carry a knife rather than a firearm and is found guilty of carrying a concealed pistol without a permit, he or she could end up with a felony record.
A felony conviction can impact someone’s life on many different levels, from causing someone to lose his or her job to restricting someone’s ability to apply for or benefit from mortgage plans.

Exemptions and Unique Considerations

Certain individuals exempt from OTF prohibition under Michigan law include on-duty or retired law enforcement officers, out-of-state police officers and dignitaries who are in Michigan on official government business, active and retired military personnel, judges, prosecuting attorneys, correction officers, probation and parole officers, juvenile officers, etc., or even a civilian assisting law enforcement. Even if these individuals did not ordinarily carry OTF knives in Michigan, the mere fact of their official duties, if they are caught in possession of an OTF knife while on the job, may protect them from prosecution for a knife offense under Michigan law.
Some professionals employed in law in the state, however, are not so lucky. For example, a private investigator who carries an OTF knife, whether allowing auto-deployment or manual deployment, is violating MCL 750.226a, as there are not provisions in this statute exempting investigators from criminal liability for the carry, possession or use of these knives.
Some counties in Michigan which are located in the far northern part of the state, such as Emmet County and Charlevoix County, have enacted local ordinances prohibiting the use or possession of switchblade knives or automatic knives – as the law reads in Michigan – but these local ordinances do not make exceptions for a legitimate professional use or needs.

Familiarizing Yourself with Legal Compliance

Compliance with Michigan’s Knife Laws
The first step to better understand the legality of a knife is to know where it is that you will be bringing it. If an individual is unclear about whether their knife is legal in Michigan, they should not bring it with them. In general, all knives are legal to carry, but each individual municipality can adopt their own laws, and many do. Michigan’s knife laws are relatively clear, but a confusing situation can arise because an individual can be charged with violating a prohibition that a local entity has put in place.
PROBLEM: YOUR OTF KNIFE ISN’T LEGAL WHERE YOU ARE , WHAT DO YOU DO?
With respect to OTF knives, it is important to note that they are not illegal to possess, but they may become illegal when they are used as a weapon. Therefore, an OTF owner’s best bet is to make sure to adhere to your municipalities laws and refrain from using them in an inappropriate fashion. If an individual does this while in Michigan, they will likely not face prosecution where the OTF knife is legal.

Interstate Comparison of Knife Laws

While Michigan is notably strict in defining and regulating the use of single-action OTF knives, it isn’t the only state with so-called "weird" knife laws. For example, in Illinois, OTF knives fall into the same category as automatic knives, which are only illegal when they contain a "disguised blade." Michigan does not have this restriction. In Ohio, OTF knives are legal unless the knife has a blade length of more than 2.5 inches. This is also not a requirement in Michigan.
Looking south to Indiana, we find different rules. While OTF knives are legal there with certain stipulations, including the stipulation that the blade be at least three inches long, this is not a requirement in Michigan. Georgia, on the other hand, requires that the blade of any OTF knife be five inches long. Once again, Michigan knife laws require nothing of the sort.
Here we see a trend: While comparing Michigan’s knife laws to those in other states we see that Michigan does not require any guarantees concerning the length, the width, or the operability of all or part of the knife’s design.

Popular Opinion and Advocacy

Public opinion on the legality of OTF knives in Michigan is marked by a divided community, with proponents and opponents often clashing on topics including law enforcement practices, the safety risks of different knife types and the interpretation of current legislation. Advocacy groups, such as knife clubs and manufacturers, have argued for more lenient regulations that allow greater freedom in carrying OTF knives. These groups contend that OTF knives lack inherent criminal utility and that imposing restrictions on their use infringes upon the rights of law-abiding citizens. In their view, the focus should be on individual perpetrator behavior rather than the type of weapon being used .
Opponents of loosening OTF knife restrictions in Michigan argue that broadening the scope of permitted knives could encourage criminal activity and create challenges for law enforcement. Proponents of stricter regulations hold that OTF knives are more easily concealed than other types of knives, increasing the risk of their use in crime. They also argue that OTF knives can be dangerous to law enforcement officers who may mistake them for automatic knives, which have been banned in many states including Michigan.
The varying public opinions on OTF knives in Michigan reflect the complexity of legislating such weapons and the debate on how to balance individual rights with public safety concerns. The issue has caught the attention of various citizen advocacy groups, local clubs and online communities that engage in discussions about the permissibility of these knives.