"Auto Knife Or Not"?

I was wondering which would be a better legal carry knife for overall use...a Spyderco knife or a Benchmade auto knife?

It really depends, since you did not specify you location the legality something you will have to research.

gnirolf posted an excellent summary of knife laws from state to state.

Both Spyderco and Benchamde are excellent quality knives with great customer service. I have several Spydercos and a couple of Benchmades. Benchmade, Gerber, and Microtech are the autos I have the most experience with. I have hear that the afore mentioned Protech knives are excellent also. I would personally highly recommend the Benchmade. I really like my AFO and my Benchmade Presidio is my favorite auto. Any of the Microtech autos are excellent quality and are well made. I have only owned one Gerber auto, but based upon that experience I would hesitate to recommend one.

http://www.benchmade.com/products/product_detail.aspx?model=5000

If you decide auto's are not the way to go the waved Spyderco Endura or Delica in VG1 is probably one of the best made affordable folders on the market today and is every bit as fast as an auto.

My favorite Spyderco is the Millitary.

Emerson as mentioned makes great fighting knives, but I really don't like most of the Emerson knives edge profile for utility work. The waved CQC 7 or the Commander will be very fast.

I think Kershaw makes nice knives, although my experience is Kershaw dose not generally hold up well to really hard use (others may have had better experiences).

Wild mentioned the Chris Reeve knife....that may be the finest folder on the market without going full custom.

Good luck with your choices. I do agree that that auto knife laws are silly, but I don't want to get arrested even over a silly law.
 
Benchmade 5000 plus a few other things. Pics make every thread better.

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21.Wisconsin N N

I sell and service knives to residents of Wisconsin. Obviously, the police, fire, EMS and soldiers buy the most autos. There are an equal number who get by just fine with one-hand-opening or assisted opening knives.

The 'gee whiz' factor exists for autos. The first day the client has one he pops it open while watching TV. After a few days, it's just another knife.

However, lots of my sharpening clients have bought autos on-line. I have sharpened an auto while a LEO stood in line awaiting his turn.

It appears to me that while my state officially opposes autos it doesn't seem to be actively rooting out the violators. If the client is clean-cut, law abiding and simply 'a citizen,' no one really cares.
 
It appears to me that while my state officially opposes autos it doesn't seem to be actively rooting out the violators. If the client is clean-cut, law abiding and simply 'a citizen,' no one really cares.

I think that is largely true, but if you do get arrested, the auto will probably get you an extra charge.

I don't think the average Law abiding CCL would get hassled over an auto. At least I never have, but I am not recommending one for carry, that is a personal choice you will have to make.

BTW if anyone has the lead on a nice (used is OK) Microtech UMS or UDT plain edge stone washed I am interested.
 
Automatic knives have legitimate, legal uses-but they are few and far between. I collect, make, design, and repair them. Unless you are a paramedic-type, fireman, or L.E., I don't recommend carrying them.
A small fixed-blade will serve almost anyone better than a folder.
 
A relative of mine is a cop in Indiana and he has a whole closet full of wacky blades he has confiscated over the years. The best of the lot is a huge automatic sickle-bladed beast that he took off of a Peruvian immigrant. It opens with a menacing ratcheting noise and is very sharp. Apparently the guy was fresh off the boat and didn't know it was illegal to carry a foot-and-a-half long automatic "shepherd's knife" (questionable translation) in IN. He felt bad for the guy and didn't charge him with anything, but he kept the knife.

I wish I lived in a state that allowed them. I picked up a side-opening gem in Germany with a Boker blade many years ago, but that knife met with a sad end.

I'm not sure they are that useful, but they are interesting mechanical contraptions, and that is enough for me to like them.
 
Many new button-opening autos have no safety. These knives should NOT be carried in a pocket. Button knives without a mechanical safety will get you hurt. Lever lock types are inherently safe for pocket carry.
See my web site for more information on auto knives.
 
Bussiness Expansions

I checked uppon the internet offer of automatic switchblade knifes from Europe, which took me on the followings:
1. Asian Sites: delivers most of the time only “clones” of the American automatic switchblade knifes, which doesn`t have the same quality, finishing, and price. Because the competition of the europpean and US companies are missing, there are only bad quality products on this market.

2. European sites; delivers unautomatic knifes, made in Europe, also copyes of the American knifes (folders, fixed blade knifes). Automatic knifes are made especially in Italy (Italian Stilettos) and Germany.

3. U.S. sites: delivers most of the automatic switchblade knifes on the U.S. market.Generaly they`re avoiding to deliver in Europe, because of the uncertainity of getting the money, because of the appereance of some custom problems and federal laws.Still in some cases are any exceptions, whom delivers on demand, ocasionaly whenever the client takes the risk in countries like Poland, Russia, Austrich, Finland, Lituany, Sweden.The producers prefers to work with companies more and authorized persons less.Some are chosing theyr personal representers (farward sellers), in Occidental Europe.They are using different payment systems including PayPal.

The reduced export of knifes in Europe it is determinated by custom and internal law, which is different from country to country. The export of the automatic knifes from U.S.A. to U.E countries it`s favorable, because the products circulate inside the community without being customized. The U.E. countries are :
Austria,Belgia,Danemarca,Finlanda,Franţa,Germania,Grecia,Irlanda,Italia,Luxemburg
Portugalia,Ţările de Jos,Regatul Unit,Spania,Suedia,Bulgaria,Cipru,Estonia,Letonia,
Lituania,Malta,Polonia,Republica Cehă,România,Slovacia,Slovenia,Ungaria.

If one of these countries, with a easy law, has a zone representant, he can deliver those products in the whole UE countries, without having custom problems.
In Europe there are many bad quality knifes on market, copied after American models, especially made in Asia. There aren`t products of medium or superior quality, with a nominal value between 30-1000$.
I think it is necessary a zonal dealer which can get orders for delivered USA and European automatic switchblade knifes . There are some represents in Europe, but only for European and Asian unautomatic switchblade knifes.
My message is not a SPAM. It represents an idea of makeing business in Europe,with minimum investment, maximum benefit and a secure market.
It's a pity that an important source of making real money it's ignored by the manufacturers and American merchants, respective the export of switchblades,folding knives,pocket knives,fixed blades,or automatic knives in Europe, in specially in UE coutries. This export can be very profitable and destinated only to authorized persons or collectors. It's an comercial subject of general discution, wich can be on your site without to counter the legal standardize, with effects about of european costumers and american producers.


Gnirolf
 

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Blade Length limits for Knife Carry in the U.S.-PART I

One of THR's members has a book and webpage about knife laws in the 50 states and most major cities. I haven't looked at it thoroughly, but at first glance it seems very promising and more authoritative than the effort on this page
If nothing else, this page should make it very clear that state knife carry laws are a disaster.
This is only a summary, and glosses over various particulars that may be important to you. This is not legal advice. Some of this information could be flat-out wrong. If there are case cites for a State, chances are that the other information for that state is fairly accurate.
Bernard Levine's site has collected statutes for all the States, but the occasional caselaw quotes lack citations.
Carl Donath has a state knife law summary similar to this one, and perhaps less confusing.

Status: Case law for States through CT, plus FL, TX, and a few others, has been thoroughly investigated. Longer notes indicate more case law, but does not mean the law is any clearer.
Send corrections, updates, and case cites to rkba-tfl @ soze . net -- don't forget to mention which State your information relates to.
________________________________________
Local Ordinances (only scattered cities are included)
Brief summary of [Practical] Blade Length limits for Knife Carry in the U.S.
State open / cncl -folder- -fixed- dagger auto bali univ notes
FED both 2" s no no no no n/a
AL (BL)
cncl yes <"long"* <"long"* yes yes 13A-11-50; * caselaw calls long single-edged knives bowie knives, which are banned for concealed carry; see Smelley v State 472 So.2d 715 (1985). Butcher knives are bowies via Brewer v State 113 Ala. 106 (1897); see also Haynes v State 6 S.W.2d 319.
open yes yes yes yes yes
AK (BL)
cncl yes* no no no no 11.61.200-240; * statute bans switchblades and gravity knives completely, and it bans concealed carry of anything but an "ordinary pocketknife". Balisongs are not gravity knives: State v. Strange.

open yes yes yes no yes
AZ (BL)
cncl yes*? no no no ?* 13-3102; * "pocket knife" only; no useful caselaw. Statute is constitutional: Dano v Collins 802 P.2d 1021 (1990).
open yes yes yes yes yes
AR (BL)
cncl 3.5" s 3.5" s 3.5" s 3.5" s 3.5" s 5-73-120,121; travelling exception; sec. 120 bans carry of anything with intent to use as a weapon. A three-justice dissent in Garcia v State 969 S.W.2d 591 (1998) makes a good argument against the constitutionality of the 3.5" limit, with a good U.S. Supreme Court quote toward the end of the dissent. Sec. 120 was enacted after 121, and they overlap; 121 probably should have been repealed, and 121 is probably unconstitutional. Also, Nesdahl v State 890 S.W.2d 596 (1995) and Smith v State 411 S.W.2d 510 (1967).
open 3.5" s 3.5" s 3.5" s 3.5" s 3.5" s
CA (BL)
cncl yes no no no no* see 626.10 12020(a), 653k;See Jim March's Excellent CA knife law summary and the CA county ordinances in the "local ordinances" link just above this table. For instance, L.A. bans open carry of 3"+ knives (with vague "lawful recreation" exception); Oakland bans 3"+ knives completely. A much despised case, People ex rel. Mautner v Quattrone 211 Cal.App.3d 1389 (1989), held that butterfly knives are covered by CA's switchblade prohibition. People v Rosalio S. 41 Cal Rptr.2d 534 deals with a leatherman and the 2.5" school limit, finding the leatherman illegal because blades are legally measured from tip to handle, not just along the sharpened edge.
open yes yes no no no*
CO (BL)
cncl 3.5" s 3.5" s 3.5" s no no 18-12-101..105; open carry of anything may be legal, but expect to be hassled particularly in Denver. There is a hunting/fishing exception. Knives <3.5" are illegal to carry concealed with intent to use as a weapon, but otherwise are okay: A.P.E. v People 20 P.3d 1179 (2001). The knife in that case is not described, but presumably it is a balisong that was ruled to be a gravity knife at trial, mentioned in People v Pickett, 571 P.2d 1078 (1977). People v Gross 830 P.2d 933 (1992) is sometimes cited in reference to CO knife laws, but it's really a stretch to connect that to typical enforcement of sec. 102.
open yes yes yes no no
CT (BL)
cncl 3.4"* cl / 4" s ? 1.5" s 1.5" s no 53-206; * vague caselaw. Highly dubious. <3" or a non-tactical folder is safer. 3.5" knife used in self defense may be prosecutable: State v Holloway, 528 A.2d 1176 (1987), despite State v Harris 258 A.2d 319 (1968) which held that without obvious intent, the 4" limit was strict and could not be lowered by a finding that the knife was a dangerous weapon. CT is truly a land of sheep: in State v Sealy 546 A.2d 271 (1988), a knife with a 4.5" blade is described as a butcher knife.
open 3.4"* cl / 4" s ? 1.5" s 1.5" s no
DE (BL)
cncl 3" s no no no no 11.222,11.1442,11.1446; 1446 bans switchblades (anything using a spring or gravity)
open yes yes yes no no?
D.C. (BL)
cncl 3" s 3" s 3" s no 3" s 22-4514,22-3204; 4.5" folder is illegal: Scott v. United States, 243 A.2d 54 (1968). Technically, by law knives with blades longer than three inches are illegal only with intent to use unlawfully, but as in many states, the burden of proof is typically reversed when dealing with larger knives.
open 3" s 3" s 3" s no 3" s
FL (BL)
cncl 4"* cl no no no no 790.001,01; * It seems dangerous to rely on this. L.B. v State 700 So.2d 370 (1997) suggests that a closed folder of 3.75" is okay, due in part to an identical AG opinion from 1951 (stating knives up to 4" are common pocketknives). However, that "common pocketknife" exception is only for the definition of "weapon". "Concealed weapon" in 790.001 has no "common pocketknife" exception as the "weapon" statute does; this distinction is presented in Baldwin v State, 857 So. 2d 249 (2003). State v. Ortiz, 504 So. 2d 39: a 4" folder may be a concealed weapon because determination of "common pocketknife" is a jury question. Folding knives must be carried closed: Walls v State 730 So. 2d 294 (1999), Porter v State 798 So.2d 855 (2001). A tactical knife may not be a "common pocketknife": J.D.L.R. v State 701 So. 2d 626 (1997). There is plenty of other interesting caselaw: 504 So. 2d 39 (1987); Nystrom 777 So. 2d 1013; State v. A.D.H., 429 So. 2d 1316 (1983); Simmons v. State, 780 So. 2d 263 (2001); Garcia v State, 789 So. 2d 1059 (2001). For legal status of icepicks and razors, see State v. Tremblay, 642 So. 2d 64 (1994) and Robinson v. State, 547 So. 2d 321 (1989)
open yes yes yes yes yes
GA (BL)
cncl ? no no no ? 16-11-126,127,127.1; The statutes prohibit carrying any offensive/defensive weapon concealed. It is also illegal to carry any such knife to a public gathering. In short, don't ever claim self defense as a reason for carrying a concealed knife. Carry laws at schools or at school events are much more strict (no dirks, bowies, switchblades, or knives with blades over 2"). Violation of those school restrictions (127.1) is a felony.
open yes yes yes yes yes
HI (BL)
cncl yes* yes* no no no 134-51,52,53; Those sections ban dirk/dagger/deadly weapons, switchblades (spring/gravity), and balisong/butterfly knives, respectively. * must not be principally designed as a weapon.
open yes yes yes no no
ID (BL)
cncl no 18-3302; Dirks and bowie knives are illegal except in the wilderness. So are "other deadly or dangerous weapon", whatever that's supposed to mean.
open no
IA (BL)
cncl 5" s 5" s no no no 702.7 (def.), 724.4; Balisongs are "dangerous weapons" and are illegal to carry concealed: In Re. F.A.B. (2004). It's likely that daggers and autos would also be "dangerous weapons". (Note: entry fixed 2004-03-13)
open yes yes yes yes yes
IL (BL)
cncl yes yes yes no According to statute, a crime involving most knife carry only occurs if there is intent to use the knife unlawfully. Like several other state, though, in liberal areas like Chicago it's likely that unlawful intent would be presumed.
open yes yes yes no
IN (BL)
cncl yes yes yes no yes IC 35-47-5-2
open yes yes yes no yes
KS (BL)
cncl 4" s no no no no
open 4" s no no no no
KY (BL)
cncl SAK?* cl no no no no 500.080, 527.020; * Stout v Commonwealth 33 S.W.3d 531 (2000) held that a 3" locking folder is deadly weapon. Also see Mason v Commonwealth 396 S.W.2d 797 (1965), Montgomery v Commonwealth 346 S.W.2d 479 (1961), Williams v Commonwealth 304 Ky. 359 / 200 S.W.2d 926
open yes yes yes yes yes no
LA (BL)
cncl <4"* cl no no no * State v. Ordon suggests that a 4" knife is illegal;

open yes? yes yes no
ME (BL)
cncl yes yes yes no yes
open yes yes yes no yes
MA (BL)
cncl yes yes no 1.5"? s yes 269-10(b)... a typical lawyer-turned-legislator-crafted 232-word sentence fragment. I have no idea what it means, and I haven't found any illuminating caselaw.
open yes yes no 1.5"? s yes
MD (BL)
cncl yes ?* no no no GCR 4-101; * technically "yes" unless it's intended as a weapon, but probably no. Again, this is a situation where intent is required by the statute, but ends up being presumed unless the defendent can prove otherwise. Anderson v State broadly discusses the statute and some D.C. caselaw on the subject.
open yes yes yes yes yes
MI (BL)
cncl yes yes no no yes 750.226a; 750.227; It's illegal to carry anything above a 3" statutory limit with intent to use unlawfully. The standard caution applies: unlawful intent could be presumed by a court if the knife is scary enough. Also, no carry of daggers/stilettos, concealed or not, is allowed in a vehicle.
open yes yes yes no yes
MN (BL)
cncl yes? yes? ? no yes? 609.66(1)(4) and (5);
 

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Blade Length limits for Knife Carry in the U.S.-PART II

State open / cncl -folder- -fixed- dagger auto bali univ notes

MN (BL)
cncl yes? yes? ? no yes? 609.66(1)(4) and (5);
open yes? yes? ? no yes?
MO (BL)
cncl 4" s no no no ? 571.010(10),571.030;
open 4" s no no no ?
MS (BL)
cncl yes* yes* no no yes* 97-37-1; * bowie and butcher knives are illegal to carry. No definitions are given.
open yes yes yes yes yes
MT (BL)
cncl 4" s 4" s no no 4" s 45-8-316,331;
open yes yes yes no yes
NC (BL)
cncl 3.5"?* cl no? no no no? 14-269; * 4.5" handle length, carried closed, is legal (therefore the blade length is probably around 3.5"): Dale B. (juv) 96 N.C. App. 375. There is very little other caselaw, and like in most places, the statute may not be routinely enforced.
open 3.5"?* cl no? no no no?
ND (BL)
cncl 5" 5" no no 5"? 62.1-01;
open yes yes yes yes yes
NE (BL)
cncl yes yes* no no? yes 28-1202. * Bowies are prohibited. 28-1201 is disturbing; it defines knives as anything more than 3.5", but "knife" is never used in Section 28 in a manner that could utilize that definition.
open yes yes* no no? yes
NH (BL)
cncl yes yes no no yes 159:16;
open yes yes no no yes
NJ (BL)
cncl * * no no no 2C:39-3; Apparently you need an explainable lawful purpose to get away with carrying anything besides a dagger/dirk/stiletto, auto, gravity, or balistic knife, which are flat-out illegal. Even then, as in most states, certain less-common knives would probably be "per se" weapons even with an explanation. * NJ state police seem to think all knives are illegal unless the carrier has an explainable lawful purpose. Legally, that probably isn't so, but it may take a court hearing, some lightening of your pockets, and some quality time in jail to sort things out.
open no no
NM (BL)
cncl no no 30-7-8;
open yes no
NV (BL)
cncl yes yes yes 2" s
open yes yes yes 2" s
NY (BL)
cncl yes yes yes no yes* Other than switchblades and gravity knives, dangerous knives are only illegal when coupled with intent to harm another; that intent is presumed if the carrier possesses drugs. In re Alicia P. cites interesting knife-related caselaw. NY law requires malintent for most kinds of knives before carry becomes illegal. People v Kindred 18 A.D.2d 1086 held that a 15-18 inch knife was a "per se" weapon, possibly under a defunct statute. * Balisongs are not gravity knives: People v. Zuniga (2003).

open yes yes yes no yes*
NYC
cncl 4" s 4" s 4" s no no? Switchblades are banned on account of State law. Limits are for concealed carry only; open carry is banned.
open no no no no no
OH (BL)
cncl 4"* cl no no no 2923.12; concealed deadly weapons are prohibited. Balisongs are deadly weapons: Columbus v. Dawson. * A locking 4" folder is not a deadly weapon by itself, but these cases talk about the knives as if they required two-handed opening; modern knives with thumbholes/studs for one-handed opening may not be legal: State v. Anderson,

open yes yes yes yes yes
OK (BL)
cncl yes yes* no* no* no*
open yes yes* no* no* no*
OR (BL)
cncl yes yes no no no 166.240; prohibitions may not be constitutional: State v. Delgado, 298 Or. 395 (1984)
open yes yes yes yes? yes
PA (BL)
cncl yes yes Balisongs are okay: Commonwealth v. Miles.

open yes yes
RI (BL)
cncl 3" s 3" s 3" s 3" s 3" s 11-47-42;
open yes yes yes yes yes
SC (BL)
cncl yes yes yes yes yes
open yes yes yes yes yes
SD (BL)
cncl yes yes yes yes yes* * 22-14-29: carry by minors is restricted;
open yes yes yes yes yes*
TN (BL)
cncl 4" s 4" s 4" s no
open 4" s 4" s 4" s no
TX (BL)
cncl 5.5" s 5.5" s no no no 46.02; Note: caselaw suggests that blade length is measured from tip to handle; see McMurrough v State 995 S.W.2d 944; Rainer v State 763 S.W.2d 615. Folding knives can be daggers if dual-edged: see Goldberg v State 95 S.W.3d 345. Balisongs/Butterfly knives are opened by centrifugal force and are prohibited: Smith v. State, 1988 (no cite). Note, however, that that case is not citable as authority for the Prosecution if you are arrested for bali carry. Other cases mentioning in passing that butterfly knives are illegal: 926 S.W.2d 307 (1996); 2003 Tex. App. LEXIS 5473.
open 5.5" s 5.5" s no no no
UT (BL)
cncl 3.5"?* cl no no no * This is a guess based on Kirkwood (cite below; 4" bad, 3" good). "Dangerous weapon" cases tend to involve restricted persons, so the law may not be generally enforced on people stopped for ordinary infractions. See State v Kirkwood, 47 P.3d 111 (2002). A very unhappy Appeals Court also decided that a 4.5" folding knife is a "dangerous weapon", 898 P.2d 271 (1995) due to stare decis of State v Archambeau 820 P.2d 920 (1991).
open yes yes yes yes
VA (BL)
cncl yes yes no no yes 18.2-308;
open yes yes yes yes yes
VT (BL)
cncl yes yes yes 3" yes 13-4003,4013,4016;
open yes yes yes 3" yes
WA (BL)
cncl yes yes no no no 9.41.250, 270;
open yes yes yes no no
WV (BL)
cncl 3.5" s 3.5" s 3.5" s no no 61-7-2,3; Statute declares that most knives over 3.5" are illegal to carry concealed; pocketknives <3.5" and hunting/fishing knives (which probably require evidence of sporting use) are legal, anything else is in a gray zone.
open yes yes yes yes yes
WI (BL)
cncl yes* no no no no 941.23,24: concealed carry of "dangerous weapons" and switchblade/gravity/flickable knives is strictly illegal. Balisongs are illegal: 149 Wis. 2d 534 (1989).
open yes* yes yes no no
WY (BL)
cncl ? no no no ? 6-1-104,6-8-104; "deadly weapon" is determined by an item's inherent intended use or by carrier's intended use. Statute is constitutional: State v. McAdams (1986).

open yes yes yes yes yes
Where blade length is specified, "s" means the length limit is written into the statute, while "cl" means the length limit is based on caselaw.
The "college" column indicates a statutory limit for colleges more restrictive than usual. Many colleges have their own policies, and breaking them might result in unpleasant hassling by police, but such policies are not law.
Stilettos/poniards are not dealt with here. (Sharp pointy things with no functional edge.)
CCW exemptions to non-firearm carry laws are not mentioned in this page. If you have a CCW/CHL/CHP, it may give you permission to carry knives that would otherwise be illegal. This is notably the case in Florida, where a handgun permit is really a concealed weapon permit, and allows you to carry virtually anything as long as you keep it concealed.
 

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You can carry an auto knife in Ky concealed with a CDW permit. The lawers you have to lesten to for the courses written test state specifically that the licence applies to ALL deadly weapons in ANY ammount. The Kentucky Revised Statutes are very specific about what constitutes a deadly weapon in most instances. There are a few Uncertain zones in dealing with knives, particularly fixed blades, on whether certain ones are utility knives or Deadly Weapons. In either event a CDW covers you. (not a lawyer of course, just repeating the part of the course the State had layers do)

That stated I am not a big fan of auto knives. Good ones cost to much. I have owned a couple cheap ones and both were mostly used launch paper clips.
 
better legal carry knife for overall use

For overall use, if that means utility, I prefer a small Spyderco folder like the Dragonfly or Delica or Endura.

For a self-defense/survival folder, I like the Spydie Military.

If I was a cop looking for backup to a gun, maybe something like a neck knife or small fixed blade, e.g. Ka-Bar TDI series.
 
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