Ohio Knife Laws (Switchblades)

P

Pharley

New member
Does anyone know if it is legal to carry a switchblade on your person in Ohio? I found a law that says you cannot sell them, or carry them with intent to sell. And another that says you cannot have a ballistic knife, which I don't interpret to fit a switchblade. But I can find nothing on owning or carrying a switchblade. Is this considered the same as a regular knife? Thanks,
Rob
 
Ha Ha

I guess it's just a rumor over here in PA then. I was always told "if ya want a switch blade just go to the flea market in Ohio, they're legal there."

Funny, it's kind of the same with fireworks. I went over & got a bunch last 4th of July & they would only sell them to NON Ohio residents! So I showed my PA drivers license (where said fireworks would be illegal) & they sold them to me no problem. However my destination had to be "out of Ohio" So I figure I must have to then travel to a third unknown state to set off the fireworks?:confused: Never did get to use those. Just drove around searching for a place 'til I ran out of gas at which point SOMEONE STOLE MY FIREWORKS;) So back to PA I went:D

Sorry I can't help you. Just kinda funny.
 
Trip,
I read the 2nd link you posted, and it is still unclear through the passages if they are legal to POSSESS or not. It seems clear they are illegal to sell, but possess under the transaction section is not really addressed.

Thanks for the repiles.
Rob
 
They are legal to posess, but not legal to carry, don't remember where I read the law but I have several so I looked it up.
See lots of them at flea markets and gun shows.
 
Like Bulltoad, I've seen them at many gun shows, but they are illegal to carry in Ohio. Stranger things I've seldom seen.
 
It seems clear they are illegal to sell, but possess under the transaction section is not really addressed.
Click to expand...

Ohio has the unique distinction :barf: of having the catch-all "Posession of Criminal Tools" charge.

ie: Anything can be considered a *criminal tool*.

Posession of a switchblade isn't a crime, per say. Posession of a criminal tool is a crime.
So when exactly does the switchblade stop being a switchblade and become a *criminal tool*, is the obvious question.
The answer is that it stops the exact second John Law says so.
 
Hal

There have been attempts to use that section as a catch-all, but the courts have repeatedly ruled that there must be criminal intent. Simply possessing something doesn't qualify unless that something is illegal to begin with.

§ 2923.24. Possessing criminal tools.

(A) No person shall possess or have under the person's control any substance, device, instrument, or article, with purpose to use it criminally.

(B) Each of the following constitutes prima-facie evidence of criminal purpose:

(1) Possession or control of any dangerous ordnance, or the materials or parts for making dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials, or parts are intended for legitimate use;

(2) Possession or control of any substance, device, instrument, or article designed or specially adapted for criminal use;

(3) Possession or control of any substance, device, instrument, or article commonly used for criminal purposes, under circumstances indicating the item is intended for criminal use.

(C) Whoever violates this section is guilty of possessing criminal tools. Except as otherwise provided in this division, possessing criminal tools is a misdemeanor of the first degree. If the circumstances indicate that the substance, device, instrument, or article involved in the offense was intended for use in the commission of a felony, possessing criminal tools is a felony of the fifth degree.
Click to expand...
(Source: Anderson's Ohio Revised Code Online)

I can't charge you for having a screwdriver in your possession while walking down the street, but I can charge you for it if you're caught taking the screws out of door hinges in an attempted burglary.
 
That's why I like Oregon law.

I'm sitting here with a Benchmade Auto on my pocket at the moment. I carry it in town, at work, etc..

Also, most of the "Swtichblades" that you find at gun shows, pawn shops, etc.. are Kit Knives. They come with some assembly required which gets around federal law.

They are crap :barf: . The springs are so weak that it's just about useless, they would work better if you just put a thumb opener on it. If you are able, get a real Auto from Benchmade (have to be in Oregon to buy, posses unless you're LEO or Military with permission from your Commanders). For those of you lucky enough to live in the state which have companies that make knives, and your state allows it, I would get good quality instead of those things.

Wayne
 
Capt,
"can't charge for having a screwdriver"..
err,,kinda...
Both of us being adults though, you know perfectly well that the P of CT is one of those nasty "multiplier" laws the ORC has.
Take your scenerio of the screwdriver and the door. Chances are that the "door" charges would be either dropped or plea bargined away. The P of CT's charge would probably stick and/or be the actual charge peaded to.
"If the circumstances indicate that the substance, device, instrument, or article involved in the offense was intended for use in the commission of a felony, possessing criminal tools is a felony of the fifth degree."
That right there = almost a guarenteed felony conviction, despite no other charges.
In the other 49 states, there would either be a charge of an actual crime, or a plea against the actual crime.

Anywho - both of us are actually one the same page here.
My flagging the P of CT charge was a way of saying "Don't carry contraband",,if you do carry contraband,,,be very very careful of what you're doing when /how/why you have it.

eg:
I have no doubt if I bought a Benchmade auto at a gun show and slipped it into my shirt pocket and was stopped for a couple of miles over the limit on the way home, the cop would probably say "keep that thing out of sight". And let it go at that.


OTOH, if I had the same knife in the same pocket,,,AND a belly full of beer,, AND was doing 40 over,,,AND in a school zone,,, AND that school zone wa the one that John Laws kids were in,,,I'd get hit with a P of CT charge AND a swithblade charge AND a carrying a concealed weapon charge, AND any/everythng else possible.
 
OTOH, if I had the same knife in the same pocket,,,AND a belly full of beer,, AND was doing 40 over,,,AND in a school zone,,, AND that school zone wa the one that John Laws kids were in,,,I'd get hit with a P of CT charge AND a swithblade charge AND a carrying a concealed weapon charge, AND any/everythng else possible.
Click to expand...
That's called stacking (charges) and it's borderline double jeopardy. I don't know how other departments handle this, but it's strongly frowned upon by both my dept., our prosecutor, and the USDOJ. No doubt it's done, but not by a credible department and a steady habit of such might just get that dept. slapped with a USDOJ consent decree.
 
No doubt it's done, but not by a credible department and a steady habit of such <snip>
Click to expand...
It's a favorite of the Ohio State Patrol and SOP for most departments up here in the North of the state.

Eg.
My ex wife. We were divorced in 1973. In 1993, she shot husband number five3 times. She watched him bleed out all night long, and in the morning (when she sobered up) she hauled him off to the hospital. On the way there, she stopped for coffee ( did I mention she' cold?! ;)). While sipping her coffee, she mopped up some of the blood from the van, and tossed the rag in a dumpster.

She was charged and convicted of:
- Attempted Murder. (w/gun spec)
- Aggrevated Assualt
- Tampering with evidence (tossing the bloody rag)

Not that I care all that much - but - it does seem to me that they piled the assualt and tampering charges on.

I also spoke about concealed carry with a member of the Kent police dept a few years ago. He was part owner of the range where I was a member. He was actually the one that used the term "multiplier" , referring to the charge of carrying a concealed weapon.
ie: First time is a misD. 2nd a felony.

The infamous "having a firearm under a disability" is another fine example of a law which is open to abuse. I could cite numerous abuses of that one also.

Suffice it to say that the practice, while frowned on in the lower part of Ohio, is widespread up here in the North
 
flame away,,,

but I can't for the life of me see a reason to carry a knife other than my swiss army for trimming my mustache and opening bottles....
 
You must log in or register to reply here.
Back
Top