Knife Laws in IN

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  • rhino

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    . . . Those officers technically disregarded their duties. IMHO, they did the wrong thing for the right reason. Your description of your friend shows that he means no one any harm, but the fact of the matter is that even when the law is disregarded, it's still the law.

    I don't think it's doing a wrong thing on their part. They have discretion and they should use it that way more often. I applaud them for doing what is right and just in spite of the law.

    I would say the same about police officers in Illinois who disregard laws prohibiting carrying guns for people who are otherwise law abiding citizens. Some of them have the good sense to ignore it when they find someone is carrying. Some really good ones will encourage people to carry in spite of the law.

    I do not support this because they're helping with a pet cause of mine. I support this because they are doing an inherently right, just, moral, and ethically sound thing. This harkens back to my repetition that "legal" is not synonymous with "right" and "illegal" is not synonymous with "wrong." Many things are illegal, but inherent right. Many others are entirely legal and inherently wrong.
     

    Bill of Rights

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    Where's the bacon?
    I don't think it's doing a wrong thing on their part. They have discretion and they should use it that way more often. I applaud them for doing what is right and just in spite of the law.

    I would say the same about police officers in Illinois who disregard laws prohibiting carrying guns for people who are otherwise law abiding citizens. Some of them have the good sense to ignore it when they find someone is carrying. Some really good ones will encourage people to carry in spite of the law.

    I do not support this because they're helping with a pet cause of mine. I support this because they are doing an inherently right, just, moral, and ethically sound thing. This harkens back to my repetition that "legal" is not synonymous with "right" and "illegal" is not synonymous with "wrong." Many things are illegal, but inherent right. Many others are entirely legal and inherently wrong.
    They have a sworn duty to enforce the law from the US Constitution on down. If they failed to enforce the law, they did the wrong thing insofar as that duty is concerned. They did it for the right reason, however; consider a girl of 18, out drinking with friends, gets raped. Technically, the officer's duty is to not only get her (via ambulance, probably) to an ER to get a rape kit done to collect evidence for prosecution, but also to at a minimum cite her for minor consumption. An officer doing so would be fulfilling the responsibilities of his/her job, but it would be very unkind to do so. That is, she's already been punished enough.

    In the real world, you're correct that it comes down to discretion. I don't question that. What I was getting at with the "wrong thing for the right reason" comment was the same point that was raised in the OC thread: If a sheriff tells people "Don't open-carry in my county!", he is in essence trying to legislate, which is not a function of his office. An officer failing to acknowledge a blatant violation is doing the same thing. I'm glad to take advantage of a decision like that in my favor, don't misunderstand me. I'm just not sure about how we can praise someone ignoring one law but condemn someone else for ignoring another.

    Blessings,
    Bill
     

    jordan93

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    ok so i just bought a 3pc 6-1/2" throwing knives and a 4 point 3-3/4" throwing star on Amazon. ao i can not own these so now what should i do with them?
     

    Bill of Rights

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    ok so i just bought a 3pc 6-1/2" throwing knives and a 4 point 3-3/4" throwing star on Amazon. ao i can not own these so now what should i do with them?

    [FONT=TimesNewRoman,Bold][FONT=TimesNewRoman,Bold]IC 35-47-5-12
    [/FONT]
    [/FONT][FONT=TimesNewRoman,Bold][FONT=TimesNewRoman,Bold]
    "Chinese throwing star" defined; related offenses​
    [/FONT][/FONT]
    Sec. 12. (a) A person who:
    (1) manufactures;
    (2) causes to be manufactured;
    (3) imports into Indiana;
    (4) keeps for sale;
    (5) offers or exposes for sale; or
    (6) gives, lends, or possesses;
    a Chinese throwing star commits a Class C misdemeanor.
    (b) As used in this section, "Chinese throwing star" means a
    throwing-knife, throwing-iron, or other knife-like weapon with blades set at different angles.​
    [FONT=TimesNewRoman,Italic][FONT=TimesNewRoman,Italic]As added by P.L.318-1985, SEC.2.[/FONT][/FONT]

    :welcome: to INGO, Jordan, and thanks for the rep you added. :)

    To answer your question, the 3pc, 6.5" throwing knives, if they have but a single blade, should be fine. Mere possession of the throwing star is a class C misdemeanor, so if that has not shipped to you as yet, you could possibly have it sent to someone outside of Indiana on your behalf, and avoid criminal conduct. If the person to whom you send it sells it for you and gets you your money back, you'd be OK, I think.

    As you're new, I'll spell out the usual abbreviated disclaimers applicable to this post:

    IANAL= I Am Not A Lawyer
    IDPOOTV= I Don't Play One On TV
    IDSIAHIELN= I Didn't Sleep In A Holiday Inn Express Last Night
    TINLA= This Is Not Legal Advice

    I do, however, hope this helps.


    Blessings,
    Bill
     

    esrice

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    Indy
    How do these laws apply to OTF (out the front) knives?

    I've never been very familiar with this type of knife, but a quick Google search shows most of them fitting into the "automatic" category, as a simple press or push of a button releases the blade to shoot out the front.

    Are there any "legal" OTFs that fall under the "assisted-opening" category?
     

    phrozen5100

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    I have seen some legal OTF knives at a gun show in South Bend a while back. They looked more than a little unsafe, and even the guy running the tables admitted he wouldn't want one in his pocket.

    Here's an interesting tidbit, though I am unsure if this supercedes IN law:

    CITE 15 USC Sec. 1244 01/24/94
    EXPCITE TITLE 15 - COMMERCE AND TRADE
    CHAPTER 29 - MANUFACTURE, TRANSPORTATION, OR DISTRIBUTION OF
    SWITCHBLADE KNIVES
    HEAD Sec. 1244. Exceptions
    STATUTE Sections 1242 and 1243 of this title shall not apply to -
    (1) any common carrier or contract carrier, with respect to any
    switchblade knife shipped, transported, or delivered for shipment
    in interstate commerce in the ordinary course of business;
    (2) the manufacture, sale, transportation, distribution,
    possession, or introduction into interstate commerce, of
    switchblade knives pursuant to contract with the Armed Forces;
    (3) the Armed Forces or any member or employee thereof acting
    in the performance of his duty; or
    (4) the possession, and transportation upon his person, of any
    switchblade knife with a blade three inches or less in length by
    any individual who has only one arm.
     

    Bill of Rights

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    I have seen some legal OTF knives at a gun show in South Bend a while back. They looked more than a little unsafe, and even the guy running the tables admitted he wouldn't want one in his pocket.

    Here's an interesting tidbit, though I am unsure if this supercedes IN law:

    CITE 15 USC Sec. 1244 01/24/94
    EXPCITE TITLE 15 - COMMERCE AND TRADE
    CHAPTER 29 - MANUFACTURE, TRANSPORTATION, OR DISTRIBUTION OF
    SWITCHBLADE KNIVES
    HEAD Sec. 1244. Exceptions
    STATUTE Sections 1242 and 1243 of this title shall not apply to -
    (1) any common carrier or contract carrier, with respect to any
    switchblade knife shipped, transported, or delivered for shipment
    in interstate commerce in the ordinary course of business;
    (2) the manufacture, sale, transportation, distribution,
    possession, or introduction into interstate commerce, of
    switchblade knives pursuant to contract with the Armed Forces;
    (3) the Armed Forces or any member or employee thereof acting
    in the performance of his duty; or
    (4) the possession, and transportation upon his person, of any
    switchblade knife with a blade three inches or less in length by
    any individual who has only one arm.

    15 USC 1242 & 1243 indeed do not apply to the situation in 1244 (4).

    There is, however, no such exemption in IC 35-47-5-2

    IC 35-47-5-2
    Knife with blade that opens automatically or may be propelled
    Sec. 2. It is a Class B misdemeanor for a person to manufacture, possess, display, offer, sell, lend, give away, or purchase any knife with a blade that:
    (1) opens automatically; or
    (2) may be propelled;
    by hand pressure applied to a button, device containing gas, spring, or other device in the handle of the knife.
    As added by P.L.311-1983, SEC.32. Amended by P.L.70-2000, SEC.2.

    In other words, a one-armed man will not violate any federal law by the possession of a switchblade, but if he does so in Indiana, he will be answerable to State Courts.

    Blessings,
    Bill
     

    BloodEclipse

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    In the trenches for liberty!
    I have looked and I do not see any law restricting possession of a knife by minors. I know I always had one as a kid but the ways the laws have become I was curious. Did I not find one because it doesn't exist or did I miss it?
     

    Fargo

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    Mar 11, 2009
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    In a state of acute Pork-i-docis
    I know of no restriction on minors per se; the no knives in school one is obviously aimed at them but not limited to minors. It is my understanding that that at least one county has taken assisted opening knives to trial and had the court of general jurisdiction, whether superior or circuit I don't know, rule that they did not fall under the automatic knife definition. I will try to find the county/case next time I get a chance. Also, it is my understanding that there is a significant push in the legislature to get the automatic knife statute repealed although I do not know the current status of that effort. If I do hear anything I will be sure to post back.

    All the best,

    Joe
     

    Indyvet

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    Mar 28, 2009
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    I sell knives at the gun show and when it concerns minors I generally make sure there parents are okay with it. That is just to keep some parent from coming back and yelling at me and wanting to know why I sold their child a knife. The spirng assisted are legal. They may be trying to make them illegal but for now they are good to go. I know several people that carry them and never had one open in their pocket and have not had any problems with them.
     

    mfrobert

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    Apr 13, 2009
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    Yes living in Indiana we are incredibly lucky, as you can walk down the street with a machete in your pant leg and be ok
     

    GunFaxdo

    Plinker
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    Nov 19, 2008
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    Chesterfield, Indian
    Yeah, want a cookie? Don't mock my intelligence, I just can't pull up the statues like you can. But even then, you can't tell me you know every single one by heart either, unless you deal with this on a daily basis 24/7. Now I know who not to go to for legal advice, especially with that attitude.

    There are just 3 Indiana laws on the books that relate to knives and they have been pasted verbatim into this thread more than once.

    In summary, they are:
    - no switchblades, no exceptions; class B misdemeanor

    - no throwing stars, no exceptions; class C misdemeanor

    - no knives at a school or on a bus unless given by the school, or possession approved by the school AND it's used for a school-approved purpose, OR if it's in a locked vehicle; class B misdemeanor (class A if repeat conviction) or class C felony if an injury to another person occurs.
    Selective enforcement does not make a law any less valid. Example:

    I was set up at a gun show a few years ago next to a guy who had dozens of throwing stars on his table.

    When a couple of fully-uniformed IPD (pre-IMCPD) cops came by, they just told him, "You'd better put those away".

    He did, and they shuffled on by.

    But they could have arrested him on one class C misdemeanor for EACH throwing star he had!

    By the way, thank you for your service.
     

    shinkle

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    Apr 15, 2009
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    johnson county
    my job is located near hendricks county and we travel through there all the time. in a pre-shift meeing one morning they warned us about not having spring-assisted knifes on our person.
     
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