The American Knife and Tool Institute (AKTI) is a 501(c) 6 nonprofit organization representing all aspects of the knife industry. As a part of its mission to educate and inform members of the knife community as well as the public, legislative and law enforcement entities about knives and knife laws, AKTI offers these definitions for knife designs or knife styles which are the subject of federal and /or state prohibitions.
AKTI suggests that law-abiding citizens should be able to carry knives, cutting tools, and for that matter edged weapons, without the fear of arbitrary, inconsistent and ineffective restrictions as to blade shape, style, length or other such characteristics.
AKTI further suggests that to the extent there are existing laws which prohibit the possession or carrying of certain types of knives, these laws must be construed narrowly and with deference to the United States Constitutional requirement of due process, as well as the right reserved to the citizens by the United States Constitution and the Constitutions of various states to keep and bear arms.
AKTI encourages law enforcement and the administration of criminal justice to be guided by these definitions. It must be noted, however, that these are recommendations, and AKTI cannot require any particular officer or court to observe them. Accordingly, AKTI cannot be responsible for any adverse consequences deriving from the misapplication or failure to apply these recommended definitions.
Various laws concerning knives involve a blade length. However, there is an extremely wide variety of blade shapes and handle shapes. In the absence of an objective and standardized method for determining blade length, there is the possibility of inconsistent enforcement. AKTI has developed a Protocol for Measuring Knife Blade Length.
For additional history and explanation regarding difficulties and inconsistencies in knife definitions, read Expanded Introduction.
Also see: Understanding Bias Toward Closure and Knife Mechanisms | Protocol for Measuring Blade Length
- Ballistic Knife
- Bias Toward Closure
- Bowie Knife
- Dagger
- Dirk
- Effective Cutting Edge
- Gravity Knife
- Inertia Knife
- Switchblade
- Stiletto
Ballistic Knife
A device by which a blade becomes separated from the handle and is propelled or becomes a missile, utilizing energy stored by some mechanism within the device. A ballistic knife does not include a cross bow, spear gun, or archery bow. Further, the term ballistic knife does not include an implement described or labeled as a “throwing knife” unless the blade of such throwing knife becomes separated from the handle during the intended and normal use of the device.
Comments on Ballistic Knives
Among those states which currently prohibit “ballistic knives” are Colorado, Florida, Georgia and Virginia. See State Knife Laws.
Examples of a ballistic knife, which can be practically and routinely used as a knife in the conventional sense are unknown.
The distinguishing feature of a ballistic knife is that the blade can be launched or propelled as a projectile or missile separate from the handle. It is not inconceivable, however, that prohibitions as to ballistic knives might inappropriately be applied to a knife designed to be thrown. Accordingly, the definition includes the essential requirement of separation from the handle and the use of stored, as opposed to kinetic, energy. It is the position of AKTI that a ballistic knife should be regulated in the same manner as an archery bow, cross-bow, speargun, etc.
Bias Toward Closure
The tendency to remain in the closed or folded position, imposed by a spring or mechanical load, unless acted upon by manual force.
For more see Understanding Bias Toward Closure and Knife Mechanisms.
Bowie Knife
The term “Bowie knife” is vague, over broad, and does not refer to a well-defined category. An examination of sample definitions shows little consistency and a lack of specificity.
It is the position of AKTI that statutory restrictions based on the possession or carrying of “Bowie knife” are defective under the US Constitution.
Comments on Bowie Knives
“Bowie” knives are the subject of statutory restrictions in several states, none offer a definition as to what constitutes a “Bowie” knife. See State Knife Laws.
The notoriety of the Bowie knife derives from a duel conducted in 1827 on a sandbar in the Mississippi River. Duels were often arranged to occur on islands where there may be jurisdictional issues and a reduced likelihood of prosecution of the participants under the various anti-dueling laws enacted in the early 1800s.
James Bowie was among the participants supporting one of the two duelists. The actual duel concluded without either duelist being injured, but perhaps given the attendant emotional charge, a fight erupted among the supporting participants. Two people were killed and two more, including Bowie were injured. Bowie’s injuries included two or three bullet wounds and several edged weapon wounds from which he unexpectedly recovered.
The incident was widely reported. It may be that Bowie’s resilience rather than his knife was the remarkable aspect. In any event, the term Bowie knife entered the lexicon and generally referred to large knives that were carried as weapons and were suitable for dueling. Legislative magical thinking lead to Bowie knife prohibitions as a way to stop the practice of dueling. A typical example is an 1837 legislative enactment in Tennessee which provided, “Any person who carries under his cloths, or concealed about his person, a Bowie Knife, Arkansas Toothpick, or other weapon of like form, shape, or size, is guilty of a misdemeanor. . .”. (Section 6630 of Shannon’s Code)
Dagger
A knife having a generally straight fixed blade with dual effective cutting edges.
Comments on Daggers
A substantial number of states have enacted statutory restrictions which mention “dagger” or “daggers” by that name or eo nomine, yet none provide any guidance as to what constitutes a dagger, or why daggers – as opposed to other types of knives – should be restricted. See State Knife Laws.
The California statutory definition is illustrative.
“As used in this section, a ‘dirk’ or ‘dagger’ means a knife or other instrument with or without a hand guard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A non-locking folding knife, a folding knife that is not prohibited by Section 653K, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position.” West’s Annotated California Penal Code, Section 12020( c)(24).
The California law provides that any person who “carries concealed upon his or her person any dirk or dagger” is subject to punishment by imprisonment for a period not exceeding one year. Section 12020(a)(4).
There is obviously a problem where a fundamental right reserved to the people under the Constitution is infringed by such an arbitrary and indefinite state law. We have the right to keep and bear arms. If the state must, for some compelling reason, restrict this right, then it must do so in the least restrictive manner and with specificity. The California definition of dagger, which is essentially an instrument capable of ready use as a stabbing weapon, is very non-specific, and for that matter, overboard.
The answer to the question of whether an item is or is not a dagger should not be determined on the basis of the identity of the person possessing the object nor, for that matter, the whim of a law enforcement officer. It should not turn on whether the person is wearing a biker vest or a vested suit. Moreover, a citizen should not need to seek expert advice from a military historian, or one who has studied the history and development of weapons. The law should be written with clarity.
AKTI notes that Section 5.07 of the Model Penal Code, captioned “Prohibited Offensive Weapons,” provides:
. . . “Offensive Weapon” means any bomb, machine gun, sawed-off shotgun, firearm specially made or specially adapted for concealment or silent discharge, a blackjack, sandbag, metal knuckles,dagger, or other implement for the infliction of serious bodily injury that serves no common lawful purpose (Model Penal Code Section 5.07 – emphasis supplied).
The authors of the Model Penal Code neither define dagger nor offer any explanation as to why it would be suitable only for offensive uses and have no other common, lawful purpose. AKTIsuggests that a knife coming within the suggested definition of a dagger can be a useful tool for innumerable lawful and especially defensive purposes. Given that we have a right to keep and bear arms, we should have a right to keep and bear effective arms. It makes no sense to cede the possession and bearing of effective edged weapons to those willing to live and act outside the law.
Dirk
It is the position of AKTI that the label “dirk” is too vague. Standing alone it does not provide sufficient guidance to determine what is, and is not, a dirk.
Comments on Dirk as a Prohibited Knife
The online Oxford Dictionary defines “dirk” as a short dagger of a kind formerly carried by Scottish Highlanders.” The Wikipedia online encyclopedia article describes “dirk” as “A long thrusting dagger. . .” Which is it? Long, or Short? Are “dirks” unique to the Highland Scots?
Some 28 states have statutes that specifically mention a knife referred to as a “dirk”. One of those states, South Carolina, explicitly provides that “dirks”, among other weapons, may lawfully be carried in a concealed manner by persons who do not attempt to use same in the furtherance of a crime. In other words, carrying a concealed “dirk” is okay in South Carolina provided there is no criminal intent. The statutory provisions in the remaining 271 states are restrictive in nature. See State Knife Laws.
The state of California Penal Code section 21310 defines a “dirk” or “dagger” as “a knife . . . that is capable of ready use as a stabbing weapon that may inflict great injury or death.” This description fits any number of items available in many shopping malls at Williams–Sonoma or a typical hardware / home improvement store.
One Emmanuel Castillolopez was convicted in 2012 of violating this particular California provision because he had a “Swiss army knife” in a pocket with the blade opened.
Mr. Castillolopez sought review by the California Court of Appeal which reversed the conviction. The California Attorney General, Kamala Harris,2 took the case to the California Supreme Court in a desperate attempt to preserve the conviction and expand the draconian California knife prohibitions. AKTI filed an Amicus Curiae or “Friend of the Court” Brief in support of Mr. Castillolopez. Fortunately the CA Supreme Court ruled with the Court of Appeal, the position of AKTI, and the conviction was reversed. See People v. Castilloopez.
A little online due diligence in an attempt to remain legally compliant, as mentioned above, will not provide sufficient guidance for one attempting to exercise a right under the U.S. Constitution, and most state constitutions as well to keep and bear arms. Laws restricting fundamental rights must be concise and narrowly drafted so as to minimize infringement.
In the absence of a valid reason to prohibit the concealed carry of “dirks” in South Carolina, only those who may use the item in furtherance of a crime are subject to punishment. None of the 27 states listed in footnote 1 specify why “dirks” are restricted. Perhaps it is the result Highland Scots diaspora?
If one is permitted under the law of a given state to carry a knife, but not a “dirk,” how does that person differentiate between a knife and a dirk? How do police officers and other involved in law enforcement apply the law consistently? How do we determine whether the simple possession of a given cutting instrument should be punishable because it may be a “dirk”? What if the accused is wearing a kilt? Would there be a presumption under the law that a given knife is a dirk? Is there unique and definable aspect of a given knife which should condemn those who possess it? If so, what is it?
As indicated by the online Oxford Dictionary reference above, “dirks” are associated with Scottish Highlanders. Uprisings in Scotland beginning in 1716 led to the series of “Disarming Acts” imposed on Scotland by the English government. Dirks were banned. Eventually even kilts, clan tartans, and other indicia of Scots culture were banned. In our world of today, this would be akin to ban on yellow hand towels applied to Pittsburgh Steelers football fans.
AKTI respectfully suggests that a statutory prohibition which simply applies to “dirk” is constitutionally defective as vague and overbroad.
Footnote 1 – AR, CA, CO, FL, GA, HI, ID, IL, MD, MA, MI, MO, MT, NE, NJ, NM, NY, NC, OK, OR, RI, SC, TX, VA, WA, WV.
Footnote 2 – Kamala Harris was elected to the US Senate on November 8, 2016.
Effective Cutting Edge
An edge capable of performing ordinary, routine cutting tasks associated with activities such as food preparation or food service, or other common uses, including but not limited to farming, animal husbandry, gardening, building trades, hunting, fishing or any trade or crafts.
Gravity Knife
A folding or moveable blade knife in which the blade is held in the closed position by a latch mechanism released by a button on the handle or other mechanical triggering device. A gravity knife does not include a knife that can be opened with one hand utilizing manual pressure applied to the blade, or to a thumb stud, declivity or spur of the blade; nor does gravity knife include a knife with a blade that can be opened by means of inertia or other such force produced by hand, wrist, arm or other bodily movement provided the knife has a detent, spring, structure or other such mechanism that provides a bias or spring-load toward the closed position.
Comments on Gravity Knives
So-called gravity knives are prohibited in states including Connecticut, Maine, and New York. See State Knife Laws.
Prohibitions pertaining to gravity knives are directly related to prohibitions regarding switchblades. For instance, the 1958 Federal Switchblade Act defines “switchblade” knife as any knife having a blade which opens automatically-
1. By hand pressure applied to a button or other device in the handle of the knife, or
2. By operation of inertia, gravity, or both. (12)
The term “gravity knife” occurs in a number of places within the legislative record concerning the 1958 Federal Switchblade Act. In those instances, there are specific references to the World War II German paratrooper or Fallschirmjager knife. (13)
There was perhaps a time in the post-World War II period extending into the mid-1950s, when souvenir German military paratrooper’s knives, brought back to this country, were routinely carried. These knives are rare and have long since become highly sought after by collectors.
While the gravity knife prohibitions were enacted to address an alternative to the switchblade, the gravity knife statutes are routinely applied to knives which cannot be opened by gravity and were never intended to be the subject of those 1950 era laws.
The Fallschirmjager knife was designed with a blade which extended from the handle in a telescoping fashion. In normal use, the Fallschirmjager knife was held in a vertical alignment with the front of the handle and the tip of the knife enclosed within that handle in the down position. Depressing a small lever or switch on the handle released the blade, and gravity pulled it into the down position where it mechanically latched. As an alternative to gravity, the user could generate inertial force by a flourishing movement of the arm, along with a coordinated release of the lever, which caused the blade to open and lock. This more flamboyant kinetic method was preferred by the teens of the late 1950’s (see below discussion as to Switchblades) and explains why many of the laws dating from the mid-to-late 1950’s, which proscribed switchblade knives, also apply to so-called “inertia knives” or “gravity knives.” One of the goals was to include the Fallschirmjager knife.
It should be noted that this paratrooper’s knife was not designed as a weapon, but rather as a tool to be used by an unfortunate paratrooper who became entangled in a tree during a descent. The blade could be exposed with only one hand (even the non-dominant hand) and could be used to cut the shroud lines, the harness, or perhaps small branches.
Eickhorn-Solingen Ltd., a successor to one of the World War II Fallschirmjager manufacturers, still produces a “rescue knife” using the same gravity opening design. It appears to be intended for the firefighter/first responder market.
Another form of so-called gravity knife emerged in the 1950’s as states began to prohibit switchblades.
Many of the switchblades popular with teenagers in the 1950’s were imported from Italy, and in particular, the Italian knifemaking center of Maniago. When prohibitions against spring-activated switchblade knives were put into effect, the Italian manufacturers sought to preserve their market by simply removing the spring, which drove the blade open when triggered by a push button on the handle. Outwardly, these knives resembled switchblades, complete with the button on the handle.
These knives did not have the spring action, but these knives also did not have a bias toward closure. American teens quickly perfected the kinetic opening method initiated by pushing the button followed by deft arm or wrist movement. The dramatic effect of the quick opening, as portrayed on the silver screen, was the objective. For the 1950’s era teen, the switchblade was neither a tool nor a weapon. Rather, it was a talisman, the display of which bestowed what might now be referred to as “street credibility.”
While the gravity knife prohibitions were enacted to address an alternative to the switchblade, the gravity knife statutes are routinely applied to knives which cannot be opened by gravity and were never intended to be the subject of those 1950 era laws.
In 2009, the Federal Switchblade Act was revised* so the gravity or inertia provisions would not be misapplied. The effect of the 2009 change is that the prohibitions of the Federal Switchblade Act do not apply to:
A knife that contains a spring, detent or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand, wrist or arm to overcome thebias toward closure to assist in opening the knife. (14)
Several other states, notably Texas and Kansas, have enacted similar changes. AKTI has an ongoing effort to achieve such legislative relief in other jurisdictions.
*Due to efforts of the AKTI and other organizations, incorporating AKTI’s Bias Toward Closure language, successfully first used in California in 2001
Inertia Knife
See discussion and Comments relative to Gravity Knife.
Switchblade
A knife with a blade that is exposed in an automatic way and moved from the closed position to the open position exclusively by the release of a compressed spring. A switchblade knife does not include a knife that opens with one hand, utilizing thumb pressure applied to the blade, or to a thumb stud, declivity, or spur of the blade, nor does switchblade include a knife with a blade that can be opened by means of inertia or other such force produced by hand, wrist, arm or other bodily movement, provided that the knife has a detent, spring, structure or other such mechanism that provides a bias toward closure which must be overcome in opening the blade.
(Also described as switch knife, flick knife, spring knife or automatic knife.)
Comments on Switchblades
Several states do not prohibit switchblades. See State Laws Regarding Auto-Open Knives. Approximately one quarter of the states resisted the impulsive rush of the 1950 decade to outlaw switchblades. Several states have repealed switchblade prohibitions. Interestingly, an examination of Uniform Crime Report data does not suggest a relationship between crime levels including knife or cutting instrument crime and switchblade prohibitions.
Blackboard Jungle, a movie set in an urban high school, was released in March of 1955. The movie generated an extraordinary level of excitement among American youth.
Glenn Ford was cast in the role of an ethical, well-intentioned teacher named Richard Dadier, where he was opposed by the switchblade-wielding gang leader, Artie West, played by Vic Morrow. West derisively referred to Dadier as “Dadio,” a name which quickly entered the teen lexicon as a term of disrespect for teachers or adult authority figures. (15)
In October of 1955, Rebel Without a Cause, featuring James Dean in the role of a disaffected teenager, was released. This movie included a knife confrontation scene, which came to be a common feature in youth movies of that era. Teenagers adopted not only the language, but the clothing and props of the movie figures, which included switchblades.
The 1950’s era switchblades were nothing more than props for the teenagers and young adults of that era acting in their role as the disaffected generation. Many of the imported switchblade knives had blades of inferior steel which had not been tempered. This was of no consequence. The knives were never intended to actually cut anything after the dramatic opening.
The response was similar to that of the English government in reaction to the Scottish uprisings of the early 1700s – Disarming Acts (see Comments on Dirk). Many states moved quickly to outlaw switchblades with the Federal government enacting legislation in 1958, banning the production of switchblades for interstate commerce or sending switchblades through the mail.
Quality switchblade knives had been manufactured and widely sold since the early 20th century. Until these knives were stigmatized by movies such as Blackboard Jungle, they were commonly used by farmers and blue-collar workers throughout the first half of the 20th century who wanted a convenient way to open a pocketknife for some everyday task. Beginning in the mid-to-late 1950s, the switchblade took the place of the black handlebar mustache as a mark of the theatrical villain. In retrospect, the switchblade laws of the 1950s were an expediency of questionable constitutionality hurriedly passed to address a problem greatly magnified, if not created, by the movie industry.
The 1958 Federal Switchblade Act and the switchblade prohibitions enacted by various states during the 1950’s were a response to a teenager/young adult uprising, which was unsettling, but which did not involve knife crime. The real target of those laws was a specific demographic group, the members of which are now septuagenarians. The unnecessary and ill-conceived switchblade “disarming acts,” including the Federal Switchblade Act, should be repealed.
Switchblades are also sometimes referred to as “Automatics.” It is the position of AKTI that a “Switchblade” or “Automatic” is a knife in which the blade is open or exposed solely by means of stored mechanical energy released by a switch or the triggering mechanism, typically a button located on the handle of the knife. Accordingly, a knife in which there is some spring or mechanical assist would be excluded from this definition, provided that there is some bias or a spring load to the closed position and which must be overcome by thumb, finger or other manual movement applied to the blade.
Stiletto
It is the position of AKTI that the label “stiletto” is too vague and cannot be satisfactorily defined with sufficient precision. Accordingly, any law which provides an offense is committed by one who possesses or carries a stiletto is constitutionally defective.
Comments on Stilettos
Stilettos are prohibited in, among other states, Connecticut, Iowa, Missouri, and North Dakota. See State Knife Laws.
See Comments on Dagger.
Also see:
Understanding Bias Toward Closure and Knife Mechanisms | Protocol for Measuring Blade Length
Revisions 2017, Version 2012, Adopted 2005