Quick Legal Facts
Concealment is an issue.
No deadly weapon in a safe school or recreation zone.
The Delaware State Constitution provides as follows:
A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use.
Del. Const., Ar:f. I, § 20
Delaware state law regarding the possession and carrying of knives may be found at Title 11 of the Delaware Code, which is captioned Crimes and Criminal Procedure.
A switchblade knife, defined as a knife the blade of which is released by a spring mechanism or gravity. 11 Del. C.§ 1446.
It is unlawful to sell, offer to sell, or otherwise deal, with a switchblade knife. 11 Del. C. § 1446.
Delaware law also prohibits manufacturing (on a commercial scale or commerce in) undetectable knives. Essentially, this pertains to knives not readily discernible by a metal detector or magnetometer.
§ 1446A. Undetectable knives; commercial manufacture, import for commercial sale, or offers for commercial sale; or possession
(a) Any person in this state who commercially manufactures or causes to be commercially manufactured, or who knowingly imports into the state for commercial sale, keeps for commercial sale, or offers or exposes for commercial saie, or who possesses any undetectable knife is guilty of a class G felony. As used in this section, an “undetectable knife” means any knife or other instrument with or without a himdguard that is capable of ready use as a stabbing weapon that may inflict serious physical injury or death that is commercially manufactured to be used as a weapon and is not detectable by a metal detector or magnetometer because there is no material permanently affixed that would be detectable by a metal detector or magnetometer, either han~held or otherwise, that is set at standard calibration.
11 Del.C. § 1446A
Concealment is an issue. In particular, it is a crime to carry a “deadly weapon,” as statutorily defined, upon or about the person, without a license to do so, as provided by§ 1441 of this Title. 11 Dei.C. § 1442. Deadly weapon is defined as:
(5) ‘Deadly weapon’ includes a ‘firearm’, as defined in paragraph (12) of this section, a bomb, a knife of any sort (other th.an an ordinary pocketknife carried in a closed position), switchblade knife, billy, blackjack, bludgeon, metal knuckles, slingshot, razor, bicycle chain or ice pick or any ‘dangerous instrument’, as defined in paragraph (4) of this section, which is used, or attempted to be used, to cause death or serious physical injury. For the purpose of this definition, an ordinary pocketknife shall be a folding knife having a blade not more than 3 inches in length . .
11 Dei.C. § 222 (5)
Essentially, a knife of any sort, other than an ordinary pocketknife having a blade of three inches (3″) or less in length, is considered a “deadly weapon” and cannot be carried in a concealed manner.
§ 1457 of the Delaware Crimes Code prohibits possession of a firearm or deadly weapon in a safe school or recreation zone.
Not more than 3 inches–length limitation for “ordinary pocketknife.”