Quick Legal Facts
Statewide Preemption:
Yes.
Concealed Carry:
There are no limitations on concealed carry.
Schools:
Knives may not be possessed on school property, if intended to be used as a weapon.
Critical Dimensions:
None.
At a Glance:
The public carry of knives is not generally restricted in Indiana.
Relevant Statutes:
35-47-5-2 Knife with blade that opens automatically or may be propelled
35-47-5-2.5 Possession of knife on school property; violations; exceptions
35-47-5-12 Chinese throwing star defined; related offenses
Restricted Knives:
It is unlawful to manufacture, possess, display, offer, sell, lend, give away, or purchase Ballistic knives and “Chinese throwing stars.”
Concealed Carry:
Concealment is not an issue.
Restrictions on Sale or Transfer:
It is unlawful to manufacture, possess, display, offer, sell, lend, give away, or purchase Ballistic knives and “Chinese throwing stars.”
Restrictions on Carry in Specific Locations/Circumstances:
It is unlawful to possess any cutting instrument or knife which is “intended to be used as a weapon,” on school grounds.
Statewide preemption:
Yes. Uniformity of law pertaining to crimes and punishments obtains throughout the state.
Selected Indiana cities with knife restrictive ordinances:
Indianapolis – § 451-1. Sharp objects or instruments on the person.
South Bend – None noted.
Fort Wayne – None noted.
Discussion:
Automatic Knives
A prohibition pertaining to automatic knives enacted in 1957 was removed in 2013. While the caption of 35-47-5-2 Knife with blade that opens automatically or may be propelled, contains the words “blade that opens automatically”, the statute proscribes ballistic knives only. See AKTI Approved Definitions.
Chinese Throwing Star
35-47-5-12 Chinese throwing star defined; related offenses defines “Chinese throwing star” as “a throwing-knife, throwing-iron, or other knife-like weapons with blades set at different angles.”
Most members of the knife community will appreciate that the Indiana legislature intended to restrict that category of items often referred to as shuriken and which were developed by the Samurai in feudal Japan.
The definition uses the plural “blades” and further describes the “blades” as being “set at different angles.” Accordingly, we do not interpret this statute as restricting a “throwing knife” if it has a single “blade.”
Preemption
The Indiana State Constitution per Article 4 sections 22 and 23 requires uniformity with respect to crimes and punishments. Moreover, Article 1, Chapter 2 of the Indiana Code § 2 states that “Crimes shall be defined and punishment therefor fixed by statutes of this state and not otherwise. We note that the City of Indianapolis Marion County Municipal Code contains a provision relating to “sharp objects,” namely § 451-1. Sharp objects or instruments on the person. That municipal code contains a state law reference table. There is no corresponding state law for § 451-1. Enforceability of the ordinance may be unconstitutional.
Consequences
Violations of 35-47-5-2 (ballistic knives) and 35-47-5-2.5 (possession of knife on school property) are Class B misdemeanors punishable by up to 180 days in jail and a fine of up to $1,000.
Possession of a “Chinese throwing star” is a Class C misdemeanor punishable by up to 60 days in jail and a fine of not more than $500.
Exemptions/Exceptions
There are no exemptions for law enforcement, military, or government officials pertaining to the restricted items mentioned above. Schools may authorize possession of knives for specific purposes. Knives secured in a locked vehicle are exempt.
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Updated September 9, 2022, by Daniel C. Lawson