This article appeared in Knife Magazine in September 2025
Know Your Knife Laws – State Law and the Repeal of Auto Knife Bans
By Anthony Sculimbrene, Attorney and Knife Expert
What if the Federal Switchblade Act (FSA) is repealed? Last month, we examined what would happen federally and in states where there is no state ban if the Federal Switchblade Act were repealed. Let’s now turn our attention to what would happen in the states that DO have a state ban on switchblades/automatic knives.
First, we need to examine the states that have such a ban AND how federalism works. Then, we will look at how advocacy in those states could help with state law.
The U.S. Constitution and principles of federalism determine how power is shared between the federal and state/tribal governments. Simply put, there is a pecking order with the U.S. Constitution at the top. It trumps everything else. Federal statutes are below that, and state and tribal statutes are even lower down in the pecking order. If the U.S. Constitution changes, the law EVERYWHERE changes. If federal law goes away, then state laws governing that issue controls. If the FSA is repealed, that would only result in a change to federal statute; therefore, state statutes would still control whether it is legal to carry an automatic knife.
Minnesota, Delaware, New Mexico, and Hawaii have broad restrictions on automatic knives in their state statutes, while many states have restrictions only on the blade length. Hawaii is a truly special case, so I will deal with it later. Suffice to say, in Hawaii the law is as clear as the sky after a volcanic eruption.
Minnesota law makes it illegal to “manufacture, transfer, or possess” an automatic knife (“dangerous weapon” per the statutory language). As such, if the FSA were repealed, it would have no real impact on folks in Minnesota, as purchasing and causing a knife to be sent to you via the internet is almost certain “transfer” as defined by the statute. Without changes to Minnesota law, either by statutory revision or case law, the repeal of the FSA changes nothing.
Delaware is hard to write about as both houses of the legislature passed a repeal of the State’s knife ban on June 26, 2025. If the governor signs it, the state ban will be repealed. As of right now, however, Delaware has a law banning dangerous weapons that includes both manual-action knives of a certain blade length and a law banning the “sale, offer to sell, or possession” of an automatic knife. If state statutes remain unaltered, repealing the FSA would have some impact in Delaware, as there is no ban on shipping or transferring knives. In theory, someone could buy a knife (the retailer would violate state law, but not the buyer) and then display it. They couldn’t carry it, but they could own it. If the law is repealed, then a repeal of the FSA would have a full impact in Delaware.
New Mexico’s state statute is the most restrictive in the country. It is also one of the most restrictive possession laws of any kind I have ever seen, even including serious drugs, federal secrets, and nuclear material. It is illegal to manufacture, cause to be manufactured, possess, display, offer, sell, lend, give away, or purchase an automatic knife. Short of thinking about them, pretty much everything else having to do with automatic knives is illegal in New Mexico. If the FSA was repealed, nothing would change for people in New Mexico.
Hawaii is a special case that warrants its own article. The problem with Hawaii is that it is the only state to have a Supreme Court that did not lift the auto ban when a Bruen challenge was presented to the Court. Additionally, when the matter tried to go to the federal court, the Hawaiian state legislature changed the law to render the issue moot. While there is language that is good for auto knife fans on the books, how it is applied is hard to tell given all that back and forth. If you are in Hawaii, speak with a knife law lawyer.
Given the widespread elimination of state laws banning autos in recent years, and a possible repeal of the FSA, things are hopeful, but if you live in St. Paul, Santa Fe, or Dover, you’re out of luck (though Dover, it looks temporary). How should advocates proceed in these states? Simple–follow the well-trod and superbly litigated path laid out in Commonwealth v. Canjura. Courts have been very reticent to accept civil cases litigating concerns over future ownership. We only need to look to Knife Rights v. Garland to see how that ends, but when someone is charged with a crime for possessing an auto, standing is never a problem.
Additionally, when the defendant is litigating the legality of possession in a criminal case, the State has the burden of proof. These two changes – guaranteed standing and a favorable burden of proof – mean that advocates should focus on criminal cases rather than civil ones. This is the most likely path to eliminating auto bans in Minnesota and New Mexico.
You can help repeal the FSA by supporting the American Knife & Tool Institute’s legislative efforts to achieve this goal. Consider making a contribution or joining as a member.