Oklahoma
knife laws are short and to the point, but it can be difficult to determine
exactly what is legal and what is not, as the legislature appears to have left
much of the interpretation of the law up to the Courts, failing to provide
needed definitions and details. The Court, too seems to avoid defining
anything, so that people can figure out what is a crime and what is not. This
article explains both the statutes and the case law so that anyone can
understand what is legal and what is not when it comes to owning and carrying
knives in Oklahoma. It is legal to own a dirk, dagger, or other
stabbing knife It is legal to own a bowie
knife It is legal to own a switchblade or gravity knife It is legal to own a sword cane It is legal to own a Balisong,
or butterfly knife as well as Balisong
trainers It is legal to own a stiletto It is not illegal to own any kind of knife in
Oklahoma. It is illegal to conceal or open carry a dagger It is illegal to conceal or open carry
a bowie knife It is illegal to conceal or open carry a dirk
knife It is illegal to conceal or open carry a
switchblade knife It is illegal to conceal or open carry a
spring-type knife It is illegal to conceal or open carry a sword
cane It is illegal to conceal or open carry a knife
with a blade that opens automatically by hand pressure applied to a
button, spring, or other device in the handle of the knife It is illegal to conceal or open carry any
“offensive weapon” As the no carry law states that it is illegal to
carry a weapon, “upon or about” the person, Oklahoma’s no carry law
extends to items carried in a vehicle, not just on a person. § 1272. Unlawful carry A. It shall be unlawful for any person to carry upon
or about his or her person, or in a purse or other container belonging to the
person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or
any dagger, bowie knife, dirk knife, switchblade knife, spring-type knife,
sword cane, knife having a blade which opens automatically by hand pressure
applied to a button, spring, or other device in the handle of the knife,
blackjack, loaded cane, billy, hand chain, metal knuckles, or any other
offensive weapon, whether such weapon be concealed or unconcealed, except this
section shall not prohibit: 1. The proper use of guns and knives for hunting,
fishing, educational or recreational purposes; 2. The carrying or use of weapons in a manner
otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act; 3. The carrying, possession and use of any weapon by
a peace officer or other person authorized by law to carry a weapon in the
performance of official duties and in compliance with the rules of the
employing agency; 4. The carrying or use of weapons in a courthouse by
a district judge, associate district judge or special district judge within
this state, who is in possession of a valid handgun license issued pursuant to
the provisions of the Oklahoma Self-Defense Act and whose name appears on a
list maintained by the Administrative Director of the Courts; or 5. The carrying and use of firearms and other weapons
provided in this subsection when used for the purpose of living history
reenactment. For purposes of this paragraph, “living history reenactment”
means depiction of historical characters, scenes, historical life or events
for entertainment, education, or historical documentation through the wearing
or use of period, historical, antique or vintage clothing, accessories,
firearms, weapons, and other implements of the historical period. In Beeler v. State, the Court said that some weapons
are so dangerous and deadly, that the Court may declare them to be offensive
weapons as a matter of law. It also stated, that when making this determination,
trial Judges should consider whether the weapon was designed for combat and
capable of producing death. Although the legislature did not make “knowingly” a
part of the law which makes it illegal to carry a weapon, the Court, in Williams
v. State, found that criminal intent is an element of all crimes, and therefore,
one cannot be convicted of a carrying a weapon when he or she is unaware that
they are carrying one. For example, as in the case of a weapon concealed in a
vehicle, which is driven by someone other than the owner who placed the weapon
there. In the case of Dear v. State, Mr. Dear was pulled over driving a vehicle
that did not belong to him. The arresting officer found two pairs of spiked
metal knuckles in the car, which Mr. Dear said did not belong to him. He was
convicted of unlawfully carrying a weapon and appealed his conviction. The Court
of Criminal Appeals of Oklahoma found that the legislature did not intend to
punish those who had no guilty intent or knowledge, and reversed Mr. Dear’s
conviction. The no carry law does not apply to those who are
properly carrying and using a knife while hunting, fishing, or participating in
a recreational or educational activity. It also does not apply to those carrying
a knife for a live history reenactment event. A first conviction for the unlawful carry of a weapon
is a misdemeanor and punishable by a fine of between one hundred dollars ($100)
and two hundred fifty dollars ($250) and up to 30 days in jail. A second or
subsequent conviction under the unlawful carry law carries a penalty of a fine
between two hundred fifty dollars ($250) and five hundred dollars ($500) and
between 30 days and 3 months in jail. Oklahoma does not offer any definitions of any types of
knives, in either its statutory code nor its case law. It is legal to own any type of knife in Oklahoma. It is illegal to open or conceal carry a dagger, bowie
knife, dirk, switchblade, spring-type knife, sword cane, or a knife with a blade
that opens automatically by hand pressure applied to a button, spring, or other
device in the handle of the knife, or any “dangerous weapon”. Because the term “dangerous weapon” is vague, it
may be good practice to only carry knives in Oklahoma when participating in a
sporting or reenactment event where the carrying of a knife is not illegal. 21 Okl. St. § 1272 (2013) 21 Okl. St. § 1276 (2013) Beeler v. State, 334 P.2d 799 (Okl.Cr. 1959) Williams v. State, 565 P.2d 46 (Okla.Crim.App.
1977) Dear v. State, 773 P.2d 760 (Okla. Crim. App. 1989) |