Kansas Knife Laws Overview
Kansas knife laws are based largely on the same legal principles that govern knife laws in other states. However, while Kansas is a "pro-knife" state with a general knife preemption state law, there are state-specific laws and interpretations of state laws regarding knives, including folding knife length laws and restrictions on concealed knives.
In 2015, the Kansas Legislature adopted a ban on switchblades and other automatic knives. The statute now provides that "it is unlawful for any person to possess, manufacture or sell a spring-loaded switchblade or other automatic blade knife." "Spring-loaded switchblade or other automatic blade knife" is defined as "any knife which has a folding blade or blade that opens, and may be closed by inertia, gravity or a spring. …"
However, Kansas law does contain a unique "bona fide" testing exception for switchblade knives. The exception allows the "importation, manufacture or possession" of switchblade knives that "are sent directly to the state testing laboratory, or an agency authorized by law to conduct testing of products for sale or manufacture in this state." The bona fide testing of switchblade knives makes Kansas knife laws the first of its kind to include not just an exception for the bona fide testing of knives, but also a general ban on knives.
In addition, Kansas knife laws ban police officers from carrying automatic knives in state capitol buildings and on the grounds surrounding the buildings without a permit .
In Kansas, the general penalty for knife felony weapons offenses is a level 5 offense. The general penalty for class A, B, and C misdemeanor knife weapons offenses is a Class B misdemeanor.
In states with knife preemption laws, a person cannot be charged with violating the knife laws of another political jurisdiction within the State. Knife preemption laws act to minimize confusion created by laws regulating knives that differ between municipal, State, or federal jurisdictions in the same state. Knife preemption laws also allow knife owners in the State to be more informed of their legal rights regarding the ownership, possession, or carry of knives.
Kansas knife laws have statutory prohibiting the restriction of knife possession, manufacture, sale, transfer, or carry by local governments in Kansas, except that the laws do not preempt "this state’s power to regulate by general law" the "possession, carrying, licensing or registration of knives of any weapon, or any class or type of weapon, or any particular weapon or weapons, or any type of knife, sword, dirk, knife or other bladed instrument." The Kansas statute further states that the State of Kansas may restrict the manufacture of daggers or dirks "in certain specified types and lengths."
Knife preemption laws are not required to regulate knives in every State, and Kansas knife laws are not the only knife preemption laws in the U.S. Knife preemption laws have been enacted in Alaska, Florida, Maine, New Hampshire, New Jersey, New Mexico, Pennsylvania, South Carolina, and Texas.
Legal Knives to Carry
Kansas, like many states, has a range of knives that are permissible to carry, and we will examine each of these types in turn. However, as is often the case with state-specific laws, the state law itself may not embody the full range of weapons schemes and legal definitions for weapons that you may find elsewhere.
We begin with folding knives, often called folders or lockbacks. These are very commonly owned knives that can be carried without incident in Kansas. The folding knife must not be a switchblade or a disguised knife, generally speaking. When the folding knife has a blade that is four inches or longer, then a concealed carry permit is necessary to carry them. As always, one should check local ordinances before proceeding, as there may be expanded ranges for these knives in cities and counties, particularly with regard to concealed carry permits.
A fixed blade is another commonly owned knife that can be carried in Kansas without incident. Like foldable knives, a concealed carry permit will be needed if the fixed blade exceeds a certain length. A good rule of thumb is four inches or longer. This rule holds for anything resembling a knife, including knives disguised as other objects.
A utility knife is another kind of knife that is permitted without permit in Kansas. Utility knives are explicitly considered a tool for purposes of Kansas knife law. Utility knives are often used in construction, manufacturing, plumbing — occupations where cutting is an important aspect of the work. The length of blade does not apply to the rule for utility knives. They can be carried in a fully concealable carry sheath or sheathed and plainly visible on the body.
Stay tuned for the next segment, where the author will examine the types of knives that are prohibited to carry.
Requirements for Carrying Concealed
In Kansas, carry of a concealed knife is lawful provided that the knife does not fall within the list of prohibited knives. The full list of keywords below can be found in both K.S.A. 21-6301 and in the code of ethics for the law enforcement agency whose officers you may be confronted by.
• dagger
• dirk
• knife
• razor blade
• stiletto
• sword
• sword cane
• throwing star
• nunchaku
• blackjack
• slapjack
• hand chain
• metal knuckles
• shuffleboard stick
• blowgun
• blowdart
• cuspidor
• zulu
• cane sword
• strap
• sandbag
• zipgun
• sawed-off shotgun
• machine gun
• any other dangerous weapon or chemical substance
• and any number of any of the above
The Lawful knife length for concealment is not less than four inches from the tip of the blade to the hilt of the handle. The full wording of the statute is below.
(d)(1) "Knife" means any bladed hand instrument having a sharp point or edge that is designed, used or intended for cutting or stabbing another individual, including, but not limited to, dirks, dirk knives, knife blades, daggers, and stiletto knives, but shall not mean any bona fide center-fire shotguns, rifles and pistols as recognized by the United States department of the treasury. The term as used herein shall include, but shall not be limited to, any instrument which consists of a sharp blade over four inches in length and is fastened to a handle with the intention of being used as a stabbing weapon; and
(2) "set of brass knuckles" means any instrument designed or intended to be worn on the person of a user so as to protect the hand or inflict injury on another, such as: Metal knuckles, finger rings, "zulu", "cupped duster", "slapjack", "knuckle knife", "button knuckles", "cane sword", or "cane spear"; and
(3) "nunchaku" means a device for personal combat consisting of two sticks or shafts between each of which is threaded a length of rope or cord, which is connected at each end of the sticks or shafts so that swinging motion may be given to one of the sticks or shafts and the whole system is used singly or double-handedly to strike an assailant or defend the person or both.
Kansas law also does not expressly forbid carry of a knife on the state capitol grounds. As a general rule, state capitol grounds are to be treated like any other property and knife carry is allowed there unless explicitly forbidden. But the capitol building itself is exempt from that general rule and no knives can be present in it.
(7) "Weapons" means any scalpel, blade, iron bar, blackjack, straight (slap) stick, Nunchaku stick, knife, dangerous knife, pen, sword cane, pistol, revolver, shotgun, rifle, machine gun, bullet, cartridge, ammunition, tear gas, taser or any striking weapon or device, any stun gun or other electrical irritating, incapacitating or lethal weapon or injurious gas, including all knives, daggers, dirks, razors or any other dangerous or deadly cutting instrument carried with the purpose to be used as a weapon, hand chain, metal knuckles, shuffleboard stick, BB gun, pellet gun, any numchucks, any electronic control weapon designed to administer an electric shock, taser or other electrical shocking device, any replica firearm, any switchblade knife, any folding knife with a blade that opens automatically by release of a spring mechanism, or any butterfly knife, or any martial arts weapon of any type or style, and any number of any of the above.
In general knife carry is lawful at all public school grounds in Kansas as well – except in school buildings.
Where You Can’t Carry a Knife
Prohibited locations in Kansas where you cannot carry knives include schools, government buildings, certain public meetings, correctional institutions, and certain places of worship. Specifically, individuals are prohibited from carrying knives when entering the following entities:
- A building owned or leased by the State of Kansas or any political subdivision of the State of Kansas for non-governmental use.
- Any state correctional institution.
- State-operated cave by any employee, contractor or official visitor (not open to general public).
- Any home of a member of the Kansas legislature.
- Any area of the Capitol Building not open to the public.
- Any area of the supreme court building not open to the public is deemed non-public property and carrying any deadly weapon on non-public property is a class 2 misdemeanor, except a knife having a blade of less than 4 inches in length.
- Courthouse or any courtroom (including entryways and waiting areas in near proximity to the courtrooms).
- Building owned or leased by the State of Kansas or any political subdivision of the State of Kansas that is a daycare center, early childhood, elementary or secondary school, or special education facility.
- Any public meeting
- Any place of worship or religious assembly (if posted).
- Any area of a building owned, leased or under the control of the department of corrections used for correctional purposes.
- The dwelling of another person.
- Any place open to the public where a public. Such as a school or daycare, is being conducted.
Knife Legal Penalties
Violations of Kansas knife laws can bear significant legal consequences. Penalties for illegal knife possessions in the state of Kansas can be broken down into a few key categories:
First-time Violations
Although breaking a Kansas knife law is a misdemeanor in the state of Kansas, the potential penalty for a first-time violation can still have serious implications. A Class B or Class C misdemeanor conviction can carry a maximum penalty of six months in jail and a maximum fine of $1,000 (class B) or $500 (class C). A first-time offender likely won’t face the maximum penalty in most circumstances, but any kind of criminal record can have a significant negative effect on your future.
Repeating Offenders
A second Kansas knife law violation is treated much more severely, carrying a potential maximum penalty of up to a year in prison and a fine up to $2,500. In most cases, repeat offenders will face harsher charges and penalties, even for relatively minor violations of Kansas knife laws.
Firearms
Kansas knife law violations that involve the use of a knife against another person are charged as aggravated assault or aggravated battery, both of which are felonies carrying harsher penalties . The same applies to knife crimes committed with a firearm, which are graded as felony gun crimes. One particular point of note is the state’s "loophole" for standard knives. Although daggers, dirks, and razors are expressly forbidden under Kansas knife laws, an exemption exists for "ordinary" knives without serrated blades, and reclaimed, non-serrated blades are not considered weapons. These knives are generally treated as tools or utensils rather than weapons, so long as they don’t serve a more nefarious purpose.
Misdemeanor vs. Felony
It is important to distinguish between misdemeanors and felonies when discussing the potential penalties for violating Kansas knife laws. Minor violations of Kansas knife laws are charged as misdemeanors, which can include minor penalties like community service and fines. Felony violations are charged as aggravated assault or battery, both of which carry the potential for greater penalties like prison time and large fines. In addition, felonies appear on the permanent criminal record of the convicted party, making employment and education opportunities harder to come by.
Recent Amendments
Over the last few years, efforts to amend the knife laws in Kansas have seen a modest increase. Though these amendments may seem small in nature, they virtually open the door to knives, such as switchblades, that were previously prohibited to carry.
Back in 2014, Kansas amended KRS 3-1201 to permit legally carrying a dirk, dagger, stiletto, sword, or any other deadly weapon into any location that is not secured by personnel screening. That means, no metal detectors will stop someone with one of the above-mentioned knives from entering a governmental building, such as a school, because nothing has been put in place to prohibit such items.
In 2016, Kansas also redefined switchblade knives. Under the law the term "switchblade knife" or "switchblade" means "any knife possessing a blade which opens automatically by gravity, by a thrust, by hand pressure applied to a button or any other device, or by any means other than the application of continuous pressure to the blade; but such term does not include any knife that has a blade which folds, closes or shutters into itself and is not controlled by a spring mechanism or similar device." While the law previously stated that all knives automatic by nature were illegal to carry, this change makes minor adjustments to broaden the accepted understanding of how a switchblade operates, which now allows for a greater variety of knives to be considered legal.
Also, while the specific determination of what is a switchblade knife is up to the Kansas attorney general, the attorney general is prohibited from considering certain acts that are set forth under KRS 2-119a. Such acts include:
The minor adjustments to Kansas knife laws have broadened the understanding of knives that are legal to carry. If you are interested in the specific details of what type of knives are legal to carry in Kansas, we encourage you to review KRS 2-119a.
Guidelines for Knife Owners
Practical Tips for Knife Owners in Kansas
As with all weapons, there are some basic safety practices knife owners in Kansas should follow to remain compliant with the law and avoid dangerous accidents from happening. Best practices dictate that you should finger off the trigger while you carry knives until you are prepared to use them, you should keep your knives secured to prevent someone else from getting a hold of them and you should avoid pointing blades at anyone unless in self-defense or during hunting situations. An important element for knife owners to follow is ensuring your weapon is properly stored when it’s not in use. Consider your options for storage and where a thief would least likely search for them. Keep any designer knives that are more likely to be stolen—similar to designer bags or jewelry—out of view , preferably in a locked cabinet or safe. If you have children, decide on a good functional location, such as above a child’s reach in a kitchen drawer, or behind a lock. Many homes in the Kansas City area have garages with an attached door to the kitchen, so a common instance for those living in that town or area is to keep their knives in the garage and not in the house. If you travel often or are out for a long time many weeks of the year, consider asking a neighbor or friend to check in and monitor your home and weapons. While no one wants to think about their home being a possible target for theft, you should make sure to take the proper precautions to protect yourself and your property.