Michigan Knife Laws Overview
Except under certain legally defined circumstances and conditions, Michigan generally prohibits carrying a knife with a blade of 3 inches or longer. The statutes defining the legal boundaries regarding knife safety are primarily found in Mich. Comp. Laws §750.226a-§750.226d, which address the carrying of knives, and Mich. Comp. Laws §750.224, which primarily addresses openly carrying firearms in a place of worship or school.
By definition, "knife" in Michigan law covers any knife-blade cutting instrument, including daggers or dirks. Mich. Comp. Laws §750.226a. These statutes allow exceptions for carrying a knife of more than 3 inches that is necessary to the lawfully operating an oil or gas well, an established business, profession, trade, or travel, or for recreation activities such as hunting, fishing, or any other sporting activity . These statutes additionally allow exceptions for transporting a knife of more than 3 inches in length that is not immediately accessible or readily available to others without leaving home or closing any vehicle door or trunk. (These exceptions also apply to brass knuckles, straight razors, stiletto knives, billy clubs, shurikens, and other similar implements.)
To such limitations, Mich. Comp. Laws §750.226a(5) contains a rough exemption for carrying knives used for supervised instructional purposes—these knives can be more than 3 inches, if the person can show the knife is being utilized for teaching or learning knife safety. As a result of this law, there are exceptions to prohibitions relating to positive everyday actions—even licensed cosmetologists, who must at times carry razors that exceed 3 inches (but may also possess razors exceeding 3 inches in length).
All knives, regardless of length, may also be prohibited where there are local ordinances addressing different limitations on their possession or use.
Legal Size Restrictions on Knives in Michigan
The specific size limits for knives in Michigan are referenced in two places: under MCL 750.230 (similar to MCL 750.227c, described above) and MCL 750.226a. MCL 750.226a states the following: A person shall not carry a dagger, dirk, or stiletto, or any other dangerous weapon with a blade over 3 inches in length on or about his or her person. The focus on this section of the law is specifically three inches in length as measured by the inside curvature of the handle. However, note that there are no references to concealed or open carry. Moreover, there is no distinction between lawful and unlawful places to carry a knife. Although it is illegal to carry a knife over three inches in length, this section is still relevant in a criminal setting because most prosecutors will charge a knife offense under MCL 750.226a or 750.230 in conjunction with other crimes allegedly committed in the same scenario. Military knives and knives used as a tool with legitimate purposes to include utility knives, knives provided to soldiers or holiday gifts from a family member who served in the military, are commonly addressed under MCL 750.230. There is an exception for people who possess "daggers, dirks, or stilettos" legally prior to April 28, 1952. See MCL 750.226a(3). Effective September 22, 2015, any person licensed as a knife maker under the Knife Rights Knife Rights Act in § 43d of the "Code of Criminal Procedure, 1927 PA 175, MCL 776.21 to 776.99b," is exempt from arrest for violating MCL 750.226a. See MCL 750.226a(5). Specifically, under this statute, a body size restriction for knives that are legal to use for defensive weapons is set at a blade over 3 inches and less than 4 inches in length.
Different Types of Knives and Their Legal Status in Michigan
Michigan knife laws recognize a number of types of knives and hold each type to different degrees of legality. Knife blades are generally categorized as fixed, folding or utility blades: Folding knives: are knives with blades that fold into the handle, which is typically no larger than 3 inches, so long as the blade does not lock in the open position. Fixed blade knives: are knives with blades that are permanent to the handle, which may be any length. These knives are either sheathed or secured by a hilt to a handle that does not fold. Utility knives: such as box cutters and/or carpet knives, have a blade that is not permanent to the handle. Utility knives may be sheathed or secured by a hilt.
There is also case law addressing how the length of a knife is measured. A knife blade is measured "as the crow flies," or from the top of the handle to the tip of the blade. When measuring the size of a folding knife’s blade, it is the size of the blade that matters, not the size of the handle. Also, when determining whether a knife is prohibited for carrying on school property, the measurement is again based on the crow’s measurement from the base to the tip of the blade.
Exceptions Provided by Michigan Knife Laws
Exceptions and special cases for knife size laws in Michigan
While the law on the surface seems pretty straightforward, there are some exceptions we must consider. The knife laws are pretty important and take up a significant amount of Michigan Penal code, so the fact that you don’t see as many problems related to knives as you do guns may be due to some professions or occupations where most of the exceptions are enumerated.
One primary exception, and one that is a special case, is for an activity that most people are involved in — hunting and fishing. In the hunting laws, there are various provisions for carrying knives, like for example section 43520, which essentially says "A person shall not possess a dirk, dagger, or stiletto on a fishing vessel." So a fishing vessel is an exception to the knife laws, which means it is a location where you can generally carry a knife that is in excess of the legal limits.
Another exception to the knife law is in the art of taxidermy. Fake taxidermied heads of animals, where the actual animal is in fact long gone, used to be an exception to the knife law in Michigan, as long as the blades or other weapons were kept under 3 1/2 inches length and were not otherwise weaponized .
The next big exception is for knives in certain professions, such as being a butcher, or in the military, or being a fisherman like I mentioned before. It is also a defense, here, if the knife is used in a particular context to accomplish that vocation. That said, if you were to get into some sort of brawl, even if the knife is really necessary for your job, like if you are a fisherman and were boarding someone’s boat, you could still get into a lot of trouble.
It can be discerning to figure out if your knife can legally be included in this list, and honestly a bright line rule would be preferable, but as long as it does not look like a weapon, and as long as you can articulate that it is being used for some sort of other vocation, like hunting and fishing, where a knife is an essential part of the activity, you will be okay.
The next big exception relates specifically to concealed carry knives, what are called "automatic knives" in the law — if you need to carry your knife in a way that it is exposed to the public where it is able to be seen without having to open your jacket or your coat and reveal it, then you should be concealed. There are various forms of concealment, whether it is on the outer cloak, otherwise known as your coat, or otherwise on your person.
Penalties for Knife Law Violations
The penalties for violating Michigan’s knife laws depend on the type of law you violate. Some laws are misdemeanors, while others are felonies.
Criminal offenses are divided into many classes:
For example, carrying a knife larger than 3 inches is a misdemeanor and can land you in jail for up to 90 days, a $500 fine, or both. Carrying a concealed knife is a felony. In Michigan, a felony can result in imprisonment between a few months to up to life in prison.
Criminal Penalties for Legal Knife Types Most commonly, a knife falls under state weapons laws and goes from a misdemeanor to a felony depending on the seriousness of the weapons charge. For example:
It is not exceptionally common to be charged with a crime simply for owning a knife, but it does happen. For example:
Knife Cases and Self-Defense
The law does allow the use of knives for self-defense, and should that occur, the knife owner may end up in court to prove self-defense was required. If the case goes to trial and the jury finds the use of the knife was unwarranted, they are likely to issue a verdict of ‘guilty.’ If you are charged with a knife offense or your arrest is pending, find a good criminal lawyer who handles knife cases.
Practical Tips for Knife Owners in Michigan
In Michigan, practical advice for knife owners and blade enthusiasts is imperative. The law surrounding what knives can be legally carried and owned in the Great Lakes State can be very nuanced. Knife carry laws – mostly identified as knife size laws – can differ from one community to the next. Some knife owners see that as an opportunity to test the limits of the law. What you should know is that even if you carry a knife that you feel you are entitled to carry under statute, you could be arrested, and you probably will be if you have what could be considered an "illegal knife." If you find yourself on the opposite side of a knife crime, call a skilled Detroit criminal defense attorney to help protect your rights.
The rules for knife size in Michigan are very straightforward, and that is exactly why successful knife owners choose to follow them. Michigan knife owners can get away with using virtually any knife they want if they play by the rules , which means ensuring that the blade is no more than three inches long and kept open at all times and is not otherwise in close proximity to a person’s body (because the knife could theoretically be used as a weapon against another person). Knife owners found to not follow these regulations can expect to be charged with felonious assault when they are caught carrying an illegal knife in Michigan.
Certain knives are illegal to carry in Michigan regardless of size. These include multi-poised knives (think butterfly or balisong knives), double-edged knives and knives with a blade that is longer than three inches. Knife owners found in violation of this rule can expect to be prosecuted for a felony – with a three-year maximum sentence and up to $3,000 in potential fines.
The bottom line? Knife owners who know the law will almost never run afoul of it, save for the really rare instances where other mitigating circumstances might have taken place (self-defense, mental health concerns, urban survival, or the knife in question might be included in one of the knife laws that require a different analysis). While the larger folding knives (like what your bus driver might have) should be avoided at almost all costs, other folding knives are typically acceptable if you are aware of and follow the rules.