Knife Laws in Georgia – an Overview
The state of Georgia has always held a dim view of knives with blades that can snap open with just the flick of a wrist. As such, it classifies most switchblades in the same category as daggers and stilettos. Under O.C.G.A. § 16-11-32(b), "daggers, dirk knives, dirks, stilettos, or knives pointed at both ends" are useful primarily as weapons and are categorized as dangerous weapons prohibited by law.
Georgia law is different from federal law in this regard. The U.S. Switchblade knife law at 15 U.S.C. § 1241 states that "the term ‘switchblade knife’ means any knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife…" Federal courts draw a line of distinction between switchblades and other types of automatic openers or assisted openers. A good rule of thumb is that if your finger has to be near the blade to activate it, it is most likely not a switchblade and is therefore legal in most states.
However, under Georgia law , the term switchblade knife is not defined. Georgia’s knife laws are vague and do not include the term switchblade knife. Each county and city therefore applies the law differently. In court, a judge might even find that a typical belt knife is a switchblade. No ruling on the legality of switchblades has yet been issued by a higher Georgia court, so even within Georgia there is some uncertainty.
As a rule, the general rule in Georgia is that it is illegal to carry or own a knife with a blade smaller than 5 inches if it can become a weapon. It is also illegal to sell any knife with a blade which is two inches or shorter (with some exceptions). However, if your knife blade is less than 12 inches long, you can carry it in public anywhere as long as it is not otherwise prohibited by the law—such as at schools, certain government facilities, police stations, and airports. Ownership is allowed and carrying a concealed weapon such as a knife is allowed.
Finally, knives used in sporting competitions (such as bowie knives used for competition knife-throwing) are exempt from the general prohibition on carry, sale, and manufacture of daggers, dirks, stilettos, or knives that are pointed at both ends.
Are Switchblades Legal in Georgia?
As per Ch. 16-11-127, possession of any knife with a blade longer than 5 inches is a felony in Georgia. From that, one could conclude that a switchblade (as long as it is under 5 inches in blade length) may be legal to possess, unless it said "not readily openable except by use of a mechanical device," as in " a switchblade."
The legal status of switchblades in Georgia is potentially more convoluted than that; however, when it comes to the question of whether they are legal to own, there is a simple answer: "yes." To that end, § 16-12-1 defines the term "knife" to include any "dirk, bowie, switch-blade knife, spring-stick, stiletto knife, or any other dangerous knife…commonly known by those names." Thus, switchblades (as defined) are extremely specifically mentioned in the Georgia code as a type of knife that falls under the predominant definition of knife.
§ 16-11-127 makes no distinction of any kind between types of knives; it simply states, "A person commits the offense of possession of a knife during the commission of a crime when that person possesses any knife or razor blade having a long blade." It is worth noting that "long blade" here is being clarified as longer than 5 inches in blade length.
Referring back to § 16-12-1, we see a few important details about what is or is not a switchblade: A switchblade must be a knife with a blade 5" in length or more. The blade has to be "flicked" open via a spring operated device (which are found in all varying types of switchblades). A switchblade also must have a locking mechanism; otherwise, it is only a spring knife (which cannot be used for concealment, nor can it be sold, per § 16-11-126). A switchblade, or "spring loaded knife", is any knife that opens by itself via a spring powered mechanism usually engaged by a flick of the thumb, as per § 16-12-3.
The law remains silent on whether it is illegal to actually sell switchblades in Georgia; however, it wholly forbids the keeping, offering, exposing, or exposing for sale "any dirk, bowie, switch-blade knife, spring stick, stiletto knife or any other dangerous knife commonly known by those names." In other words, while it is not a crime to own a switchblade in Georgia, it is illegal to sell, offer to sell, or even expose to sale a switchblade. While the GMV team and this Law Blog do not endorse switchblades in any form, we must advise that it is best not to buy any dagger style, stiletto, retractable blade knife for personal defense; Georgia law forbids you from selling them, and if you try to keep it concealed or offer it to a third-party person for use of self-defense, it is illegal to do that now too.
While other forms of knife for self defense are legal, such as serrated blades, folding knives, and stilettos, switchblades are classified as illegal, inasmuch as you cannot ever sell one.
Permitted Excepted
State law outlines a number of exceptions to its prohibition on switchblades. Those exceptions include, but are not limited to the following:
- A switchblade knife possessed for use by any person employed in the service of the United States in the military, naval, or marine service or of the State of Georgia in law enforcement, correctional, or military duties.
- A switchblade knife possessed by or for a person who is an authorized deputy sheriff, full-time police officer, criminal investigator, or full-time employee of any public agency if the switchblade knife is possessed for official use by the employee.
- A switchblade knife possessed by a person who has been issued a valid license to carry a firearm under Chapter 11 of Title 16 or a law enforcement agency identification card, provided the knife is possessed when the person is on official business or in accordance with specified conditions.
- A switchblade knife possessed by a person who is a full-time court services officer of a Georgia superior court as defined in O.C.G.A. section 15-11-2, or any law enforcement officer, law enforcement agency employee, criminal justice agency employee, prosecutor, court administrator, or other person specifically named in the law for carrying in the normal performance of his or her duties.
- A switchblade knife possessed for testing or experimental purposes, pursuant to a permit issued by the Georgia Bureau of Investigation.
- A switchblade knife possessed at a location or by an organization specifically exempted from the general law by the legislature in an earlier context.
Comparison of Other States with Georgia’s Switchblade Laws
The legal treatment of switchblades varies widely across the United States. In contrast to Georgia’s somewhat lax perspective, states like New York and California consider switchblades to be highly dangerous weapons and impose hefty penalties for their use or possession.
In New York, for instance, it is illegal to possess a switchblade with a blade that is longer than 2 inches. The state also classifies it as a Class A misdemeanor to simply do so. This law is perhaps part of the reason that Georgia is not among the 12 states with the heaviest restrictions on switchblades; New York is one of them. However, Ohio, New Jersey and Wisconsin also have switchblade restrictions that are similar to Georgia’s. In California, switchblades are grouped with gravity knives, dirks, daggers, billy clubs, metal knuckles and others. First, the state considers these items to be dangerous (regardless of whether they are manufactured for aggressive purposes). Second, it distinguishes between "dirks and daggers , " which are defined to include any "stabbing knife – regardless of its configuration or the degree to which it may resemble a flat-bladed pocketknife" – and all of the other weapons. Violators of the first provision have committed a felony, while violators of the latter provision are guilty of a misdemeanor.
Switchblades have been banned in Illinois since 1957 and are classified as "weapons" in Nevada. The former does not distinguish between switchblades and other kinds of knives, while the latter allows their use if anyone is over the age of 18. Washington considers switchblades "dangerous weapons," and they are illegal to "manufacture, sell, offer for sale, expose for sale, or have in the person’s possession, except as authorized in this section." Other states are less concerned, recognizing that most products marketed as switchblades are no more dangerous than regular pocketknives and pose no greater threat to public safety. In Massachusetts and Montana, pocketknives with spring blades are not illegal to sell, keep or carry.
Penalties for Illegally Carrying a Switchblade
Georgia has one of the narrowest definitions of what constitutes an "illegal knife" of any state in the country. A switchblade is not an illegal knife as long as you are not carrying it with the intent to use it against another person. This means that it is OK to carry a switchblade in Georgia except in these prohibited places: 1) government buildings, 2) public transportation, and 3) school grounds. O.C.G.A. 16-11-127 (b)(2)(A) If you go to a school or government building with a switchblade, it will be construed as having it "with intent to do bodily harm to another" and carry a 10 year felony punishment under O.C.G.A 16-11-120 (a)(1). Likewise, carrying a switchblade on public transportation, however, will be an intent to use it for its intended purpose; that is to stab someone—again, a 10 year felony under O.C.G.A 16-11-120 (a)(1). Carrying a switchblade in Georgia is, under limited circumstances, illegal. Carrying a switchblade with the intent to stab, cut, or thrust a knife into someone will carry stiff penalties should you be prosecuted. For this reason, it is critical that if you decide to carry a switch blade, do not intend to use it to stab someone unless it is in self-defense, and even then, be very, very certain it is necessary.
What Should Switchblade Owners Know in Georgia
With the nuances of Georgia’s laws regarding switchblades and other automatic knives, the best advice is to always err on the side of caution. Although legal opinions suggest that keeping a switchblade in one’s home is likely to be permissible even under the more restrictive judicial interpretations of the law, it is important to recognize that future changes to the law as well as new legal interpretations could limit that right.
To minimize the risk of running afoul of the law, for example, automatic knives should be stored out of easy reach in the home, and their use , even for innocuous purposes, should be avoided, especially in public areas where their use could attract the attention of law enforcement personnel.
In terms of transportation, switchblades should be covered or concealed during transport, and ideally should remain in any protective case that may have been included with their purchase. Moreover, switchblades should not be transported in the passenger compartment of a car or truck but rather should be transported in the trunk of the vehicle. Automatic knives should also be kept out of sight of any passengers traveling in the vehicle.