Understanding Your Knife Rights in Ohio

Ohio’s knife laws are known for being some of the most confusing in the United States. Prior to a recent change in April 2023, the legalities surrounding carrying a knife depended heavily on the manner of carry (concealed or open) and the perceived intent of the carrier. This article aims to demystify Ohio’s knife laws for residents, explaining what knives are legal to own and carry, under what circumstances, and what to keep in mind for responsible knife ownership.

Legal Landscape – A Brief History

• Historically vague definitions: Ohio’s Revised Code §2923.11(A)(1) defines a “deadly weapon” as “any instrument or object that is capable of inflicting serious physical harm or death.” This broad definition left a lot of room for interpretation regarding knives, particularly concerning concealed carry. (https://www.buckeyefirearms.org/)
• Legislative changes: House Bill 140, signed into law in April 2023, introduced a crucial clarification. The law now states that “for purposes of this section, ‘deadly weapon’ or ‘weapon’ does not include any knife, razor, or cutting instrument if the instrument was not used as a weapon.” This essentially removes restrictions on carrying any type of knife, concealed or open, as long as it’s not intended for use as a weapon. (https://www.buckeyefirearms.org/)

Knife Carry in Ohio – The Current Landscape

• Open Carry: With the legal revisions, Ohio now allows the open carry of any knife, regardless of size, blade style, or mechanism. This means you can legally carry a folding knife, fixed blade knife, or even a larger machete in the open without any permit.
• Concealed Carry: The new legislation also removes restrictions on concealed carry of knives. You can carry a pocket knife, hunting knife, or any other type of knife concealed on your person as long as you don’t intend to use it as a weapon.
• Intent and Context: While the law no longer explicitly restricts carrying knives, law enforcement can still consider your intent and the context when evaluating a situation. Carrying a large hunting knife strapped to your leg during a bar fight might raise suspicion, compared to carrying a small pocket knife for everyday tasks.

Legal Exceptions and Restrictions

• Certain locations may have stricter regulations: Even with the relaxed state laws, some cities or municipalities might have their own ordinances regarding knife carry. It’s always advisable to check local laws where you reside or plan to visit.
• Schools and Safety Zones: Regardless of the new law, Ohio law still prohibits the possession of any knife on school grounds or within a designated “School Safety Zone.” This includes schools, school buildings, school buses, and areas where school activities are taking place. (https://www.akti.org/)
• Ballistic Knives: The relaxed carry laws don’t apply to ballistic knives. These are knives with blades that are designed to be ejected from the handle using a spring mechanism. Ballistic knives remain illegal to own or possess in Ohio.

Responsible Knife Ownership

• Age restrictions: It is illegal for anyone under the age of 18 to purchase a knife from a retail establishment in Ohio.
• Be mindful of your surroundings: Even though legal restrictions are relaxed, it’s important to be mindful of how you carry your knife and the potential perception it creates. Open carry in certain situations might raise concerns or create unnecessary tension.
• Understand self-defense laws: While knives can be used for self-defense, Ohio follows the “duty to retreat” doctrine. This means you must attempt to avoid using force before resorting to self-defense measures, including using a knife.

Conclusion

Ohio’s knife laws have undergone significant changes. While these changes provide more freedom for knife owners, it’s crucial to understand the legal nuances and exercise responsible ownership. Always prioritize safety, be aware of your surroundings, and avoid situations where a knife might be perceived as a threat. When in doubt, it’s always best to consult with an attorney for legal advice specific to your situation.

Sources

• Buckeye Firearms Association: https://www.buckeyefirearms.org/
• American Knife and Tool Institute: https://www.akti.org/
• Ohio Revised Code: https://www.lsc.ohio.gov/

Additional Resources

• National Knife Law Guide: https://knifeup.com/state-knife-carry-laws-know-your-rights/