The Essential Michigan Knife Carry Laws Guide

Knife Carry Laws Overview in the State of Michigan

In Michigan, the laws governing the carrying of knives are fairly expansive. Michigan law does not have a singular statute that addresses the carrying of all types of knives. Rather, the Michigan legislature has created various laws that refer to varying types of knives and weapons. For example, in the Michigan Compiled Laws ("MCL"), we have MCL 750.246, which deals with knives other than "stilettos, dirks, daggers and razor blades." On its face, the statute indicates that knives other than stilettos, dirks, daggers and razor blades are legal to carry on your person. The Michigan Court of Appeals has indicated, however, that the statutory prohibition against the carrying of knives other than stilettos, dirks, daggers or razors should be discarded.
MCL 750.226 prohibits the carrying of any knife hidden on a person – but not openly carried. Without getting too far into a statutory interpretation, the Michigan Court of Appeals has indicated that this is because when the Legislature prohibits the carrying of a knife hidden on your person, it had no intention of banning the carrying of knives on your person or in your vehicle. It was only intended to prohibit the carrying of knives concealed on your person. In other words, if the knife is visible on your person, it is legal to carry it .
The Michigan Legislature has created several statutes that prohibit the carry of non-concealed knives in certain settings. For example, it is illegal to carry a knife on the campus of any university in Michigan. In addition, it is illegal to carry a knife at a public entertainment festival. It is also illegal in Michigan to carry a knife on the premises of a casino without prior written notice from the Director of the Michigan Gaming Control Board.
On October 19, 2018, Governor Rick Snyder signed House Bill 5634, which overturned an earlier Michigan Court of Appeals decision held that a 1965 amendment to Michigan statute prohibited the open carry of knives. The law now makes it clear that knives are not weapons. House Bill 5634 now clearly states that "a knife is not a dangerous weapon as such term is used in Section 234d of the Michigan Penal Code, 1931 PA 328, MCL 750.234d." This basically means that knives are not considered weapons under the law and can be carried openly in Michigan (except where prohibited by law).
Please keep in mind that while it is legal to carry knives openly, it is recommended to do so only in non-threatening situations, and to avoid carrying knives into areas where they may be prohibited.

Types of Knives and Their Legal Statuses

Under the broad umbrella of the knives and knife laws in Michigan (or, for that matter in the United States generally), the reality is there are many different kinds of knives. If you ever find yourself facing a knife charge, it is very important to understand the specific type of charges that have been placed against you and how the law applies specifically to the circumstances of your case.
The fact is that the law makes distinctions between various kinds of weapons. These distinctions then inform whether they are considered illegal to possess, or legal to possess, and what level of charge a possessing knife charge is applicable. For Michigan knife law, we can start with an overview of how the law treats knives across the old Mother State.
When it comes to knives, Michigan law makes distinctions amongst the type of knife as to whether it can be transported or carried. What distinguishes whether a knife can be legally transported or carried is whether that knife is a "dagger," "dirk," "stiletto," or "other dangerous knife," whether the blade of that knife is more than 3 inches long, and what the intended use of the knife is (that is, friendly or hostile).
Unusually, it is not the size, but the type of weapon that is a greater indicator of whether the weapon is illegal to carry and what the charges should be if it is otherwise illegal to carry. Essentially, it is not that the knife is too long that is the issue, but whether it is too dangerous to possess.

Legal Age for Carrying Knives

In Michigan, you must be at least 18 years of age to possess a knife. This applies to all knives, with two exceptions: 1) on the high seas or navigable waters of the United States (which is to say, if you are in the Great Lakes region), and 2) you are an active member of the military whose duties require you to carry a machete out of state.
The two exceptions above only affect residents and visitors carrying a machete into Michigan. On the other hand, if you have been deemed insane or mentally incompetent, you are prohibited from carrying a knife in Michigan.

Where Knives Can Be Carried Legally in Michigan

You’re legally able to carry a knife from the overnight hours until 06:00 am the following morning on your own private property. There are some other restrictions we will get into later in this article.
It should also be noted for clarity that there are locations where carrying a knife is prohibited, except in specific circumstances or if the carrier has the permission of the appropriate authorities to do so.
Some places you can’t legally have a knife on you would include schools and school property, day care centers, a correctional institution, at a stadium or arena during licensed events i.e. sporting events:
The law outlaws carrying any kind of dangerous weapons in a weapon free zone, at a school or a day care center and its grounds. If you take a look at the statute itself you’ll see that it includes some very specific language:
The legislature recognizes that a school or a day care center is a place where dangerous weapons are likely to be used and a location where they may pose a great danger to the life, security, and property of the people of this state. Therefore, the legislature noted intends by this act to regulate and restrict the possession of dangerous weapons, such as dirks, daggers, knives, and other offensive weapons and the dangerous use of these weapons which may have otherwise gone largely unrestrained.
In fact, the law actually states the following as well: A person may carry a concealed pistol or carry a dangerous weapon other than a pistol, on or about his or her person anywhere in Michigan, including in or upon a vehicle operated or occupied by the person; however, subchapter or chapter, or public place, and shall not violate the provision of this act, if the weapon is not a prohibited weapon.
This becomes even more muddled when you factor in public transportation. No weapons are permitted except in certain locations — this means you can’t have weapons on a bus, public train, in a building that’s a terminal for public transportation, etc. that’s owned, leased, or run by a government body.

Penalties for Knife Carry Law Violations

Violating knife carry laws can carry serious consequences in Michigan. If you are a first-time offender, you could face up to 90 days in jail and/or a fine of up to $500. Second-time offenders face up to 1 year in jail and/or a fine of up to $1,000, while third-time offenders face up to 5 years in prison and/or a fine of up to $2,500 .
Beyond the immediate risk of incarceration or steep fines, knife-related criminal charges can have further-reaching implications for your future. If the police charge you with an open carry crime, it will go on your permanent criminal record. This criminal record can impact employment and housing opportunities, credit ratings, and other aspects of your life.

Self-defense and Knife Carry Statutes in Michigan

The question of whether knives fall under the umbrella of "self-defense" laws often arise for those trying to understand whether carrying a knife is legal in this state. The short answer is: yes, carrying a knife for self-defense purposes is legal in most cases, but it may be illegal if you choose to use it. We’ll break it down street lawyer-style.
First and foremost, you do NOT have the right to carry a knife for the purpose of going out and getting into a sword fight. I mean, come on. That’s asking for jail time. Or worse.
But let’s say you don’t like the odds in an upcoming basketball game, do you really think you’ll need a dagger to defend your honor? Most of the time, the answer will be no. A simple pocket knife should suffice. Of course, self-defense laws only protect you if:
You or someone you’re with is physically attacked
A threatening gesture is made towards you or someone you’re with
Or, a reasonable belief of deadly force is being displayed.
If you are on the offense (or planning to be), then you are NOT legally allowed to produce a weapon or a knife. Even if someone initiates the physical altercation, if you produce the weapon first, (which you’re not supposed to do) you will be the one that gets into trouble. Because producing the weapon (after a physical attack) is NOT considered self-defense.
Basically what this means is that if you have a knife, it’s never a good idea to use it in any circumstances other than self-defense when you believe 100% that your life or the life of your friends is in danger. Even if someone spits on you, you have to be sure you think they’re going to actually try and kill you before you take their lives.
Or, here’s a simpler way of putting it: if you use a knife for anything other than self-defense, you’re likely going to end up in jail.
Note: there are some exceptions to this rule if the aggressor has a history of violence or if you are in your own home. Then, according to Michigan law, you are allowed to use both knives and firearms. Be wise, though, because the act must be done with the intent of self-defense. No sword fights, please.

How to Remain Up-to-Date and Adherent

Staying informed is critical in a state with such a complex and sometimes confusing patchwork of laws. Because knife laws are evolving and changes can happen quickly, it is worth checking the Michigan Knife Rights website. They have updated information on knives that you may find useful. Local attorneys can also be a resource before planning a trip out of state with your knives. Barns S. Miller , Attorney at Law is known for his expertise with firearms and knives and gun trust services. He is also very knowledgeable in Michigan knife law compliance. It is worth asking an expert before you hit the road to know if something has changed regarding Michigan’s knife carry laws.