Minnesota Knife Laws Summary
The carrying and possession of knives and other dangerous weapons in Minnesota is governed by Minnesota Statute Section 609.66, which addresses the general regulation of weapons. The statute prohibits the possession, sale, transfer, transportation or carrying of a knife as a dangerous weapon, with certain exceptions based on the type of knife, where the knife is carried or used, and how it is used.
Under Subdivision 1a, a "dangerous weapon" includes a "stiletto", defined as a "folding knife having a blade exceeding four inches in length" that has a blade which is released from the handle by a mechanically operated device or sliding mechanism; a "switch blade", defined as a "folding knife having a blade exceeding four inches in length" that is released from the handle by pressure on a button or lever or by centrifugal force; a "butterfly knife", defined as a knife with two handles that counter-rotate around its tang, such that, when closed, the blade is concealed within the handles; and a "metal knuckle knife", defined as any blade more than four inches long attached to, or ejected from, metal knuckles. The term "metal knuckle knife" specifically includes any knife otherwise meeting the definition of "dangerous weapon" when combined with a knuckle-knife sheath or scabbard .
Subdivision 1b states that a person who possesses a knife as a dangerous weapon may be sentenced to a maximum of five years, or a fine of $10,000, or both. However, under Subdivision 1c, it is an affirmative defense if the defendant was (1) at a residence or at work, (2) engaged in lawful recreational activities or in an area not frequented by persons, (3) either acting in self-defense or defense of another and it was reasonable to perceive, and did perceive, a threat of unlawful force that could not be avoided by retreating, or (4) placing the blade of the knife against the skin of the defendant for decorative purposes, such as for body piercing.
Subdivision 1d defines additional terms for purposes of this section. Relevant for this article, the subdivision defines "fixed blade knife" as "a knife with a blade rigidly controlled, having no mechanism for opening, closing, or retracting the blade except for non-mechanical, non-locking sheath, scabbard, or holder as part of the handle." It further states that whether a knife is a dangerous weapon for purposes of this section does not depend on the knife’s intended or contemplated use.
Subdivision 2 contains additional restrictions on knives and other dangerous weapons carried by minors. And, finally, Subdivision 3 provides additional prohibitions on deadly weapons in a public place.
Legally Approved Knife Lengths in Minnesota
The different types of knives and the ways in which they are carried can result in significant variations in the law. The following is intended to help sort out some of the confusion.
Switchblade/Automatic Knives:
Automatic knives (commonly referred to as a switchblade) are illegal in Minnesota regardless of size.
Throwing Knives:
There is no knife length restriction and there is also no law specifically prohibiting throwing knives.
Dagger:
Daggers (dual edged and pointed knives used for stabbing) with a blade of at least 4 inches are classified as a dangerous weapon and are illegal.
Magic Wand/Bodice Knife:
These are dual edged stabbers that generally have a hidden blade of about 5-7 inches. These are also classified as a dangerous weapon and are illegal.
Dirk:
Dirk is a generic term that has been used over time to apply to both a dagger with one edge or a dirk knife with both edges. The definition of a dirk in Minnesota is a knife with a blade of at least 4 inches. Daggers are covered above. Therefore, if the blade is at least 4 inches and it is not a dagger, it is a dirk and illegal.
Bowie:
Under the law, a "bowie knife" is a specifically defined (and antique) knife. However, law enforcement often consider a bowie to be a general term for any large knife regardless of the knife’s type. In any event, bowies are illegal under Minnesota law regardless of their size.
Bladed Weapons:
It is illegal to carry a dirk, dagger, toadstabber, or stiletto knife regardless of where it is carried. These knives cannot be carried on your person, in your vehicle, or in your home without violating the law. If carried on a public sidewalk, street, or place such as a bar, theater, or public section of a mall, you would be in violation of the law.
With a Caveat:
In essence, if the blade is more than 4 inches and it has a double edged point and/or a stabber (dagger, dirk, stiletto, toadstabber) it is illegal regardless of where it is carried. Period. However, there are regions of Minnesota that do not enforce this law as written. If this law were strictly enforced throughout the State an estimated ¾ of Minnesotans would be guilty of a crime. In order to avoid prosecution, you may wish to consider only carrying single bladed knives unless you are certain you are in a jurisdiction where law enforcement does not enforce the law as written.
Exceptions to the Knife Length Restriction
While Minnesota courts have historically concluded that switching-blade, which is simply a term used by the lay public to describe a knife with a blade that opens automatically when the handle is pressed, are illegal knives, this section defines "switchblade." True switchblades in Minnesota have extremely narrow definitions. The following six types of knives are permitted with no restrictions and they are not considered switchblades: an auto-open knife, butterfly knife, tactical knife, Barlow knife, assisted-opening knife with a knife with a blade length not exceeding three inches, pen knife, and utility knife. This means that these knives are legal under Minnesota state and local laws and ordinances.
The following professions and activities are identified on msbc.org to be exempt from restrictions of whether a person can carry a knife regardless of the length of the blade: eye-surgery professionals, knife collectors, anyone using a knife to repair or service motor vehicles, anyone on or near a school highway, anyone using a knife to assist in conduct supervised at a range or firearm protection facility, law enforcement officers, employees of a licensed dealer, public safety personnel conducting inspections, a contractor or subcontractor at a construction site, knife testing or exhibition professionals, or any occasion for the use of a knife as a source of personal or financial revenue.
It should be noted these exceptions are dependent upon the area of where the exception is being applied.
Consequences of Knife Length Violations
Violating knife laws in Minnesota can result in anything from a petty misdemeanor to a felony charge, depending on the circumstances of your offense. However, as long as you are not prohibited from possessing firearms or weapons, you are unlikely to face more than a petty misdemeanor.
If you are convicted of a petty misdemeanor, you could be sentenced to up to 90 days in jail and/or a maximum $1,000 fine. Misdemeanor-level offenses come with fines and maximum jail sentences that can vary. You will almost never face a felony level charge without some sort of aggravating factors in your case, such as the use of knives to commit other crimes. Felony convictions carry up to five years in jail and/or a maximum $10,000 fine (first-degree) or up to 20 years in jail and/or a maximum $250,000 fine (second-degree). In the state of Minnesota, knife laws are generally enforced by the county sheriff’s office. Ultimately, the individual who witnesses your illegal knife being either a peace officer or a member of a private security company will decide whether or not to make an arrest. If the arresting officer or private security member believes the offense is serious enough to warrant an arrest, law enforcement officials will be notified and, if a valid weapon is found and explained as a "monolithic cutlery" weapon, a citation will be issued instead.
Knife Length Legislation in Other States
Comparing Minnesota’s Knife Length Laws with Other States’ Knife Length Laws
Some states have simplified knife length laws to a greater degree than Minnesota. Texas, for example, has a broad preemption provision which is similar to SF 1942, but it goes further in that the broad preemption applies not only to fixed blade knives but also to knives with a folding mechanism. Moreover, Texas has a broad definition of "knife" which includes anything with a sharp blade or sharp point and thus prohibits numerous types of weapons that do not fit into the distinct categories under Minnesota’s laws. Minnesota law does not make exceptions for certain types of knives that might fall under the issue of preemption. The Minnesota Knife Rights Act prescribes a maximum length while the Texas statute does not. Texas law also prohibits the possession of knives on college campuses, an exception Minnesota law lacks . Some states have similar knife length laws as Minnesota. For instance, Florida permits the open carry of knives and has no length restriction. However, it has a prohibition for concealed carry and knife laws exist on the local level. Ohio’s knife laws allow citizens to openly carry most knives that are 18 inches in length or less. However, the state prohibits the open carry of any type of dagger, dirk knife, or stiletto knife, regardless of size. New Hampshire has no state laws governing the carry of knives, but only has vague common law prohibiting the carry of "dangerous weapons" with the degree of danger being a fact-specific question. Wisconsin’s law on the carry of knives focuses on the concealment of knives rather than the length. North Dakota’s law prohibits the carry of any knife with a blade of five inches or more and some cities have imposed a ban on knives of two inches or more.
Recent Updates and Proposed Changes
In 2017, Minnesota lawmakers passed two knife law-related bills which amended Minnesota Statutes, section 609.66, subdivision 1(2). First, the definition of "switchblade knife" was amended as follows: "means any knife which has a blade which opens automatically by inertia, a thumb push, the application of pressure to the handle, or by the operation of a lever or any other mechanical device." The recent amendment deleted language that a switchblade knife had to be "flicked open with the thumb or by some other mechanical device." So, unlike pre-2017, if the blade opens with the application of threshold pressure to the handle, even if an individual’s thumb did not flick the blade open, the knife is still a prohibited switchblade knife.
Second, the amendment added the term "concealed" to the prohibited actions concerning the carrying and transportation of switchblade knives. Specifically, new language states as follows: "(2) manufacture, import, transfer, possess, sell, offer for sale, or purchase a switchblade knife or other automatic style knife that has a blade greater than 4 inches in length, or a less than lethal knife that is concealed, except as provided in paragraph (b);" But under the legislative history of the 2017 House bill, House Research Bill Summary H.F. No. 3024, its stated purpose was as follows: "this bill modifies possession, purchase, import, transfer, manufacture, and sale of knives by generally classifying a wide range of knives as dangerous weapons and makes exceptions for participating in certain competitions or the use of knives for specified purposes." It also states that the amendments were to delete a provision that prohibited the possession of knives on public school or university property and replaces this with a prohibition on knives that are less than lethal.
For this reason, it may be best to use caution with respect to knife length amendments. Specifically, there is potentially a proposed bill to further the 2017 amendment. Representative Dan Schoen has authored House Bill No. H.F. No. 44, which is currently in the Legislative Process. The bill enacts public schools as a "special type of locality", and clarifies that individuals who have otherwise lawfully possessed a knife on their person at all times in either a public or private school setting, can possess hand-crafted knives of any length within the confines of the school. It also specifically states that no employee of a public or private school shall be required to carry a knife upon their person as a condition of employment. So for example, if you work in any capacity as a public or private school employee, you cannot be asked to carry a knife with an 8 or 10-inch long blade; otherwise that same statute would likely apply.
Practical Advice for Minnesota Knife Owners
If you carry a knife in Minnesota or plan to do so, there are steps you can take to minimize the risk of running into legal trouble.
Understand What "Carrying" a Knife Means
The most straightforward way to carry a knife legally in Minnesota is simply having it in your pocket or purse. A knife in your purse, wallet, or glove compartment isn’t considered carried in the same way.
On the other hand, a knife isn’t considered carried if it’s broken down. A knife blade that’s stuffed into a sheath or shoelace won’t count as carried, however, a folding knife (with the blade folded in) that’s clipped to your pocket will.
Stow it in Your Trunk
If you’re transporting a knife , it should be in the trunk of your car or in a locked container. Ideally, you won’t just lock your knife away in your trunk. Rather, you should make an effort to stow it somewhere out of reach from any passengers. The glove compartment would count unless you can produce evidence to say that the glove compartment now functions as the trunk or that there’s no other compartment that could be deemed a trunk.
Lead by Example
If you want to prove to law enforcement that you’re a responsible knife owner, follow the law in every area of your life and encourage your friends to do the same. You should keep knives and weapon-like objects out of reach of minors and discourage any use of them that may be dangerous.
