All About Arizona Knife Laws
Arizona, as a state that values personal freedoms, has a relatively relaxed approach when it comes to the possession and carry of knives. There are a few general laws pertaining to knives that every citizen or visitor should be aware of before purchasing, carrying, or using any type of knife.
Arizona Revised Statute §13-3101 defines a deadly weapon as any object that is designed for lethal use, or is readily capable of lethal use. The definition goes further to include any device that is used for lethal use, and that is used in a manner that transforms such a device into a deadly weapon. Knives are not typically included in the definitions of deadly weapons, as they are considered to be protected under the 2nd Amendment, just like firearms such as handguns, rifles, and shotguns.
Arizona does not specifically list butterfly knives as a type of knife that is illegal. In fact, there is no specific law banning the sale or ownership of any type of knife in the State of Arizona. There are, however, laws that regulate the carry of knives. For example, a person may not "carry a deadly weapon, a firearm , or a pocket knife" on school grounds. Under this law, knives with blades of over 4 inches can be considered deadly weapons, and their carry on school grounds would also be considered an illegal act. However, it is acceptable to possess such a knife and use it if you are on your property.
Arizona Revised Statute §13-3101 defines a pocket knife as "a folding knife with pointed or sharp blades, of any length, that can be opened, closed, and locked in a folded position by means of a slide, lever or other device without the necessity of manually opening the knife." This law only applies to knives that are carried on your person, and will not apply to knives that are kept in a vehicle.
A second law makes it illegal for citizens to carry knives on school grounds. Under this statute, both public and private schools are included in the definition, and it is unlawful to carry a pocket knife as defined above on school grounds within the state of Arizona. It is important to note that this particular law is a gross misdemeanor, which is punishable by substantial fines and jail time, if convicted.
Are Butterfly Knives Legal in Arizona?
Under Arizona Revised Statutes § 13-3101, a Butterfly Knife (also known as a "Balisong Knife") is defined as a "bladed hand instrument that is opened and closed by rotation about one of the handles" with the blade being less than 3" long (if the blade is at least 3" long, then it is classified as a "dirk" knife and is legal under Arizona law).
The relevant section of Arizona law regulating butterfly knives reads as follows:
§ 13-3101. Definitions
- A "dirk" or "dagger" means a knife, with a fixed blade that can inflict serious physical injury, set in a handle that forms a handhold for the purpose of stabbing a person. Dirks or daggers are fitted with a blade over 3 inches in length.
- A "pocketknife" is a foldable knife with a blade not exceeding three inches in length.
- A "butterfly knife" means a bladed hand instrument that is opened and closed by rotation about one of the handles. A butterfly knife has no springloaded blade.
This means – based on comparative case law – that you cannot have a butterfly knife on your person, in public, or within your vehicle. However, if you have a butterfly knife in your home or business then you are free to bring it out and use it indoors without as much as a how-do-ya-do 🙂
Carrying a Butterfly Knife in Arizona
As you may expect, the laws surrounding butterfly knives are a little complicated and nuanced. An individual possessing a butterfly knife in Arizona is prevented from carrying a knife either open or concealed.
Open Carrying
It is important to note that it is prohibited to openly possess a butterfly knife upon or about your person at all. Open carrying a butterfly knife is considered a Class 2 Misdemeanor which can include community service project, a fine plus surcharges and possibly jail time. Arizona Revised Statute § 12-116 mandates the following punishment:
"Each class 2 misdemeanor is punishable by a fine of not more than three hundred dollars, by imprisonment for not more than four months or by both.
Concealed Carrying
Note: Most knives are subject to the restrictions of concealed carry as outlined in Arizona Revised Statute § 13-3102. However, specific provisions apply to butterfly knives. The law specifically prohibits their carrying. Nevertheless, the penalties are less severe than for more heinous crimes. The following penalties apply:
A class 2 or class 1 misdemeanor classification comes with some mandatory penalties as follows:
A class 2 misdemeanor is punishable by a fine (plus surcharges) not to exceed $250.00, a jail term not to exceed four months or both.
A class 2 misdemeanor may be adjudicated civilly, similar to a traffic ticket.
A class 1 misdemeanor is punishable by a fine (plus surcharges) not to exceed $250.00, a jail term not to exceed six months or both.
A class 1 misdemeanor may be adjudicated civilly.
Permit required
In summary, not only are you prohibited from carrying a butterfly knife, you must have a permit to carry other knives. So, it is best to simply stay clear of butterfly knives. You do not want to end up with a criminal record.
Trading or Selling a Butterfly Knife in Arizona
Individuals are free and clear to purchase and possess butterfly knives without a license, permit, or other special permission from the state of Arizona. The law does not specify any minimum age for purchasing butterfly knives; however, the stores that sell these weapons choose to restrict purchases to customers that are at least 18 or 21 years of age. Those purchasing butterfly knives online are only prohibited from taking delivery until they are older than the established age required by the seller (typically either 18 or 21 years). In short, anyone may purchase butterfly knives in Arizona as long as they are 18 or 21 years of age (as determined by the store) or more, or if the individual is purchasing blades online, the delivery is not taken until they are of age. No license or permit is necessary for sellers, distributors, or vendors of butterfly knives in the state of Arizona. Those who sell knives are free to sell as many knives, at whatever price they find suitable, as frequently as they wish without issue. It is important to note that the sale of illegal knives, such as switchblades, is punishable by law, but few butterfly knife sellers will have any illegal blades in their inventory.
Criminal Penalties for Misusing Knife Laws
Violating knife laws in Arizona can result in a variety of legal consequences. While the laws surrounding knives may seem vague at times, not strictly following the law can often lead to serious repercussions. Those who violate knife laws in the Phoenix area could be charged with either a misdemeanor or a felony, depending on the severity or circumstances involved. Even in less serious cases, knife offense violations can result in a criminal conviction that may impact a person’s future.
Those found in possession of certain restricted knives in Arizona, such as butterfly knives, may face a class 1 misdemeanor. It is important for users of restricted knives to take caution and familiarize their selves with the restrictions that are in place. Misdemeanor charges can lead to a variety of penalties, including jail time and fines of up to $2,500.
Those who are found to be in illegal possession of dangerous knives or other types of weapons can face a felony charge, which is considerably more serious. A class 5 felony is the least severe weapon charge at this time , however it can still carry a significant penalty with it. Because of the extreme risk that willful weapon possession can pose to society, those convicted of class 5 or class 6 felonies may face prison time and hefty fines.
Those who are found to be carrying a dangerous or restricted knife while committing another crime or in a public place may also face possession of a prohibited weapon charges. If their crime involved a dangerous knife, then their punishment will likely be permanent revocation of their right to own and possess any kind of weapon.
Individuals found to be in possession of a weapon in unauthorized locations, such as government buildings, may receive a different kind of punishment. While possessing a knife in a restricted area may not be considered as severe as other forms of possession, it can result in a class 1 misdemeanor. Those found in possession of dangerous weapons in prohibited locations may also be charged with illegal possession and face a separate set of penalties.
What’s New in Arizona Law Regarding Knives
Historically, knife laws in Arizona have been slow to adapt to modernization, even compared to other states. Knife legislation in Arizona made a giant leap forward in 2011 when the legislature passed A.R.S. § 13-3122 (the "Butterfly Knife Statute"). The Butterfly Knife Statute section of the Arizona Revised Statutes is a bold entry by the Arizona legislature into the 21st century that legalized the use of butterfly knives that had previously been extremely restricted under A.R.S. § 6-2503 (the "Prohibition Period"). As recently as November 2010, Maricopa County prosecutors were charging individuals with felony knife offenses by claiming that they possessed a butterfly knife with blade length exceeding 2-1/2 inches. After years of protesting this ridiculous overreach, the Arizona Legislature passed the Butterfly Knife Statute.
The Butterfly Knife Statute changed the standard for how blade length is measured. To be illegal, the blade of a butterfly knife must measure 50mm or longer from the cutting edge closest to the handle and the top of the 2 to 4 inch "thumb ramp" (listed as the "Index Riser" in KnifeCenter.com’s article on butterfly knives) to the tip of the blade. The standard is the same for both the closed and open positions of the butterfly knife.
The exemption for butterfly knives with blades measuring less than 4 inches, or Doctor’s Knives is broad and is not limited to licensed medical professionals. While medical professional licensure may not be available to all individuals, the language of the statute suggests that any individual can carry a butterfly knife with a blade measuring less than 4 inches. The relevant text of the statute reads as follows:
When we take the text of the new law at face value, the only exception to the prohibition on carrying a butterfly knife with a blade measuring 12 inches or more is if the knife measures 50mm or less and is used for games or fishing, or any form of cutting, digging or pulling. We don’t see why limiting the permitted use of a butterfly knife with a blade less than 4 inches to only certain uses is necessary. Even if this part of the Butterfly Knife Statute gets interpreted narrowly (and we wouldn’t be surprised if it does), the change in the wording of the statute is a significant improvement over the Prohibition Period.
We are not aware of a restriction on butterfly knife use in private residences or on private property. Nonetheless, the language of the Butterfly Knife Statute seems to fall short of appropriately balancing the rights of knife enthusiasts to carry butterfly knives where they choose. From 1990 through 2011, it was a crime for individuals to possess butterfly knives in public at all. The statute repealed late last year permitted this activity where certain very restrictive criteria existed. The language of the Butterfly Knife Statute suggests a step backwards towards the traditional anti-knife legislation that has characterized Arizona knife laws for years.
Knife Laws in Arizona Compared to Other States
While butterfly knives may not be illegal in all states, they are subject to a variety of restrictions depending on your state of residency and the laws in each state that you visit. In some states, even possessing a butterfly knife can result in harsh punishments.
Tennessee
Near Phoenix, the city of Memphis and the state of Tennessee provide convenient parallels—the Memphis butterfly knife laws are exactly the same as the state laws. Under Tennessee Code Annotated § 39-17-1302(g) (2018), "BUTTERFLY KNIFE" MEANS A TYPE OF FOLDING KNIFE WITH TWO HANDLES that are joined at one end. The handles are open along the central pivot so that when closed, the blade is concealed between the two handles. You can legally own and carry a butterfly knife in Tennessee unless a deadly weapon is prohibited under state law.
California
First on the list of neighboring states is California. Within California, the same state law is used to define a butterfly knife and whether you can legally own or carry a butterfly knife in California. California Penal Code § 17410-11 (2018) states that a "butterfly knife" is: A concealed folding knife with a blade that is exposed by flipping or in any other way using a rocking motion of the handle. Like Tennessee, California has no special laws on butterfly knives. A Winchester—made butterfly knife in excellent condition, for example, can be found at a price from $70-$95 on eBay .
Arizona
Among all of the states, Arizona is most similar to Tennessee, both of which follow the exact law on defining a butterfly knife. For example, the term "butterfly knife" is defined within Arizona Statutes § 13-3101(6, 15) as: A folding knife with two handles that, when open, are parallel to each other and conceal the blade. Arizona is more lenient on carrying knives compared to other states—it’s prohibited to carry a butterfly knife only if it’s carried concealed.
Utah
As another state with analogous laws, Utah Code § 76-10-203 (1993) defines a butterfly as: [A] folding knife with two handles, one of which is pinned, the rivet serves as the pivot on the blade, or the blade is doubled-edged, having the sharpened edge on both sides, the blade is exposed by flipping or in any other way using a rocking motion of the handle. Utah prohibits carrying any knife that meets the legal definition of a butterfly knife if it’s concealed, similar to Arizona.
Nevada
Unlike many of the states, in Nevada, a "butterfly knife" is defined under Nevada Revised Statute 201.350 (2000) as: [A] blade whose two handles counterrotate around the blade’s tang and which, once opened, resembles the wings of a butterfly in flight. Nevada penalizes violation of the butterfly knife law with a maximum penalty of 6 months imprisonment or a $1,000 fine—this punishment is again similar to Arizona.
