Why It Matters: Currently, in the First State, your “ordinary pocketknife” must be a folding knife having a blade no bigger than 3 inches in length and cannot be a mechanically-assisted knife (what many states have erroneously defined as a “switchblade”). Senate Bill 108 (SB 108) repeals that requirement by amending the language of the statute, removing that it must be a folding knife, increasing the maximum blade length to 3.75 inches in length, and removing the prohibition and penalties surrounding switchblades. With the passage of SB 108, sportsmen and women will have the ability to possess certain types of knives that are used lawfully by hunters, anglers, trappers, and other outdoor enthusiasts.
Highlights:
- SB 108 removes the requirement for “ordinary pocketknives” to be folding and increases the maximum blade lengths from 3” to 3.75”.
- Additionally, this legislation removes the ban on switchblade knives and removes the “unclassified misdemeanor” penalty for sale or possession of these knives.
- Removing the prohibitions would permit individuals to lawfully use and possess these knives, but they would still be subject to prosecution for deadly weapons-related offenses were they to use such a knife during an attack or assault aimed at causing death or serious injury.
- While SB 108 currently does not have a hearing date scheduled, the Congressional Sportsmen’s Foundation (CSF) is submitting written testimony in support of this legislation.
Currently in the First State, law abiding residents are restricted to pocketknives that have a maximum blade length of 3”. Additionally, residents are prohibited from owning and/or possessing mechanically-assisted or more commonly known as “switchblades”. Knives are used if everyday applications, not just while hunting, trapping, camping, or whatever outdoor venture tickles your fancy. Knives are often used by workers in the trades, such as plumbers, mechanics, carpenters, electricians, etc. While more commonly used daily by tradespeople, pocketknives are often found to be possessed by your “average joe” person for uses such as opening packages or letters and much more.
Per the legislation’s official synopsis, “This Act removes prohibitions in Title 11 of the Delaware Code related to owning or possessing certain types of knives that may be opened by one hand. Such cutting implements are lawfully used as tools by many working in the trades, and are also popular among outdoor, hunting, and camping enthusiasts. Currently, despite common and myriad lawful purposes, such knives are treated as deadly weapons in Delaware, and therefore subject otherwise law-abiding Delawareans engaged in lawful activities to criminal prosecution in the justice system. Removing the prohibitions would permit individuals to use such tools but would still subject them to prosecution for deadly weapons-related offenses if they were to use such a knife in the course of an attack or assault aimed at causing death or serious injury.”
Over the years, many states have enacted laws banning the sale, possession, use, and manufacture of certain types of knives. This includes knives that the average person would consider to be common pocketknives. In some instances, states have kept laws that ambiguously refer to knives such as “bowie knife”, “dirk”, “dagger”, and “stiletto”, without clear definitions.
In recent years, states have been repealing bans that were passed decades ago and liberalizing the allowances for ownership, possession, and use of the mechanically-assisted knives (“switchblades”). Previously these bans were passed by attempting to redefine common pocketknives such as switchblades, gravity knives, or other knives which, in some jurisdictions, are currently illegal. This deception has most frequently been applied to knives that are capable of being opened with one hand. One-hand opening knives are simply that- a knife you can open with one hand. Most one-hand opening knives also posses a “bias towards closure”, which means it has a spring, detent, or other mechanisms that maintains the knife in a closed position until the bias is overcome with applied pressure. None of these knives in any of their configurations meet the common definition of a switchblade.
The federal government and most states have defined switchblades as “… any knife having a blade which opens automatically (1) by hand pressure applied to a button or other device in the handle of the knife, or (2) by operation of inertia, gravity, or both.” By way of explanation, a switchblade has a bias towards opening in that, the spring, that opens the blade, is under constant tension or compression and is held from opening by a release mechanism in the handle. As soon as the blade is released by a button or other device in the handle, the blade opens automatically. Common folding knives have a bias toward closure in that the blade is not under tension to open, rather via some mechanical means, it is retained in the closed position until the blade is physically moved by the operator.
CSF looks forward to working with the Delaware Legislative Sportsmen’s Caucus to encourage the passage and adoption of SB 108 which allow the sportsmen and women of Delaware to purchase, sell, and possess many types of popular knives for legal utilization.
