# Why on earth are switchblades still illegal?

**URL:** <https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008>\
**Category:** Great Debates\
**Created:** [December 13, 2011, 6:42am UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008 "2011-12-13T06:42:02Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![kenobi\_65](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kenobi_65/32/13178_2.png) [@kenobi\_65](https://boards.straightdope.com/u/kenobi_65)\
**Post date:** [December 13, 2011, 7:11pm UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/21 "2011-12-13T19:11:03Z")

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> [@BobLibDem](#):
>
> 1. There isn’t a National Switchblade Association

You beat me to it. 🙂

I’d have to imagine the law is still on the books because, as has already been noted, there isn’t anyone with any political clout agitating for its repeal. (And, even if there were, an “NSA” would lack one thing that the NRA always trots out: the Second Amendment.)

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**Author:** ![MikeG](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mikeg/32/4329_2.png) [@MikeG](https://boards.straightdope.com/u/MikeG)\
**Post date:** [December 13, 2011, 7:39pm UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/22 "2011-12-13T19:39:23Z")

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The new assisted opening knives from Kerhsaw et. al. along with just better quality liner locks makes switchblades less appealing.

I can open my Kershaw 1730 just as fast as my Benchmade Stryker Auto and not have to worry about getting a new shiny pair of bracelets.  
…actually the Stryker has a lock on it, I just opened both of them and the Kershaw was faster due to the lack of a lock.

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**Author:** ![Malthus](https://avatars.discourse-cdn.com/v4/letter/m/85f322/32.png) [@Malthus](https://boards.straightdope.com/u/Malthus)\
**Post date:** [December 13, 2011, 8:02pm UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/23 "2011-12-13T20:02:20Z")

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It is often impossible to remove absurd legislation enacted in response to a past moral panic. Usually, it is simply not enforced.

For example, in Canada, “Crime Comics” are illegal.

> [@](#):
>
> 1. (1) Every one commits an offence who
> 
> …
> 
> (b) makes, prints, publishes, distributes, sells or has in his possession for the purpose of publication, distribution or circulation a crime comic.

From the Canadian _Criminal Code_.

Now, there are plenty of comic book outlets openly selling what could be described as “crime comics”. That was a 1950s moral panic, now quite obsolete, but the restriction remains in the legislation …

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**Author:** ![MEBuckner](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mebuckner/32/2896_2.png) [@MEBuckner](https://boards.straightdope.com/u/MEBuckner)\
**Post date:** [December 13, 2011, 8:11pm UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/24 "2011-12-13T20:11:22Z")

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> [@kenobi\_65](#):
>
> (And, even if there were, an “NSA” would lack one thing that the NRA always trots out: the Second Amendment.)

Actually the Second Amendment doesn’t say anything about “guns” or “firearms”, it just says “arms”. I believe there _are_ “knife rights” groups out there working to overturn various laws restricting knives. That said, [_District of Columbia v. Heller_](http://www.law.cornell.edu/supct/html/07-290.ZO.html) indicates that bans on “dangerous and unusual weapons” are still constitutionally OK (although one would think being “dangerous” is kind of the _point_ of a weapon…), so even if knives are recognized as being “arms” protected by the Second Amendment, the courts might still uphold a ban on switchblades particularly.

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [December 13, 2011, 8:18pm UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/25 "2011-12-13T20:18:34Z")

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> [@MikeG](#):
>
> The new assisted opening knives from Kerhsaw et. al. along with just better quality liner locks makes switchblades less appealing.

Dave Perlman, the Assistant Attorney General for the state of Wisconsin, said that it is his legal opinion that Kerhsaw knives fall under the states switchblade laws and are therefore illegal:  
\*\*  
941.24  Possession of switchblade knife.\*\*  
\*(1) Whoever manufactures, sells or offers to sell, transports, purchases, possesses or goes armed with any knife having a blade which opens by pressing a button, spring or other device in the handle or by gravity or by a thrust or movement is guilty of a Class A misdemeanor.  
\*

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**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\
**Post date:** [December 13, 2011, 8:21pm UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/26 "2011-12-13T20:21:29Z")

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> [@pkbites](#):
>
> What I don’t get, is if there is a federal law regarding them, why are they legal in a few states? How are they getting around that?

Here’s the text of the Federal law: “Whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.”

Let’s play spot the loophole!

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**Author:** ![hogarth](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hogarth/32/1773_2.png) [@hogarth](https://boards.straightdope.com/u/hogarth)\
**Post date:** [December 13, 2011, 8:36pm UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/27 "2011-12-13T20:36:03Z")

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I agree, in the case where carrying a concealed weapon is permitted by law, it doesn’t make any sense to make carrying a switchblade illegal. As noted above, the firearm lobby is probably more well-funded than the knife lobby.

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**Author:** ![shiftless](https://avatars.discourse-cdn.com/v4/letter/s/e9c0ed/32.png) [@shiftless](https://boards.straightdope.com/u/shiftless)\
**Post date:** [December 13, 2011, 8:46pm UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/28 "2011-12-13T20:46:10Z")

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Slightly off topic, I was watching the movie “Let the Right One in” the other night and at one point a bad guy pulls out a switchblade and flicks it open - apparently a universal sign that he really is a bad guy. The movie is from Sweden (I think) but is very recent.

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**Author:** ![Evil\_Economist](https://avatars.discourse-cdn.com/v4/letter/e/c89c15/32.png) [@Evil\_Economist](https://boards.straightdope.com/u/Evil_Economist)\
**Post date:** [December 13, 2011, 8:46pm UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/29 "2011-12-13T20:46:55Z")

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> [@Czarcasm](#):
>
> In what way would a switchblade be even more useful? Outside of having only 2 seconds to cut the red wire(or is it the _blue_ wire?), in what aspect of your life do you need a blade to be available almost instantly?

Do out the front (OTF) knives count as switchblades? Because my Microtech snaps open and snaps closed with the press of a button. Very handy to use with one hand; most manual knives, even if they can flick open, require two hands to close. It would be a lot more useful if it wasn’t a felony to be caught using it. Not sure why it’s illegal; considering that it was more expensive than most guns, I doubt many gangbangers are rocking one.

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**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\
**Post date:** [December 13, 2011, 10:11pm UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/30 "2011-12-13T22:11:00Z")

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> [@Czarcasm](#):
>
> In what way would a switchblade be even more useful? Outside of having only 2 seconds to cut the red wire(or is it the _blue_ wire?), in what aspect of your life do you need a blade to be available almost instantly?

It probably is an urban legend, but I read once that one-armed people can legally carry a switchblade.

Regards,  
Shodan

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [December 13, 2011, 10:29pm UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/31 "2011-12-13T22:29:57Z")

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> [@Shodan](#):
>
> It probably is an urban legend, but I read once that one-armed people can legally carry a switchblade.

Despite what happened to Mrs. Kimble?

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**Author:** ![foolsguinea](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/foolsguinea/32/14751_2.png) [@foolsguinea](https://boards.straightdope.com/u/foolsguinea)\
**Post date:** [December 14, 2011, 1:31am UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/32 "2011-12-14T01:31:10Z")

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> [@kenobi\_65](#):
>
> You beat me to it. 🙂
> 
> I’d have to imagine the law is still on the books because, as has already been noted, there isn’t anyone with any political clout agitating for its repeal. (And, even if there were, an “NSA” would lack one thing that the NRA always trots out: the Second Amendment.)

“Arms” != “Firearms.”

The gun rights absolutists have some explainin’ to do.

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**Author:** ![Airman\_Doors\_USAF](https://avatars.discourse-cdn.com/v4/letter/a/e36b37/32.png) [@Airman\_Doors\_USAF](https://boards.straightdope.com/u/Airman_Doors_USAF)\
**Post date:** [December 14, 2011, 2:22am UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/33 "2011-12-14T02:22:04Z")

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> [@Czarcasm](#):
>
> In what way would a switchblade be even more useful? Outside of having only 2 seconds to cut the red wire(or is it the _blue_ wire?), in what aspect of your life do you need a blade to be available almost instantly?

When you have one hand full and you need to cut something? The possibilities are endless.

I need one for the remote chance that I may one day have to bail out of an aircraft and cut some shroud lines while simultaneously trying not to fall 50 feet to the ground out of a tree that I’m hanging from. As such I am allowed to possess one while in uniform, though I wouldn’t push that to mean that I can walk around on the streets of Pennsylvania with one.

The point is that the law was passed due to moral panic, and like all such laws makes no sense whatsoever.

Incidentally, if you want something similar, look into assisted-opening knives of the tactical-folder variety. You need only push on the blade a little bit and it snaps open the rest of the way by itself. Even better, it’s perfectly legal. Which, ironically, demonstrates the silliness of switchblade laws because of its legality as [it is spring-loaded and mechanically opened once you get past the regulatory nanny push.](http://www.youtube.com/watch?v=GfP_Xv1AHqE)

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**Author:** ![Airman\_Doors\_USAF](https://avatars.discourse-cdn.com/v4/letter/a/e36b37/32.png) [@Airman\_Doors\_USAF](https://boards.straightdope.com/u/Airman_Doors_USAF)\
**Post date:** [December 14, 2011, 2:25am UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/34 "2011-12-14T02:25:09Z")

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> [@hogarth](#):
>
> I agree, in the case where carrying a concealed weapon is permitted by law, it doesn’t make any sense to make carrying a switchblade illegal. As noted above, the firearm lobby is probably more well-funded than the knife lobby.

[And in some states, this is exactly the case.](http://en.wikipedia.org/wiki/Switchblade#State_laws)

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**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\
**Post date:** [December 14, 2011, 2:26am UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/35 "2011-12-14T02:26:46Z")

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> [@Airman\_Doors\_USAF](#):
>
> I need one for the remote chance that I may one day have to bail out of an aircraft…

[http://www.hydroponicsonline.com/store/img-hydroponics/us-camillus-survival-vest-parachute-shroud-knife\_270707973763.jpg](http://www.hydroponicsonline.com/store/img-hydroponics/us-camillus-survival-vest-parachute-shroud-knife_270707973763.jpg)

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**Author:** ![Airman\_Doors\_USAF](https://avatars.discourse-cdn.com/v4/letter/a/e36b37/32.png) [@Airman\_Doors\_USAF](https://boards.straightdope.com/u/Airman_Doors_USAF)\
**Post date:** [December 14, 2011, 2:36am UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/36 "2011-12-14T02:36:33Z")

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> [@Johnny\_L.A](#):
>
> [http://www.hydroponicsonline.com/store/img-hydroponics/us-camillus-survival-vest-parachute-shroud-knife\_270707973763.jpg](http://www.hydroponicsonline.com/store/img-hydroponics/us-camillus-survival-vest-parachute-shroud-knife_270707973763.jpg)

Guess what? That’s a switchblade. I have two.

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**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\
**Post date:** [December 14, 2011, 3:06am UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/37 "2011-12-14T03:06:43Z")

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> [@Airman\_Doors\_USAF](#):
>
> Guess what? That’s a switchblade. I have two.

Yep.

.

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**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\
**Post date:** [December 14, 2011, 3:22am UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/38 "2011-12-14T03:22:24Z")

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I’m guessing it is a holdover of fears of armed gangs in the 50s and 60s. I’m surprised they didn’t also make it illegal to roll a pack of cigarettes up in the sleeve of your t-shirt too.

Switchblades are awesome btw. And yeah, it is a stupid law. You can carry other knives that can be opened with one hand. Butterfly knives are legal where I am at, so are knives that can be opened with your thumb.

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**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\
**Post date:** [December 14, 2011, 3:36am UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/39 "2011-12-14T03:36:00Z")

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> [@shiftless](#):
>
> Slightly off topic, I was watching the movie “Let the Right One in” the other night and at one point a bad guy pulls out a switchblade and flicks it open - apparently a universal sign that he really is a bad guy. The movie is from Sweden (I think) but is very recent.

I went to google the scene in Clockwork orange when the gangs get in a fight and one pulls a switchblade and came up with this.

[![](https://img.youtube.com/vi/fD-aURN_avk/hqdefault.jpg "Switchblades in the Movies (1970-1979)") ](https://www.youtube.com/watch?v=fD-aURN_avk)

And that is just 70-79, virtually all references are about criminals and intimidation.

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**Author:** ![Argent\_Towers](https://avatars.discourse-cdn.com/v4/letter/a/e8c25b/32.png) [@Argent\_Towers](https://boards.straightdope.com/u/Argent_Towers)\
**Post date:** [December 14, 2011, 3:37am UTC](https://boards.straightdope.com/t/why-on-earth-are-switchblades-still-illegal/606008/40 "2011-12-14T03:37:16Z")

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So me and Easy Eddie and Big Louie, we was out by the trainyard and we got jumped by a couple a the Vipers. Lucky I had my switchblade.

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