Question for a pocket knife in Michigan?

Question

I recently got assaulted and found out that one of the guys that assaulted me had a knife with him. Thank God i didnt get stabbed. While this happened my friend ran off and left me by myself. knowing that i cant even trust my friends in this kind of situation, i recently bought a pocket knife. Does anyone know the law in regards to pocket knives? If i have it clipped to my belt, clipped with the knife facing in or tucked out (closed of course)? i know that there laws regarding the length. is this for the whole knife or just the blade? the blade of my knife is about 3 inches or so. now, lets say i have the knife on me and i use it as self defense while being assaulted, will i be prosecuted? what will happen? please help me out. Thanks!

Answer 1

Michigan -750.226... Carrying with unlawful intent
Any person who, with intent to use the same unlawfully
against the person of another, goes armed with a pistol
or other firearm or dagger, dirk, razor, stiletto, or
knife having a blade over 3 inches in length, or any
other dangerous or deadly weapon or instrument, shall
be guilty of a felony, punishable by imprisonment in
the state prison for not more than 5 years or by a fine
of not more than 2,500 dollars.

- 750.226a. Pocket knife opened by mechanical device...
Any person who shall sell or offer to sell, or
any person who shall have in his possession any knife
having the appearance of a pocket knife, the blade or
blades of which can be opened by a flick of a button,
pressure on a handle or other mechanical contrivance shall
be guilty of a misdemeanor... [Also, concealed carry may
be charged as a felony under 750.227.] The provisions of
this section [750.226a] shall not apply to any one-armed
person carrying a knife on his person in connection with
his living requirements.

- 750.227. (1) A person shall not carry a dagger, dirk,
stiletto, a double-edged nonfolding stabbing instrument of
any length, or any dangerous weapon, except a hunting
knife adapted and carried as such, concealed on or about
his or her person, or whether concealed or otherwise in
any vehicle... except in his or her dwelling house [or]
place of business... (3) A person who violates this
section is guilty of a felony...

- 750.222a Double-edged, nonfolding stabbing instrument defined.
(1) As used in this chapter, 'doubled-edged, nonfolding
stabbing instrument' does not include a knife, tool,
implement, arrowhead, or artifact manufactured from stone by
means of conchoidal fracturing.
(2) Subsection (1) does not apply to an item being transported
in a vehicle, unless the item is in a container and inaccessible
to the driver.
History: Add. 2000, Act 343, Imd. Eff. Dec. 27, 2000 .


- 259.80f Possessing... certain items in sterile area of airport;
(1) An individual shall not possess, carry, or attempt to possess
or carry any of the following in a sterile area of a commercial airport:
(a) Firearm.
(b) Explosive.
(c) Knife with a blade of any length.
(d) Razor, box cutter, or item with a similar blade.
(e) Dangerous weapon.
(2) Except as provided in subsection (3), an individual who
violates subsection (1) is guilty of a misdemeanor punishable
by imprisonment for not more than 1 year or a fine of not more
than $1,000.00, or both.
(3) An individual who violates subsection (1) while doing any of
the following is guilty of a felony punishable by imprisonment for
not more than 10 years or a fine of not more than $10,000.00, or both:
(a) Getting on or attempting to get on an aircraft.
(b) Placing, attempting to place, or attempting to have placed on an
aircraft an item listed in subsection (1).
(c) Committing or attempting to commit a felony.
(4) [Exempts most officials]...
(7) As used in this section:
(a) 'Commercial airport' means an airport that has regularly
scheduled commercial flights to and from other destinations.
(c) 'Sterile area' means that term as defined in 14 C.F.R. 107.1.
History: Add. 2001, Act 225, Eff. Apr. 1, 2002 .

- 380.1313 Dangerous weapon found in possession of pupil...
(1) If a dangerous weapon is found in the possession of a pupil
while the pupil is in attendance at school or a school activity
or while the pupil is enroute to or from school on a school bus,
the superintendent of the school district or intermediate school
district, or his or her designee, immediately shall report that
finding to the pupil's parent or legal guardian and the local
law enforcement agency.
(2) If a school official finds that a dangerous weapon is in the
possession of a pupil as described in subsection (1), the school
official may confiscate the dangerous weapon or shall request a
law enforcement agency to respond as soon as possible and to
confiscate the dangerous weapon. If a school official confiscates
a dangerous weapon under this subsection, the school official
shall give the dangerous weapon to a law enforcement agency and
shall not release the dangerous weapon to any other person,
including the legal owner of the dangerous weapon. A school
official who complies in good faith with this section is not
civilly or criminally liable for that compliance...
(4) As used in this section, 'dangerous weapon' means a firearm,
dagger, dirk, stiletto, knife with a blade over 3 inches in length,
pocket knife opened by a mechanical device, iron bar, or brass knuckles.
History: Add. 1987, Act 211, Imd. Eff. Dec. 22, 1987 ;--Am. 1995,
Act 76, Eff. Aug. 1, 1995 .
Popular Name: Act 451

*

Michigan Case Law:
- "Constitutionality: The double jeopardy protection against
multiple punishment for the same offense is a restriction
on a court's ability to impose punishment in excess of that
intended by the Legislature, not a limit on the Legislature's
power to define crime and fix punishment. People v. Sturgis,
427 Mich. 392, 397 N.W.2d 783 (1986).

- "Purpose of this section is to prevent quarreling or
criminal persons from suddenly drawing weapons without
notice to other persons." (1980)

- "Purpose of concealed weapons statutes, such as this
section, is to prevent men in sudden quarrel or in
commission of crime from drawing concealed weapons and
using them without prior notice to their victims that they
were armed, inasmuch as person attacked would behave one
way if he knew his assailant was armed and perhaps another
way if he could safely presume that assailant was
unarmed." (1969)

- "The basic intent of the legislature as indicated in
concealed weapon statute was that weapons should not be
carried when they might be used to take lives." (1968)

_ "...the 'dwelling house' exception to the concealed weapons
statute did not apply to defendant who was incarcerated in
state prison at time of alleged commission of such
offense." (1978)

- "Purpose or intent with which a weapon is carried is not an
element of offense of carrying a concealed weapon." (1973)
- "Jury's determination that knife sharpening steel, which
defendant... contended he carried only for protection...
was a concealed weapon, was justified." (1971)

- "Straight razor in pocket of defendant was 'concealed'..."
(1967)

- "Daggers, dirks, stilettos... and similar articles,
designed for the purpose of bodily assault or defense, are
generally recognized as 'dangerous weapons per se'..."
(1945)

- "Pocket knives, razors, hammers, hatchets, wrenches,
cutting tools, and other articles would constitute
'dangerous weapons'... if used or carried for use as
weapons." (1945)

- "An ordinary jackknife with a pointed blade 3-5/16 inches
long was not a 'dangerous weapon...' in the absence of
evidence that it was used or carried for use as a weapon."
(1945)

- "Five-inch, double-edged, nonfolding knife was not a
'hunting knife' within hunting knife exception..." (1989)

- "Defendant charged with carrying concealed weapon had
burden of proving that hunting knife was 'adapted and
carried as such'..." (1980)

Answer 2

Fantastic answer by MrKnowItAll. Clearly it is the *intent* of the person carrying the knife or other weapon that is the deciding factor. A pocket knife on your belt? Be prepared to justify why you have it with you. If your truthfull answer is that it is for self-defence, then you may be deep in the you-know-what. Read what MrKnowItAll quoted and decide for yourself. Also (and I'm very serious here), do you often get in those situations where your life may actually be in danger? Maybe you should try to avoid those situations in the first place. Remember that if you use or threaten to use a weapon, the other guy can do so as well. Think about it.

Answer 3

Self Defense Laws In Michigan

Answer 4

A Swiss army knife type balde is not likley to be an issue either, but trust me it is not likely to be of much help to you self defense wise.

For one thing, in winter, it might not even get through someone's coat.

For another, you may not have the opportunity to get it open.

Finally, it is relatively easy to disarm you. I took such a knofe off of somoene once, and I was drunk, and he was not aid he was the mad one.

Answer 5

Dude relax, its just a 2.5 inch pocket knife, not a .45 Yes you can carry them in your pocket, thats what their for. I doubt your college considers that a weapon unless they specify pocket knives. Tx.

Answer 6

If you used it in self defense, it would be just that - self defense. If you started something, there is a chance you'd be charged with assault with a deadly weapon, but that is unlikely if you do not pull the knife during the situation.

Answer 7

I'm not an expert in Michigan law, but most states will exonerate you of any charges stemming from any of your reasonable self-defense activities.

Answer 8

The best thing in the circumstances is for you to learn martial arts to defend yourself.Carrying
a knife would only attract trouble which may be beyond your capacity to handle,leaving the legal aspect apart.the fact that you are carrying a knife itself may go against you as a
self-defence plea would be hard to establish.

Answer 9

2

Answer 10

1

Answer 11

I'm not completely convinced about this