An Overview of Kansas Knife Laws
Knife laws can be quite complicated, even in a relatively knife-friendly state like Kansas. Some states generally recognize knife rights and tend to look the other way, and then there is Kansas. Knife carry rights in Kansas have become increasingly liberalized over the years , especially since the 2013 legislative re-write, but there are still a few points of confusion that have been left over. Accordingly, it is very important for Kanans to have a relatively clear understanding of all relevant knife laws. Most knives and common knife weapons are legal in Kansas, with a few exceptions.
Kansas Knife Definitions: What Counts as a Knife?
A knife is defined in Kansas law as either: A dagger, dirk, or stiletto knife, with a blade over four inches in length; Any other knife with a blade over four inches in length and which may be used for stabbing; Any knife with a blade over four inches in length, the blade of which is capable of being opened by one-hand pressure; or, Any knife resembling a sword, having a blade over five inches in length, from the tip of the blade to the beginning of the hilt. For the recent inclusion of the phrase "tactical knife" in Kansas Knife Law, this section has been divided into further sections. Kansas Stat. Ann. § 21-4201(g): "Knife" means and includes any dagger, dirk, or stiletto knife, or any other knife, having a blade over four inches in length and capable of being opened or closed by one-handed pressure, or any knife resembling a sword, having a blade over five inches in length from the tip of the blade to the beginning of the hilt. Blades that are over 4" in length and may be used for stabbing. This definition will depend on how a court has previously defined a "dagger" or "dirk" this does indicate that "dagger" or "dirk" are a broad category of knives as these definitions, in some respects, provide the parameters of what a dagger or dirk is. Any variances in these legal terms can be attributed to the distractions of the English language, the technological evolution of blades, and the naming conventions throughout eras. The previous wording of this phrase was "any other knife with a blade over 4 inches in length." The change from "any other knife with a blade over 4 inches in length" to "or any knife resembling a sword, having a blade over five inches in length from the tip of the blade to the beginning of the hilt" is in conflict with the definition of a knife because both of these knives are considered knives under the law. The broadest definition of a sword is a knife meant for cutting or slicing rather than stabbing, so it must have a to be less than a dagger, dirk, or stiletto knife even though the statute still mentions "any knife resembling a sword." Specifically, the term included provides the parameters of what a "knife that resembles a sword" is. It is a knife having a blade of greater than five (5) inches. It is worth noting that "dagger, dirk, or stiletto knife" have previously been interpreted as having a 12-inch blade, which provided ample restrictions on the defined terms. This part of the definition seems to be more in line with daggers and swords. "Knife resembling a sword" does not come under the same scrutiny. For the sake of some clarification, "resembling" means similar to or akin to (as in – any knife similar to, or akin to, a sword). Sword mean to cut with a sharp scope and is not intended to "stab" or plunge. As noted above, the definitional change in the prior two years indicates an indeterminate effort to concentrate on the types of blades that can stab and plunge.
Banned Knives and Prohibitions
As you might imagine from a state that is home to the people’s right to bear arms, there are not too many restricted knives on the list in Kansas. That being said, it does have a list of knives it is illegal to own or use, they are:
- Switchblade or any spring – loaded knife designed to be thrown by a hand-held device.
- Bowie knives (a large knife with a long, narrow blade).
- Ballistic knives (knife that uses a wheel as a launching mechanism).
- Belt buckle knives.
- Dirt knives (studded iron daggers and knives used to kill chinch bugs).
- Pocket knives/dirks (small knives held to the front by long blades designed to stab or thrust).
- Sword canes.
- Kansas law prohibits the concealed/worn carrying of these types of knives: a "dagger", "dirk", "dirk knife", "stiletto", "stileto knife" or "parang" weapon; an "air gun" (all types of air guns); any "gravity knife" (defined above); a "sarofia", "sarokha", "para-bilao", "kris", "kris knife" or "scabbard knife".
Kansas Knife Carry Laws: What You’re Allowed To Carry
In Kansas, what can I carry where? Kansas knife laws can be complicated and generally fall into three categories based on where the knives are being carried and on what they look like. This section breaks down some of the considerations you should make when taking knives out of the home. The first rule of thumb is that the more concealed the knife, the less likely it is that someone will notice you are carrying a knife (weird sound, weird look, or pointing to the side of your right pants leg all suggest that you have a clip-on knife). The converse to that is that the more present that your knife is in public, the more likely it is that someone will notice. For example, carrying a knife inside of your pocket or on a belt under your shirt (even if it is metal) is not illegal. On the other hand, using a knife in public (whether it is in a carrying sheath on your back, clipped to a belt, or held at muscle or eye level, etc.) or hunting or fishing with a knife tucked into your waistband is usually illegal. As is wearing a knife that you would normally use for display as a fashion accessory in public. Kansas generally prohibits "any switchblade knife, any type of gravity knife or any hand or pushbutton-operated knife commonly known as a flick knife, a switchblade knife, a flick knife, a gravity knife, a butterfly knife, a dirk knife or a stiletto knife" in public but allows them to be carried in your house, on your land, or in your own abode. Kansas is one of the most open knife friendly states remaining in the nation. In addition to the state pre-emption of local regulation that prevents counties and cities from creating their own restrictions on knife carry, KS also allows you to carry any knife in public that is tanimura, dirk, stiletto, butterfly, flick, switchblade or gravity-operated or knife which has a blade exceeding four inches in length or a double-edged dagger with uncrossed handles under self-defense laws.
Some Exceptions and Special Circumstances
In Kansas, a number of exceptions may apply to the prohibition on possession or use of certain knives. These exceptions often suit the lifestyle of many Kansans.
For starters, law enforcement officers pose the first exception. This exception is so vast that it calls into question whether officers are exempt from following the knife laws altogether. The exemption states that equipped officers, even when off-duty, may carry in all public places a dagger, dirk, stiletto, or any other knife that might otherwise be illegal for the average person to possess. The question of whether law enforcement agencies in Kansas permit officers to carry knives off-duty was not addressed in the Kansas cases we found. However, it seems less likely that carrying knives off-duty falls within the scope of the exemption. The law enforcement exemption would be violated if an officer were to carry a knife that the officer could not normally possess because of the statute when that officer was off-duty. So, it is certainly unlikely that the law would allow for off-duty law enforcement to use knives when they might otherwise be illegal because they do not serve a law enforcement purpose .
The next significant exception to Kansas knife laws applies to hunting knives. Cape buffalo hunting knives are defined by statute as those that "are not less than 12 inches nor more than 18 inches in length, measured in a straight line from tip to butt of blade, with the blade toleration of one-half inch plus or minus." It is legal in Kansas to carry a cape buffalo, antelope, or eland knife while hunting. Tasers, archery equipment, and gun equipment are the only accessories that can be affixed to these knives. Otherwise, the knives must be carried in a sheath. Carrying the knives in any other manner violates Kansas law.
A similar exception applies to bowie knives. These knives are permitted during the hunting season if carried in a sheath; strapped on the person; carried in a holster integrated with the sheath; or attached to the belt or waistband. This exception includes knives covered by the cape buffalo exception.
Finally, we must note that knives used during sailing are not prohibited either.
Penalties for Knife Law Violations in KS
Violating the state knife law may result in minimal or severe legal penalties depending on how the law was violated. Under Kansas law, the following are Class A and B misdemeanors:
(i) Class A misdemeanor—fine of at least $50 but not more than $2,500, Imprisonment in jail for no more than one year, or both fines and imprisonment
(ii) Class B misdemeanor—fine of at least $500 but not more than $1,000, a maximum jail sentence of no more than six months, or both fines and imprisonment
Moreover, when a person violates the state knife law with intent to inflict violent harm on another, that person may be convicted of aggravated assault, which is a level 5 person felony, and aggravated battery, which is a level 7 person felony. The penalties for a level 5 person felony are as follows:
(i) Imprisonment for not less than 36 months, and not exceeding 54 months
(ii) A fine not exceeding $100,000
(iii) Both fine and imprisonment
The penalties for a level 7 person felony are as follows:
I. Imprisonment for not less than 46 month, and not exceeding for 65 months
II. A fine not exceeding $500,000
III. Both fine and imprisonment
In addition to statutory penalties, a violation of the knife law could result in non-legal ramifications. For instance, some employers may fire individuals for violating the state knife law. Individuals may also be disqualified from certain professional licensing opportunities. Finally, and perhaps more importantly, knife rights advocates may blacklist individuals who violate the state law.
Recent Amendments and Developments to KS Knife Laws
Kansas has seen some recent movement in its knife legislation, however, the progress has been gradual rather than sweeping. Since 2012 the legislature has considered several bills that would have broadened the sorts of knives that people can carry, but thus far, none of them have succeeded. Efforts this year to repeal certain knife restrictions fell short as the legislature concluded its session in May. Some common knife types, like dirks, daggers, and other weapons with similar characteristics remain illegal, but in many other respects knife laws are relatively permissive. In much of Kansas, knives are simply classified as "any dagger, dirk, knife, stiletto, switchblade, sword, sword cane or any other dangerous or deadly weapon." That means that in areas where a knife is illegal, it is only illegal to carry a knife with a blade longer than four inches. As a consequence, many knives are technically legal despite the fact that they may otherwise resemble forbidden weapons. The legislative inactivity in the past few years stands in contrast to efforts made in 2006 to broaden the restrictions on knife ownership and use. Starting in 2005 Kansas restricted all knives from being carried in state and local government buildings. But in 2006 the state dramatically redefined knives for purposes of those restrictions. Although the new law did not change the restriction on ice picks, stilettos, dirks, daggers, swords, or sabers, it brought many other knives under the sword and dagger restriction, including special kinds of knives that had never previously been restricted, like bowie knives, machetes, ice picks, poniards, daggers, dirks, stilettos, sabers, and swords. Other states have moved in the opposite direction, but none have followed Kansas and narrowed the scope of knife restrictions. Knife rights groups have been trying to expand knife rights only since 1999, when the first effort came on the heels of a knife ban issued by President Bill Clinton. Knife rights proponents have been prominent throughout the 2000s and in 2008 and 2017 were successful in getting laws passed that made broad knife bans unenforceable. With a history that has deep roots in the colonial period and a span of over 200 years, Kansas knife laws are stable in most respects. Despite recent legislative inaction, and previous efforts to limit the rights of knife owners and users, restrictions on knife rights in Kansas remain limited.
Knife Carry Tips for Kansas Residents
As a knife owner in Kansas, there are several practical tips that can help you stay on the right side of the law. First and foremost, be mindful of the types of knives you own and carry. Though many types of knives are legal to own and carry, there are some exceptions and restrictions that you should be aware of. When it comes to practical knife use, always remember to be responsible. This means using your knives for their intended purposes, such as in the kitchen or for sporting uses, and avoiding any use that could put yourself or others in danger. Always keep knives stored out of reach of children and ensure that they are safe and secure to avoid any potential accidents.
When traveling with your knives , it’s always best to transport them in the trunk or in a locked container, particularly if you are unsure whether they are legal to carry in the state you are passing through. It’s also recommended that you keep a list of your knives and their corresponding makes and models on hand in case you ever need to provide proof of ownership. Finally, should you ever be stopped and questioned by police regarding your knives, be polite and explain your rights clearly, but don’t volunteer any information that may not be relevant to the stop or arrest.