A Summary of Alabama Knife Laws
Alabama laws on knives are fairly permissive when compared to many other states. While Alabama has several different knife-related categories, none of them are particularly restrictive. There is also no confusing knife law taxonomy or secret handshake to know which law applies to your knife. Most knife laws are contained in the Alabama criminal code and deal with criminal weapons offenses, such as possession of certain knives by certain people.
The key feature of all of these knife laws is what the law refers to as "person not to possess a pistol or firearm." This law is the linchpin for all knife law in Alabama. If you are a person who cannot legally possess a firearm and your knife is considered a weapon, then you cannot legally possess the knife as long as the weapon ban is in effect. The Alabama knife laws essentially extend the ban on weapons to cover knives.
For purposes of Alabama knife laws, there are three categories of weapons: pistols, rifles, and shotguns. Knives fall into the pistol category for weapons bans. A pistol, as opposed to a rifle or shotgun, is defined as any pocket knife, bowie knife, dirk, stiletto, or any other knife made or customarily carried for use in the hand. Many knives fit in to this rough definition either because they were originally developed for a particular purpose (e.g. bowie knife, dirk) or because they can be "customarily carried". This obviously creates a lot of issues, as Alabama law does not contain any categories for knives. If a weapon ban references pistols , the ban covers knives.
There are several broad categories of exception to Alabama pistol assault weapons ban that will allow you to legally possess weapons that would otherwise be banned. First, weapons covered by state law but owned and used for a particular purpose fall under an exception. For example, if you own a knife for work or school, you are most likely covered. Your intent is what the law is interested in finding out. Courts look at a person’s "true intent" when determining if there is a purpose. Next, weapons covered by local law and manufactured after 1956 are exempt from weapons bans. Finally, weapons covered by state law that are kept on the premises of a private home (and not carried on the person) are exempt.
With these broad exceptions, Alabama knife laws are fairly permissive. Alabama law does not address the number of knives, blade size, or even knife designs. However, it is important to keep in mind who you are. Alabama knife laws are very strict on people who have certain felony convictions or are considered a "dangerous" person. In these cases, your knife may be a weapon instead of a regular pocket knife. Your intent does not matter when dealing with weapon bans. Even if you only have a knife for work purposes, if Alabama knife laws consider it a weapon, then you may be subject to a ban.
As with any state, it is the responsibility of the knife owner to understand the knife laws and abide by them.
Knives Permitted to Be Carried Under Alabama Knife Laws
The types of knives allowed to be carried in Alabama vary according to the section of the statute that covers the item. For example, knives under 13A-11-50 are legally defined as follows: "any dagger, dirk, stiletto, switchblade knife, bowie knife, or any other knife commonly known as a stabbing knife . . . or any knife resembling any of the aforesaid weapons." Where this section applies, it is illegal to carry a knife where the blade length is longer than six inches or any dagger or stiletto regardless of blade length or handle length.
Section 13A-11-52 allows for more freedom and does not limit the length of the blade. This section governs "any dirk, knife, or stiletto, having a blade longer than six (6) inches, which is like those types of knives." However, these types of knives can only be carried in sheath or slide-on style sheathes. Concealed or disguised knives are illegal to carry under this section.
The term "pocket knife" has no legal definition or statutory basis. Rather, it is simply referred to as a "commonly known pocket knife with a blade less than 4 inches" and is allowed to be concealed or in plain view.
Alabama Knife Carry Permits
Alabama Does Not Require (And Has Exemptions From) Knife Carrying Permits
In Alabama, no special permits or licenses are required to carry knives. However, there are a couple of exemptions from the law that knife users should know about.
First, with respect to concealed carry, a person is prohibited from carrying a "bowie-knife, dirk, or switchblade knife" concealed on his or her person unless the person has a pistol permit. (That basically means a person in Alabama cannot carry a concealed knife unless the person has a pistol or handgun license.)
Second, though, certain ceremonial and professional utility knives are exempt from regulation. To be more specific, the statutes say that the prohibition against possessing bowsie-knives, dirks, or switchblade knives does not apply "to any person while attending any religious, educational, fraternal, medical, political, civic, mechanical, agricultural, horticultural, professional, educational, scientific, war, courthouse or municipal-boarding house, public-seat, or other kindred assembly."
Notice that is a very long list. As long as you are attending an assembly of one of those kinds, you are not prohibited from possessing knives that would otherwise be considered illegal. In addition, there are a number of other utilities exempted from the regulations against concealed carrying, including paring knives, tin snips, tackle knives, and butter knives.
However, do not think the law will protect you simply because you are a member of a church or a local government. To enjoy that exemption, your presence at the assembly must be in your capacity as a member of that group. For example, if you are an insurance salesman and have been asked to give a presentation to a church group, you would be unlikely to fall under the umbrella of the "religious assembly" exemption. Moreover, the applicable statutes say that it is unlawful for a person attending a "kindred assembly" to carry more than one of the exempted knives at one time.
It may be wise to keep in mind that purposes behind the concealed knife prohibition. The law was written partly to protect against violent confrontations between "whites and freedmen, particularly in the case of the latter." These days, carrying knives while attending political rallies related to contemporary hot-button issues might seem to be risky subject matter.
The current wording of these statutes suggests that the legislators of Alabama anticipated (and sought to prevent) the types of disruptions that frequently occur at town-hall meetings.
The bottom line is that the knife regulations are not unintelligible in Alabama, but may take some creative thinking to apply to your particular situation.
Knife Carry Restrictions on Locations
There are several restrictions on places to carry knives in Alabama. The law prohibits carrying a concealed knife "on or about one’s person" except at one’s home or place of business, or while traveling. § 13A-11-50. Knives capable of inflicting serious injury are among the weapons requiring specific permission for concealed carry.
State law also restricts possession of certain knives on school grounds. Pursuant to § 16-1-24.2(a)(1), "any dirk, dagger, stiletto, or bowie knife or any other kind of knife commonly known as a dirk knife, dagger knife, stiletto knife, or bowie knife, or any other deadly weapon" is considered a "weapon of mass destruction" and is prohibited on school property. This includes preschools, K-12 schools, colleges and universities, daycare centers, and other school buildings. § 16-24-6(a)(1). Knives with blades of less than two inches in length are exempt from this prohibition (§ 16-24-6(a)(2)), as are "utility knives." § 16-24-6(b). Utility knives include "tools designed and primarily intended for sports utility purposes or as a gardening or utility tool" such as "a folding penknife having a blade two inches or less in length, a safety razor, a utility razor, a carpenter’s utility knife, an electrician’s utility knife or a box cutter." § 16-24-6(c).
Penalties for Violation of Alabama Knife Laws
As with any weapon or tool, there are legal ramifications for violating knife carry laws in Alabama. If you are found in possession of an illegal knife or violate open and concealed carry laws, you could be charged with a misdemeanor or felony, depending on the severity of the offense. While knife laws are a little more relaxed than gun laws, the consequences can still be harsh if you break them. It’s important to be informed of all Alabama knife laws so that you can avoid a situation that could result in serious legal trouble, like a felony conviction or a fine. A misdemeanor is less severe than a felony, but the ramifications can still be serious . If you are charged with a misdemeanor, you could be forced to pay a fine or serve jail time, depending on the specific details of your case. A felony might result in a prison sentence or detention in a juvenile rehabilitation facility. There are a number of different ways in which knife carry laws might be violated to warrant a misdemeanor charge. If you are carrying a knife with the express intent of using it for harm or aggravated assault, the severity of this potential scenario might be enough to warrant a felony charge. Keep in mind that a justified and defensive use of a knife is completely lawful, and if you are charged with a firearm or weapon violation, it’s important to seek the advice of an attorney who specializes in gun or knife laws.
Recent Changes in Alabama Commonwealth Knife Laws
The state of Alabama has seen an increase in legislative activity concerning the open carry of knives. Last summer, a number of bills were introduced in the Alabama legislature that would have repealed Alabama’s knife carry laws or made them even broader than they already are. The bills to expand knife rights were met with strong opposition from knife manufacturers and their employees. Knife carry law opponents bested the knife rights activists in the legislature last year. The knife carry community was completely caught off guard with the negative impact of the Alabama law over the previous 1-2 years. As a result, business started slowing down for many knife manufacturers. Fortunately, the outcome of the 2015 knife carry bills didn’t alter the future of knife rights in Alabama.
On March 17, 2016, Alabama Governor Robert Bentley signed two bills into law: HB 17 and SB 48. These laws add to the already permissive knife carry laws in Alabama. HB 17 prohibits state and local government from passing any laws regulating knives. It appears that HB 17 will impact some of the big knife manufacturers which have a presence in Alabama.
SB 48 strives to define "dangerous instrumentality (or weapon as it is commonly referred to in Alabama) to include a "bowie knife, dirk, dagger, stiletto, or other similar type knife." This expands upon the commonly known knife laws of Alabama to include essentially every knife. The bill doesn’t appear to restrict any knives from legal possession in Alabama, but rather recognizes that the terms used in the current statute were not sufficiently describing knives.
Interestingly enough, these changes do not have any effect on the current Senate File 1155 and House Bill 419, which would create a comprehensive preemption of local ordinances regarding the carry of knives, by way of legislation. That bill had a public hearing in front of the Senate’s Judiciary Committee and is a work in progress.
Alabama Knife Laws Compared to Other States
Alabama knife carry laws contrast sharply with those of neighboring states. For example, in Mississippi, knives are not considered dangerous weapons unless used in a threatening manner or functional as a weapon. Likewise, weapons of above lawful length are not illegal per se in Tennessee, which requires a state permit for all concealed weapons on school property. The Florida knife laws do not limit the length of any knife or knife blade. In fact, knives may be carried anywhere throughout the state, except for schools and government buildings. There are, of course, limitations . However, Florida is much more restrictive than Alabama when it comes to the actual prohibition of knives. Georgia law requires a state permit for all dangerous weapons, including knives, but shows more latitude to knife owners than some states like Alabama. North Carolina classifies any deadly weapon as a knife having a blade over three inches. A concealed carry permit is therefore required for a knife considered legally deadly. The ouster of Alabama knife ownership from the general category of legitimate weapons might be one of the major reasons that Alabama knife laws differ so much from those of other states.