An Overview of Knife Laws in Delaware State
Delaware law currently restricts the ability to own and carry certain knives. For example, possession of a knife considered a "deadly weapon" is prohibited. The term "deadly weapon" is defined by 11 Del. C. § 222 as: any offensive implement readily capable of being used as a weapon that is designed or adapted to cause death or serious physical injury, or any component of such a weapon.
The law, however, does outline some exceptions:
Notwithstanding the provisions of subsection (a) [of this section], the ownership, possession, transfer, manufacture or transportation of an offensive implement prohibited under this chapter may be allowed for the following purposes only: In accordance with the above sections, the possession of automatic knives, switchblade knives, gravity knives, and knuckle knives is restricted . Specifically, 11 Del. C. § 1441 states: (a) Except as provided in § 1443 of this title, it is unlawful for a person to possess, own or carry a switchblade knife, knife having a blade which folds, closes or retracts into the handle of the instrument by means of a spring action or any similar implement. Notably, this prohibition does not apply to individuals licensed as a private detective or constable, members of the Armed Services or National Guard, and/or members of any law enforcement agency of the state or political subdivision of the state, including home land security forces. This was both for dismantling a weapon seized and also for protecting a crime scene. Other exceptions include for use in one’s home or business, knife shows/exhibitions, or when traveling from point of purchase to home, or from home to point of use.
Knife Types and Their Legal Classifications
There are various types of knives in Delaware, most of which are illegal to carry. For example, switchblade knives with blades more than 3 inches in length are illegal to carry or own in Delaware. Pocket knives, on the other hand, are legal to carry unless they exceed 3 inches in length. Fixed blade knives of any size cannot be carried or owned in the state of Delaware. Other knives that are prohibited; daggers, dirks, executors, stiletto knives, throwing stars, or any type of blade that descends from the handle when the knife is opened. If you are uncertain about the legality of carrying a specific type of knife in Delaware, it is always best to consult an experienced Delaware weapons offences lawyer.
Minimum Age and Restrictions on Knife Ownership
Typically, knife ownership is subject to the same age restrictions as other types of weapons in Delaware. According to Delaware code, no one under the age of 21 can buy, sell, give, lend, or transfer possession of a combat knife. A combat knife is defined as a knife, commonly having a double-edged blade. It may have a blade of four inches or more, and it also may have features such as hand-guards or markings that indicate the forged nature of the blade.
In practical terms, this means that anyone under the age of 21 cannot buy a combat knife in a Delaware store. However, once they own a combat knife through other means, they are not prohibited from carrying it or using it under any circumstances.
For example, imagine that an 18-year-old is serving in the military and currently stationed in a state outside of Delaware, where they are allowed to own a variety of knives. Once that soldier returns home on leave, there are no restrictions on carrying or using a combat knife, if that combat knife was already owned by the soldier at the time of purchase.
In addition to combat knives, Delaware law strictly prohibits minors (under the age of 18) from owning any type of switchblade knife or so-called "belt buckle knife." This law does not include exceptions for knives that are purchased for the purpose of combat, so switchblade knives cannot be bought or sold in any licensed store in the state.
Unlike most of the rest of the country, Delaware includes no exceptions for "ordinary" knives, including pocket knives, in its statutes. Although you are unlikely to face any legal problems if utensil knives,
If you are under the age of 16, you cannot buy or use any knife without parental consent.
Conceal Carry and Open Carry Regulations
The concealed carry of knives in Delaware is unlawful unless you have a valid permit or qualify for an exception. Your permit must state that you are authorized to carry "deadly weapons" and "dirks, daggers, and switchblade knives."
Exceptions
Even if you don’t have a permit or a knife specifically mentioned on your permit, the following exceptions apply:
Open Carry Rules
There are no state laws regulating the open carry of knives in Delaware. Although there may be restrictions in your city or town, most restrictions are limited to the following two types of knives:
Always be sure to check with your local law enforcement to make sure you comply with all state and local laws when carrying knives.
Penalties for Breaking Knife Laws
Violating knife laws in Delaware can lead to serious legal repercussions. The enforcement of these laws is taken seriously by law enforcement and courts, making it essential for residents and visitors to understand the potential penalties for noncompliance.
In Delaware, violations of knife laws can result in a variety of legal consequences, depending on the specific offense committed. For example, a person found guilty of carrying a concealed deadly weapon such as a knife can face up to one year in jail and a fine of up to $1,150 for a first offense. If an individual commits a subsequent offense, they could be sentenced to 18 months of imprisonment and a fine of up to $2,250.
Apart from criminal fines and incarceration, a violation may also result in the loss of the weapon. Law enforcement officials may seize any weapons that are in violation of the law, which can mean the voiding of an individual’s carrying rights. Additionally , individuals who possess knives in violation of the law may be disqualified from certain professional endeavors. For instance, individuals seeking careers that require a clean criminal background, such as law enforcement, military service and security jobs, may find that knife-related offenses are disqualifying attributes for employment.
Juveniles caught carrying the same types of knives may face harsher penalties, as there are additional restrictions placed on knife ownership for those under the age of 18 in Delaware. Minors may be charged with a Class B misdemeanor for violation.
The penalties outlined demonstrate that Delaware Knife Laws hold individuals accountable for violations, whereas up-to-date legislation protects both knife owners and society from potentially dangerous circumstances. When in doubt, contact an attorney proficient in Delaware knife laws to acquire knowledge on the legal repercussions of knife-related offenses and to have your questions answered.
Delaware Knife Law Myths Busted
Misconception: Knives Over a Certain Length or Size Are Illegal
Truth: Although restrictions apply to the schools or on state property, the size or length of a knife is not the determining factor regarding its legality in Delaware. The law emphasizes the intent of a person with a knife—if they have it as a secreted weapon, it is illegal, but if they have it legally while they are in a restricted area—with the intent to perform a legal action—the law doesn’t apply.
Misconception: You Can’t Carry a Knife in Public
Truth: As long as you’re not in an area where knives are prohibited—such as a school or federal building—and you are not carrying the knife as some sort of weapon, it is legal to carry a knife in public in Delaware.
Recent Changes and Legal Updates
Delaware’s knife laws saw no significant changes in recent years, especially compared to America’s evolving views on firearms, even as the knife ownership rate seemingly increased. Nevertheless—mostly due to its geographical proximity to Philadelphia, Baltimore, and Washington, D.C.—some Delawareans felt local police put a greater emphasis on arresting and charging residents for knife possession crimes than on crimes actually involving knives. This perceived over-policing led to calls for repealing knife laws in some pockets of the state, but nothing came of it. In fact, an effort put forth by Delaware Representative Richard Collins to amend Delaware’s knife laws to allow pocket knives with blades longer than three inches failed to get out of committee in the legislature in 2017; a few years earlier, Collins’s attempt to create statewide preemption for knife laws also died in the same committee. While those showing interest in easing laws on knives generally are not having much success, supporters of even more stringent prohibitions are faring even worse. In the early half of the last decade, the Delaware Legislature faced three bills proposing a ban on switchblade knives. All went to committee, and all failed to make it out of committee for a vote. Knife rights advocates in the state appear to be increasingly adept at killing such bills . In 2011, the legislature considered a measure that would have classified "any knife or other similar device wherein launching, accelerating, or projecting a projectile or another object by the release of energy" a type of automatic knife and banning the device. The bill died in committee. The story was the same for two other bills with similar language. Of course, legislators in Delaware aren’t the only people who draw so stupid you’ve got to think they’re trying to lose their jobs. In 2017, a Delaware knife carrier was arrested for possession of a spring assisted (not automatic) knife in a private residence. Prosecutors dropped the case, but the action demonstrates how terrified the entire state mechanism is of even harmless knives. On the positive side, another sense may be stirring inside that same mechanism. Lawmakers in Delaware finally enacted legislation that simplified the knife carrying language in Delaware’s code. Prior to 2015, the law appeared in Title 24, which addressed knives in the context of "crime against property". Delaware’s law against carrying knives on a person was threefold, but, as of 2015, the limits applied only to individuals over 18 years old; violators were subject to class B misdemeanor charges. In 2015, the three prohibitions moved to Title 11, where Delaware’s statutes against "weapons" now reads: