Site icon A Straight Arrow

Delaware State Knife Laws

The Constitution of the state of Delaware, USA present legislature regarding arms as follows:

An individual has a civil right to own and bear arms for the purposes of self-defense, defense of family, defense of home and of state, as well as for hunting and recreational uses.

Del. Const. Art. 1 & 20

The Delaware state legislation regarding the carrying and possession of knives may be located at Title 11 of the Delaware Legal Code, captioned as ‘Crimes and Criminal Procedures’.

Forbidden:
Switchblade knives identified as the knife of a blade released via spring mechanisms or gravity. 11 Del. Code S. 1446.

Transfer/Sale:
It is illegal to sell, offer sale, or deal with switchblade knives in any manner. 11 Del. Code. S1446.

Delaware state legislation shows prohibition of manufacturing undetectable knives on both a commercial scale and with commerce in the arm. This pertains to knives that are not discernible by magnetometers or metal detectors.

S 1446A. Undetectable knives; commercial manufacturing; importing for commercial sale; offering to sell; and possession.

(a) Individuals within the state who commercially manufacture or knowingly important into the state for commercial sale or keep for sale or offer for commercial sale with possession of undetectable knives are guilty of a class G felony. The term ‘undetectable knife’ is defined as a knife or instrument with or without a handguard capable of use as a stabbing weapon to cause serious or life-threatening injury. The weapon must be commercially manufacturer and must not be detectable by a magnetometer or metal detector due to the lack of permanently affixed detectable material of standard calibration.

11 Del. Code. S. 1446A.

Carrying/Concealment:
Carrying and concealment of a weapon are identified as a legal offense. It is noted as a criminal offense to bear a ‘deadly weapon’ as defined in statutory legislation without a license. The definition of ‘deadly weapon’ is provided in S. 1441 of Title 11 Del. Code. 1442.

(5) The term ‘deadly weapon’, as indicated by statutory legislation, is defined as any arm that may be used or attempted to be used to cause life-threatening physical injury or death of another individual. Deadly weapons include firearms, bombs, knives, switchblade knives, blackjack, bludgeons, metal knuckles, slingshots, razors, bicycle chains, and/or ice picks. An ordinary knife appearing in a closed position is not considered a deadly weapon. In addition, the ordinary pocketknife must be a folding knife with a blade not exceeding the length of three inches.

11 Del. Code. S. 222 (5)

A knife of any sort, excluding the ordinary pocketknife with a folding closing position and not having a blade exceeding three inches in length, is legally considered a deadly weapon and cannot be held/carried in a concealment fashion.

Educational Facilities/Schools:
According to S. 1457 of the Delaware Crimes Code, it is illegal to possess and carry a deadly weapon or firearm in a secure educational facility or recreation area/zone.

Statewide Preemption:
Not applicable with no concern.

Critical Dimensions:
Dimensions of the knife must not exceed a three inches length of the blade to be considered an ordinary pocketknife.

This information that is presented as a brief description of the laws and not as any kind of legal advice. aStraightArrow will not and cannot be a legal service provider. The use of the site does not create any sort of client/lawyer relationship. The knife laws are interpreted differently by prosecuting attorneys, enforcement officers, and judges. aStraightArrow suggests you consult legal counsel for further guidance.

Exit mobile version