The individual right which people have of keeping and bearing arms is recognized by the Ohio State Constitution.
For their security and defense, it is the right of the people to bear arms; but in time if peace, standing armies are a danger to liberty and will not be kept up, the military will remain in strict subjection to the civil power.
Ohio Constitution: Arl. I, § 4
You can find the Ohio statutory law in regards to knives as well as edged arms in Weapons Control Chapter 2923.
Prohibited: As defined in R.C. § 2923.11(J), ballistic are forbidden as they are a dangerous weapon.
Sale and/or Transfer: It is illegal to manufacture or possess for purposes of sale as well as sell or furnish a gravity knife, a spring blade knife, a switchblade knife or any weapon which is similar unless it is for police business. (R.C. § 2923.20(A)(3)). Incorporated into the Federal Switchblade Act in the year 2009, the bias toward closure language served to amend or qualify the what defined switchblades in the various jurisdictions in America is not part of the law in Ohio.
Concealment and/or Carrying: According to Ohio law, it is illegal to carry a “deadly weapon”, as this term may be statutorily defined, in a concealed manner. The prohibition of a concealed weapon, which includes the subpart of an affirmative defense, does not mention knives.
No one should knowingly have or carry, concealed or their persons and/or concealed and ready at hand, any of the examples that follow:
A deadly weapon with the exception of a handgun:
A handgun expects one of dangerous ordnance:
A dangerous ordnance in itself.
(D) Charging under division is an affirmative defense
(1) in this section about having control of or carrying a weapon with the exception of a handgun or a dangerous ordnance which the actor had not been otherwise prohibited from having this weapon by law and if any of the following were to apply:
The weapon was kept ready at hand or carried by the actor for reasons of defense while the actor was at or coming and going to or from the actor’s lawful occupation or business, the occupation or business was necessarily carried on in a manner or of a character that or at a place or time that caused the actor to be quite susceptible to a criminal attack, this then would be justified and prudent for the individual to be armed.
The weapon was kept at hand or carried by the actor for reasons of defense while the actor took part of a lawful activity and felt reasonable cause to be concerned with a criminal attack being taken towards the actor, someone from the actor’s family, or from the actor’s home who was a prudent person would be justified with being armed.
The weapon was kept ready at hand or carried by the actor for a lawful purpose of any kind while the actor was at home.
R.C. § 2923.12
A deadly weapon would be defined as follows:
A deadly weapon would be any device, instrument or object that could cause death, and is specially adapted or designed to be used as a weapon, or carried, possessed or utilized as a weapon.
R.C. § 2923.11(A)
There are many cases that have been presented in courts in Ohio where an individual who was carrying a folding knife of the conventional kind was charged with possessing a deadly weapon. Generally. There are three elements of the definition of a deadly weapon that the courts will analyze, particularly:
— can the knife inflict death:
— is the knife specially adapted or designed to be used as a weapon; or
— carried, possess or utilized as a weapon.
If you analyze it practically, a number of everyday objects which could cause death are basically limitless. This element is rarely what the ultimate determination is dependent on. Most of the cases that have been reported focus on if the knife is specially adapted or designed to be used as a weapon.
When it comes to this, there are quite a few cases that stand with the belief that knife which can be easily opened with a single hand could be considered as being adapted or designed to be used as a weapon. As in the State of Ohio v. Cattledge, a folding knife of the conventional kind with a thumb stud was determined to be a deadly weapon. The following characteristics were identified by the court to support what they had found which was that the knife was a deadly weapon:
The blade could easily be opened with the use of one hand;
The blade loved into position:
The blade was serrated;
The blade tip was sharp;
There was an extra design element done to the blade, for example, a hole which makes unfolding the knife with the use of one hand simpler;
It bears no resemblance to an “ordinary” pocket knife; and
Is a knife which is considered to be a weapon.
2010 Ohio 4953, the State of Ohio v. Cattledge
The problem with the issue of carrying concealed knives that are presented by Ohio law is that the subject is very subjective and depends on the person finding the facts, this could be judge or jury.
On top of that, the third element which is the definition of a deadly weapon, particularly whether the knife is used or merely carried, most of the times will have to do with examining the reason why the defendant was carrying the knife. In most cases, it seems as if the defendant must demonstrate affirmatively some sort of justification for the possession of the knife.
Dimensions Which are Critical: None noted.
Statewide Preemption: No.
Schools: It is prohibited by Ohio law to possess any kind of “deadly weapon on any school grounds. R. C. § 2923. 122.
This information that is presented as a brief description of the laws and not as any kind of legal advice. aStraightArrow.net 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.net suggests you consult legal counsel for further guidance.