What You Need to Know About Knife Carry Laws in Ohio

The Legal Status of Knives in Ohio

The general provisions of Ohio’s knife laws are codified primarily in Ohio Revised Code (ORC) § 2923.12 and § 2923.121.
ORC § 2923.12 prohibits most knives with a blade longer than 2.5 inches from being concealed on one’s person or occupied motor vehicle.
ORC § 2923.12(B)(3) provides: "(3) On the person of the individual under arrest; (a) if the individual was carrying the knife concealed on the person’s person, or (b) if the knife is a dangerous ordnance, as defined in division (I) of section 2923.11 of the Revised Code , whether or not the knife was concealed; or"
ORC § 2923.121 provides that inside one’s residence (and only after one is already inside the residence), one may carry any knife open (which is defined as the blade in the ready position to be used against a human being).
"No person shall knowingly fail to notify law enforcement from whose department the person seeks a license to carry a concealed handgun, at the time the person makes the request for a license, that the person is not prohibited by state law from receiving such a license because the person has been issued a certificate under section 2923.121 of the Revised Code to carry a concealed knife."

Knife Types and Their Legal Status

While the focus of this blog article is certainly on the laws pertaining to knives in Ohio, not all knives are handled the same way under law. There are a number of different types of knives, all with different criminal liability in Ohio.
Pocket knives, for example, which most people are familiar with, have a long history in our great state. If you were to imagine Mr. Gibbons, aka The Gipper, with a pocket knife, you would be pretty close to right about the type of knife that is legal in Ohio. Generally, pocket knives present no illegal issues in Ohio.
Now, let’s move on to butterfly knives. For example, switchblades fall under this category of weapon. They are defined in the Ohio Revised Code as blades that "open automatically or by a flick or push of the handle, . . . ." Switchblade knives are illegal to carry in Ohio. This includes any knife that is self-opening and closes by itself. Auto-opening knives are also illegal to carry. So, in summary, a switchblade knife is illegal to carry whether it has a hilt or not in Ohio.
Another type of knife that is illegal to carry is a style of blade known as a stiletto. According to the Ohio Revised Code, these knives are illegal if they are over 2.5 inches in length, and they also do not have a hilt. While I cannot find any case law addressing the issue, a knife that had a hilt over 2.5 inches was found to be legal to carry in Ohio.
A hunting knife is generally legal to carry in Ohio, although there has been some case law on this issue. In an 1883 case, the Ohio Supreme Court held it was lawful to carry a hunting knife. While this case was factually a little different than the situation we are addressing right now, the case does stand for the proposition that hunting knives cannot be completely illegal to carry in Ohio.
As noted above, all laws on knife carry in Ohio are legislatively made. The Ohio Revised Code only prohibits a person from carrying a concealed or hidden weapon on his or her person or ready at hand in a vehicle. The statute is not applied to some swords due to how they are concealed to the surface view. These swords are not concealed and not ready at hand, although they are kept without the line of sight.
So, if you enjoy a sword, be mindful of how you are carrying it so you do not violate the Ohio Revised Code prohibiting the carry of concealed weapons.

Legal Exceptions to the General Rule

In general, it would not be legal to carry the knives listed below in public places throughout Ohio.
However, there are several notable exceptions as outlined by Ohio law. Guardians of the peace (police officers, firefighters, hospital security, etc.) may go anywhere within their respective counties without a warrant and without impediment. Therefore, citizens who can legally possess weapons may also go anywhere if so authorized by a judge or granted a proper license. The valid exception to prohibited items being carried is when those items are for legitimate activities, such as having an unsharpened sword cane. Knives may also be carried if the user has a team of oxen, horses, or draft horses. This applies to selling goods and services at local fairs and markets – which includes butcher shops. Bow and arrows (as well as guns, rifles, etc.) can be carried when in transition. This means in your trunk, in your car, or in a case. Licensed gunsmiths and professional senders do not require any sort of special permit, as long as they have permission of the owner of the premises. If you are in a commercially harvested place and have authorization from the person in charge of that place, you may have tools to cut hard materials, including knives. Other than these exceptions, it is important to know that knives cannot be carried in any of the following locations in Ohio:
And, finally, it is expressly illegal to use a knife on a police dog with violent intent. This is classified as a fourth-degree felony in Ohio.

Knives as Concealed and Open Carried

Carrying concealed weapons is a hot topic in Ohio right now with upcoming proposed legislation to loosen certain restrictions. However, one aspect of concealed carry and self defense weapons/post-shooting legal advice that many CCL holders overlook or are simply unaware of is knife carry laws. The purpose of this post is to briefly cover limitations on knife carry and some of the nuances that exist surrounding concealed knives.
The Ohio Revised Code (ORC § 2923.1210), defines a "knife" as "any instrument for serious harm." The statute goes on to prohibit the use of automatic knives and other dangerous instruments in places such as daycares, courthouses, police stations, sheriff’s offices, airport terminals, school safety zones, public areas in the Ohio Statehouse, etc.
Knife carry policies can be tricky because there is seemingly no Ohio law that prohibits the possession of an automatic knife in public places. Automatic knives can be legal as long as the owner is not ineligible to possess a weapon (due to a felony conviction or other disqualifying event). There may also be local ordinances that ban certain types of knives, but those tend to be more relaxed than most state regulations.
Ohio law also does not specifically address the issue of carrying a knife either openly or concealed. There appears to be only one specific case where carrying a knife was classified as a "firearm" for purposes of carrying concealed. That ruling has been criticized by legal scholars because the definition of "firearm" is enshrined in the statute itself and does not include knives.
Many Ohio courts have ruled that carrying a concealed knife is generally lawful unless (1) it can be proven the instrument is used for serious harm, and (2) there is evidence of criminal intent. This means that the alleged knife offender must not only possess the knife, but also have possessed it for the purpose of being involved in a fight or illegal act. Furthermore, most Ohio courts usually follow a constitutional analysis of any concealment law due to the vagueness of the stated law. Ohio courts surmise that the underlying constitutional right to bear arms needs to be accounted for before they convict someone of illegally concealing a knife.
In practice, a knife-in-the-pocket case is difficult to prosecute in Ohio due to the vagueness and ambiguity of the knife definitions. As a general rule of thumb, if you use a knife for self-defense, carry it openly because you don’t want to give the other side an ammunition cache to go after you in civil or criminal proceedings. They may try to portray you as someone who "carries a knife" to work, which could bias the jury. However, if you conceal the knife, make sure you have a good reason for doing so.

Knife Carry Laws for Those Under 18

Knife Carry Laws for Minors in Ohio
When it comes to minors in Ohio there are typically two types of laws that might apply to their carry of a knife: the general laws that can be applied to a minor found in possession of a knife, and further limitations based on the minor’s age. Ohio’s general laws prohibiting the carrying of certain knives applies to minors just as it does to adults. Ohio Revised Code 2923.12 makes it unlawful to knowingly carry concealed or improperly carry a concealed weapon other than a handgun or dangerous ordnance. While it may be difficult to target a specific blade, folding knives are legal to carry at the present time under Ohio law and therefore would not fall under this law applicable to concealed carry. However knowing the intent of the law certainly will be a consideration in determining whether a minor is charged or not. Seeing the knife out of the case, in plain view, or even knowing that it was carried for utility instead of self-defense may be enough for law enforcement to charge concealment of the knife as a criminal offense. The penalty for this charge is generally going to be a fourth degree misdemeanor, unless the person has three prior convictions in which case the offense is elevated to a third degree felony. If the knife carried is a dangerous weapon, then the penalty elevates to a felony of the third degree if the person has no prior convictions, second degree felony if they have one prior conviction, and a first degree felony if the person has two or more prior convictions for carrying a dangerous weapon.
Another general law that may be applied here is Ohio Revised Code 2923.20. This law prohibits possession of explosives, incendiary devices , or chemical weapons; knives larger than six inches; any bowie knife, dirk, dagger, double-edged non-folding knife, stiletto knife, switchblade knife, ballistic knife, sword cane, or a scissor blade exceeding four inches in length. The scissor was added to this list in 2015, as it is a common tool carried around for utility purposes but can be considered deadly or dangerous. For a knife carried openly, the penalty ranges from a minor misdemeanor, up to a third degree felony if the person has been convicted of two or more prior weapons offenses. A minor misdemeanor carries a maximum fine of $150, while a third degree felony carries a danger of probation or incarceration in up to five years in prison. Again, it is very important that these weapons not be carried concealed if they are considered per se illegal. Note that the "large" knife cannot be carried at all without a concealed carry permit, regardless of age, or the minor could be charged under this law.
So, while Ohio’s knife laws do not specifically target minors, knowing how the laws might be applied to a minor might deter a law enforcement officer from charging them criminally. Having a minor with no prior knife or weapons convictions in possession of a banned knife might result in a warning. A minor with no prior criminal convictions who is not committing any other crime might be told to put the knife away and let go.
Further, Ohio law does require parental consent to sell or furnish a knife to someone who is under 18. State law does not, however, specifically provide a minimum age to sell such items, meaning that it may be possible, although uncommon, for a 17 year old to construct a knife and sell it to someone who is 12 or 13.

The Criminal Penalties for Knife Carry Infractions

Apart from Section 2904.11, there may also be additional consequences resulting from possessing or carrying a deadly weapon such as a knife. Certain circumstances, such as committing other crimes while in possession of an illegal knife, will automatically shift the knife to a more serious category. For example, if an individual has a concealed knife on their person and chooses to rob a bank, that individual may be charged with robbery, plus an additional penalty for possessing a deadly weapon while committing a crime of violence.
The legal penalties which can be triggered when a knife is possessed may include:
Carrying a concealed weapon (Ohio Rev. Code § 2923.12)
Illegal conveyance of prohibited items onto school grounds, into a government facility, or in any other protected area
Threat of force (Ohio Rev. Code § 2903.11)
If an individual threatens another person, there is a possibility that the act of threatening someone with a knife may be charged as a menacing act. If a weapon was used, an additional penalty may be issued.
Robbery or aggravated robbery
Carrying concealed weapons onto a college campus
Threatening another person with an object that resembles a deadly weapon
In all instances, the penalties will be increased when the individual in possession of the knife is in possession of drugs or drug paraphernalia.

Tips for Carrying Knives in Accordance with Ohio Law

When you do carry a knife, keep it in a closed and sheathed or holstered position. These types of knives are not classified as a deadly weapon under Ohio law. Open carry of a knife is technically legal under Ohio law. But frankly, you may present a good target for a 911 call because of open carry.
Know the knife laws before you travel out of state. States have their own knife laws and they can change overnight. For example, Wisconsin was considering drastically lowering the weight of switchblade carry. Are you comfortable that this rule is not something the police officer gets to arbitrarily enforce?
Stay out of places where knives are banned or restricted . Gun-free zones are becoming more commonplace. And where guns are prohibited, knives are often restricted too. For example, you cannot carry a knife in a courthouse.
Don’t get mixed up with drugs. Ohio arrests are up significantly since 2010. Many arrests involve people who are impaired by alcohol or other drugs. You cannot carry a knife while you are impaired. The definition of impairment has not changed over the years.
Be nice to police – you need not say anything about having a knife. But if you do say something, be courteous. Additionally, "open carry" is not an exception to law enforcement officer immunity and immunity for personal jurisdiction defenses under 42 USC § 1983.