Navigating Delaware’s knife laws can be complex due to specific definitions, restrictions on certain knife types, and the distinction between open and concealed carry. This guide provides a comprehensive overview of what is legal, what is not, and how to stay compliant.
Definition of “Deadly Weapon” and Ordinary Pocketknife
- Delaware law classifies any knife-except an “ordinary pocketknife” carried closed-as a “deadly weapon”.
- An “ordinary pocketknife” is defined as a folding knife with a blade not exceeding three inches in length.
- The Delaware Supreme Court has clarified that the blade length includes the entire sharpened and unsharpened part, excluding only the handle.
Legal Ownership and Types of Knives
- You may legally own most knives, including folding knives, fixed-blade knives (such as Bowie knives), dirks, daggers, and butterfly knives.
- However, certain knives are prohibited to possess, sell, or transfer:
- Switchblades and automatic knives (blade released by a spring mechanism)
- Gravity knives (blade released by gravity)
- Knuckle knives (knives combined with brass knuckles)
- Undetectable knives (cannot be detected by metal detectors)
- Throwing stars
Carrying Knives: Open vs. Concealed
- Open Carry: Most legal knives can be openly carried, provided you are not otherwise prohibited (e.g., due to a criminal record).
- Concealed Carry:
- Only ordinary pocketknives (folding, blade ≤ 3 inches) can be carried concealed without a permit.
- Carrying any other knife concealed is a felony unless you have a concealed deadly weapon license.
- Concealed carry of a pocketknife with a blade longer than three inches is a Class G felony, punishable by a fine and up to two years in prison.
- Having a concealed deadly weapon license does not override the prohibitions on switchblades, gravity knives, or knuckle knives.
Location-Based Restrictions
- Knives (including legal pocketknives) are prohibited in certain areas:
- Schools and within 1,000 feet of school property (Safe School and Recreation Zones)
- Colleges and universities
- Government buildings, state parks, public transport, airports, post offices, and banks.
- Violations in these zones can result in higher penalties, including longer prison terms and higher fines.
Local Laws and Preemption
- Delaware does not have statewide preemption for knife laws, meaning local municipalities may enact stricter regulations.
- Always check local ordinances when traveling within the state.
Special Considerations
- Minors: It is illegal to sell or transfer deadly weapons, including knives, to minors under 18 without parental consent.
- Law Enforcement and Military: Officers and military personnel are generally exempt from most restrictions when acting in their official capacity.
Recent Legislative Updates
- As of June 2024, Delaware lawmakers have moved to remove prohibitions on certain folding knives that can be opened with one hand, such as automatic knives, recognizing their legitimate use as tools. However, these knives remain subject to deadly weapon laws if used in a crime or assault.
- The law’s effect begins upon the bill’s signing, so check for the most current status if you intend to own or carry these knives.
Penalties for Violations
- Unlawful concealed carry of a deadly weapon (other than an ordinary pocketknife) is a felony, with penalties ranging from fines to several years in prison.
- Possession of prohibited knives (e.g., switchblades) is typically a misdemeanor, but penalties increase in restricted zones.
Delaware Knife Law Basics
| Knife Type | Legal to Own | Open Carry | Concealed Carry (No Permit) | Concealed Carry (With Permit) |
|---|---|---|---|---|
| Ordinary pocketknife (≤3″) | Yes | Yes | Yes | Yes |
| Folding knife (>3″) | Yes | Yes | No | Yes |
| Fixed-blade knife | Yes | Yes | No | Yes |
| Switchblade/automatic | No* | No* | No* | No* |
| Gravity knife | No | No | No | No |
| Knuckle knife | No | No | No | No |
| Throwing stars | No | No | No | No |
*Subject to change with recent legislative updates-check current law.
Delaware’s knife laws are nuanced and strictly enforced, especially regarding concealed carry and restricted knife types. Always ensure your knife complies with both state and local laws, pay attention to blade length, and avoid prohibited areas. When in doubt, consult the latest legal updates or seek professional legal advice to protect your rights and avoid serious penalties.
Sources:
- https://www.akti.org/state-knife-laws/delaware/
- https://edc.ninja/delaware-knife-laws/
- https://nobliecustomknives.com/us-knife-laws/delaware-knife-laws/
- https://legis.delaware.gov/BillDetail/141537
- https://www.tektoknives.com/blogs/news/delaware-knife-laws-updated-2022
