Delaware’s knife laws are nuanced and have evolved in recent years, particularly regarding what types of knives are legal to own, carry, and conceal. For anyone living in or visiting Delaware, understanding these distinctions is essential to avoid inadvertently violating the law.
Definition of an “Ordinary Pocketknife”
Under Delaware law, an “ordinary pocketknife” is defined as a folding knife with a blade not exceeding three inches in length, carried in a closed position. This definition is central to determining what is legal for everyday carry, especially when it comes to concealed carry.
Ownership and Possession
- Legal to Own: Most folding knives, fixed-blade knives (such as Bowie knives), dirks, daggers, and butterfly (balisong) knives are legal to own in Delaware.
- Illegal to Own: Switchblades (automatic knives), gravity knives, undetectable knives, martial stars (throwing stars), and knuckle knives are prohibited. However, recent legislative efforts (Senate Bill 323) have aimed to remove prohibitions on certain types of folding knives that can be opened with one hand, reflecting changing attitudes towards automatic knives for lawful purposes like work or recreation.
Open Carry vs. Concealed Carry
| Type of Knife | Open Carry | Concealed Carry (Without Permit) |
|---|---|---|
| Ordinary pocketknife (≤3″ blade) | Legal | Legal |
| Folding knife (>3″ blade) | Legal | Illegal |
| Fixed-blade knife | Legal | Illegal |
| Switchblade, gravity, knuckle | Illegal | Illegal |
- Open Carry: Delaware generally allows open carry of most legal knives, provided the individual is not otherwise prohibited (e.g., due to a felony conviction). The key restriction is that the knife must not fall into a prohibited category (see above).
- Concealed Carry: Only an ordinary pocketknife (folding, ≤3″ blade) may be carried concealed without a permit. Carrying any other knife concealed is considered carrying a deadly weapon and is illegal unless the person has a valid concealed deadly weapon (CDW) license.
Concealed Deadly Weapon (CDW) License
A CDW license allows for the concealed carry of knives otherwise considered deadly weapons, such as folding knives with blades longer than three inches or fixed-blade knives. However, even with a license, carrying certain prohibited knives (like switchblades or gravity knives) remains illegal unless the law is amended as proposed in recent legislation.
Location-Based Restrictions
- Safe School and Recreation Zones: Delaware law prohibits possession of knives (other than an ordinary pocketknife) within 1,000 feet of school property, with enhanced penalties for violations in these zones.
- Other Restricted Locations: Additional restrictions may apply in courthouses, government buildings, or private property at the owner’s discretion.
Local Variations
Delaware does not have statewide preemption for knife laws, meaning local municipalities may enact stricter regulations. It is important to check local ordinances, especially in cities or towns with their own rules.
Penalties for Violations
- Carrying a concealed deadly weapon without a permit: This can be charged as a felony, with potential imprisonment and fines.
- Possession of prohibited knives: Classified as misdemeanors or felonies depending on the type of knife and circumstances, with enhanced penalties in school zones.
Recent Developments
Senate Bill 323, introduced in 2024, seeks to remove prohibitions on certain one-handed opening folding knives, reflecting a shift toward recognizing their legitimate use by tradespeople and outdoor enthusiasts. As of the current date, the bill’s status should be checked for updates, as it could significantly alter which knives are legal to own and carry.
- Only folding pocketknives with blades up to three inches may be carried concealed without a permit.
- Open carry of most legal knives is permitted, except for prohibited types (e.g., switchblades, gravity knives).
- Prohibited knives include switchblades, gravity knives, undetectable knives, and knuckle knives.
- A concealed deadly weapon permit allows carrying larger knives, but not prohibited types unless the law changes.
- Enhanced penalties apply for violations in school zones.
- Local laws may be stricter than state law.
Staying informed about both state and local knife laws-and monitoring legislative changes-is crucial for legal compliance in Delaware.
Sources:
- https://www.akti.org/state-knife-laws/delaware/
- https://www.tektoknives.com/blogs/news/delaware-knife-laws-updated-2022
- https://edc.ninja/delaware-knife-laws/
- https://legis.delaware.gov/BillDetail/141537
- https://www.reddit.com/r/CCW/comments/184stn5/concealed_knife_for_ccdw_owners_in_delaware/
