Individuals often look for ways to protect themselves, which may involve carrying items such as pepper spray, personal alarms, or even knives. Some people also use knives as collectible items or practical tools. However, due to the potential harm a knife injury can cause, Ohio has strict regulations on how knives are possessed and used. These laws aim to balance the right to carry and possess various types of knives with the justice system’s responsibility to safeguard the public from potential threats. If you are facing charges related to knife possession or use, consulting with a Dayton criminal defense attorney is crucial to understanding your rights and options within the legal system.
Ohio Revised Code Knife Laws
First things first: The revised Ohio knife law effective April of 2021 provides a significant adjustment to knife laws in Ohio. The law now states that the prohibition against carrying concealed weapons does not include knives that are not used as a weapon. “Knives” include:
- Razors;
- Automatically opening pocket knives;
- Folding knives; and
- Any knife-type cutting instrument.
Senate Bill 140 also repealed a statewide ban on the manufacture and sale of automatically opening pocket or folding knives.
Knife as a Weapon Designation
In general, when the law addresses an offense involving a “deadly weapon” or “weapon” it does not include any knife in that category.
However, here is the exception, and it is a crucial one to know: If an offender uses any knife or cutting instrument as a weapon, law enforcement can then categorize the item as a deadly or concealed weapon. Here is an example.
A person is smoking marijuana in a public park, in violation of the law. The police stop the person because of the smoking and pat them down without any struggle. They find a switchblade in their pocket.
The switchblade possession will not lead to a charge of possession of a concealed or deadly weapon.
On the other hand, if law enforcement apprehended the same individual after they attempted to rob a person and used the knife to threaten the victim, things would change.
At that point, as the offender used the knife as a weapon in the robbery, they can be charged with carrying a concealed weapon.
So, Ohio knife carry laws provide citizens with the freedom to carry a knife. However, if a citizen uses that item as a weapon, its possession and use can become illegal. There remain, of course, various prohibitions regarding having knives on school grounds and other locations.
Understanding Ohio's knife laws can be complex. If you're facing charges, it's crucial to have an experienced Dayton criminal defense attorney on your side. Protect your rights and get the legal support you need.
Attorneys Who Know Ohio Knife Laws
If a person is facing Ohio knife carry law violations or other knife-related offenses, they should look for a criminal defense attorney.
Knife law violations are criminal offenses, and penalties could include incarceration and fines and lead to the loss of employment. An established law firm with a history of clients who recommend it can put an offender in the best position to fight charges.
The time to seek legal advice is when one fears they may be facing charges or as soon as possible after law enforcement charges them. However, even if a court date is around the corner, experienced attorneys can step in and take over.
Gounaris Abboud, LPA
Gounaris Abboud, LPA has more than 50 years of collective experience in criminal defense and other areas of law. We handle every level of the case, from the most challenging legal cases in Ohio to everyday smaller matters. To our attorneys, every case is important. Please call us at 937-222-1515 or reach us online to schedule your free consultation today.
