What is a Switchblade?
Generally, a switchblade knife is a knife that springs open when you press a button or a lever. A switchblade, in a legal sense, is defined as a knife that has a folding blade that opens automatically by pressure applied to a switch, button or other device in the handle of the knife, including a gravity knife. In practice, switchblades are also often called automatic knives. (Some people even refer to any knife that is "self-opening" as a switchblade) .
The key distinguishing feature of a switchblade knife is the fact that it opens automatically by merely applying pressure to a button, lever or other device in the handle of the knife. For most purposes, it does not matter whether the knife is activated using an automatic spring mechanism or a manual spring mechanism. However, for purposes of Maine’s laws, it appears that the distinction occasionally does matter.
Current Status of Switchblades in Maine
The possession and use of switchblade knives are explicitly regulated in Maine under Title 17-A, § 1053 of the Maine Revised Statutes. Switchblades are classified as "automatic knives" in Maine, a term used to describe knives with a blade that automatically releases from the handle when a button is pressed. These knives are legal in most of the state with the exception of areas of cities where there are local ordinances that limit or prohibit their use. In addition, there are restrictions on what type of automatic knife may be carried and where it may be carried.
The law allows for switchblade knives if the blade is three inches or less in length and is not either a ballistic knife or a double-edged knife. A double-edged knife is one with two sharpened edges, while an ordinary knife usually has only one. In regards to the carriage of automatic knives, they may not be carried on school grounds or on Municipal, County or State owned land or property, for example, parking lots, parks or recreational facilities. This is a modification from prior law, which forbade the carrying of automatic knives completely in public places.
Any person who violates the automatic knife law will have committed a Class D crime that is subject to civil enforcement. That means 90 days in jail maximum and/or a $1,000.00 fine. This is very different from other states with more lax knife laws, such as Florida, where there is no prohibition against carrying an automatic knife in general.
The Carriage of Automatic Knives Law (17-A § 1053) provides:
1. Definition. As used in this section, "automatic knife" means any knife, commonly known as a switchblade knife, which has a blade that folds, closes or retracts into the handle of the knife by means of:
A. A button, spring mechanism or other device in the handle of the knife; or
B. A mechanical contrivance;
2. Exceptions. Subsection 1 does not apply to:
A. Automatic knives which are:
- (1) Designed solely for the purpose of providing assistance to handicapped persons;
- (2) Painters’ tools, including, but not limited to, putty knives and scrapers;
- (3) Tools used directly in the furtherance of employment by tradesmen who require such tools; or
- (4) Automatic knives used in the furtherance of an act permitted pursuant to Title 12, chapter 721;
B. Any officer, member, employee or agent of this State or of any political subdivision of this State, including, but not limited to, all law enforcement personnel, who carries, possesses or transfers an automatic knife:
(1) On official business; or
(2) When off duty, for purposes of personal protection;
C. An automatic knife carried in compliance with subsection 5;
D. Any person who is 18 years of age or older and who purchases an automatic knife for a lawful purpose that includes, but is not limited to, a personal, professional or recreational purpose related to the use of knives generally; and
E. Any minor who purchases an automatic knife in compliance with subsection 6.
- Offenses. An individual commits a class D crime if that individual carries, possesses or transfers an automatic knife.
- Penalty. Notwithstanding Title 17, chapter 95, a person who commits a violation of this section is subject to civil enforcement by a designated law enforcement officer. A civil violation under this subsection is a class D crime punishable by a fine of not less than $100 nor more than $500.
- Carrying and possessing automatic knives. Nothing in this section prohibits an individual who is 18 years of age or older from carrying or possessing an automatic knife. An individual who is under 18 years of age may carry or possess an automatic knife on the premises of that individual’s school or in furtherance of his education, vocation or training in the trade of farming, mechanical arts or household science.
- Minor sales. Nothing in this section prohibits a minor from purchasing an automatic knife.
Criminal Penalties for Possession
In Maine, the unlawful possession of a switchblade knife, penknife, stiletto knife, or other automatic knife is a Class D misdemeanor. If you are under 18 or if you purchased the switchblade knife before October 7, 1983, then you will not be penalized for the offense of illegal possession of a switchblade knife. However, if you are discovered to possess, sell, offer for sale, or carry a switchblade knife on your person, in your briefcase, backpack, purse, or otherwise, then you can be found guilty of a class D crime.
A Class D crime in Maine is punishable by a maximum of up to 364 days imprisonment and/or a fine of up to $2,000.00. While a Class D crime is not a felony and will not result in a permanent criminal record, it can have immeasurable consequences. An arrest and conviction for a Class D crime may substantially affect your ability to find a job, employment opportunities, where you can live, where you can go to school, and whether you are eligible for college loan or financial aid, among other things.
Defense against these types of charges can be complex and must be done carefully. Many people are charged with illegal possession of a switchblade knife when they had no intention of carrying it on their person. This often indicates that the knife was contained within a briefcase or a backpack, overlooked inadvertently by law enforcement. In these cases, it is necessary to retain an attorney who can negotiate with the prosecutor to have the charges dropped.
The unlawful carrying of deadly weapons can draw serious penalties in Maine, and you need to protect your rights.
Permissible Exceptions and Uses
The question, "are switchblades illegal in Maine?" has a couple of exceptions that we will discuss here. These are the only 2 ways where a person can legally carry a switchblade or a "Button Knife" under Maine law.
1. Any State or Federal employee whose official duties necessitate him/her to carry a knife or sword.
Explanation: This discussion would primarily apply to a federal law enforcement officer, military personnel , or other state and federal workers who may need to carry a knife or knife-like cutting tool for their job. These individuals are permitted to carry a switchblade outside of their home or place of business.
2. A person who owns a knife or sword where the blade snaps into position at the touch of a button or by the force of a spring.
Explanation: The only people permitted to own and legally possess a switchblade knife, knife-like weapon or sword are those who own or possess the weapon in their home or place of business. Further, the weapon must not be pointed or exhibited in a threatening manner, even at home or at your business.
Difference Between State and Federal Knife Laws
When comparing knife laws in Maine to federal laws, we find notable similarities. In the 1980s, President Ronald Reagan signed into law the Federal Switchblade Act. A switchblade is defined in 15 U.S.C. 1241 as "any knife having a blade which opens automatically by hand pressure applied to a button, spring or similar object." The purpose of this law was to keep switchblades off airports, aircraft, and mail and other shipping. Under 15 U.S.C. 1242, it is generally illegal to ship a switchblade across interstate commerce, with a few exceptions. It does not, however, identify what states allow for the possession of switchblades. It is up to each state to regulate their laws independently, and they are free to override the federal law, though not under any obligation to do so. In 18 U.S.C. 1951, Congress has plainly stated that state laws regarding the criminality of possession of knives, including switchblades, will not interfere with its objectives. This, however, only protects those who possess knives — it does not guarantee any individual in that state the right to carry or sell knives. In Maine, where switchblades are legal for all purposes, even in public, federal law has no power. In Maine, knife rights are just that: absolute rights.
Future Trends and Legislation
Given this law’s potential for obsolescence if only certain automatics were to come into play, legislators could look to repeal the switchblade law in favor of simply regulating automatics to the same extent as any other knife – as is done at federal level. The state has some existing laws that could be considered as templates for more recent legislation. Knife Rights’ Knife Rights’ Knife Law Preemption (KRKLP) , which gives knife owners with carry permits in Connecticut, Georgia, Minnesota, Texas, and Utah, basically the same rights as CCW permit holders in all 50 states, could arguably be used as a mechanism to fundamentally change Maine’s laws. Overall, Maine knife laws have remained static for a considerable amount of time.