Washington Knife Laws

waWashington knife laws are vague and difficult to piece together. This article puts all of the laws together in an easy to understand way, so that anyone can figure out what is legal and what is not when it comes to owning and carrying knives in the state of Washington.

What is Legal to Own

  • It is legal to own a dirk, dagger, or other stabbing knife
  • It is legal to own bowie knife
  • It is legal to own a stiletto
  • It is legal to own a disguised knife, such as a lipstick or belt buckle
  • It is legal to own throwing stars

What is Illegal to Own

It is illegal to own a switchblade or other spring blade knife in the state of Washington.

Restrictions on Carry

  • It is illegal to conceal carry a dirk
  • It is illegal to conceal carry a dagger
  • It is illegal to conceal carry any dangerous weapon
  • It is illegal to open or conceal carry any weapon into a Courtroom

It is also illegal to carry or display a dagger, sword, knife, or other cutting or stabbing instrument in a manner or under circumstances that would cause alarm or show an intent to intimidate another. In 1994, in State v. Spencer, the Supreme Court of Washington held that there must be a sufficient basis for the alarm, such that a reasonable person would be alarmed. Also in 1994, the Court held, in State v. Byrd, that because the display of a weapon in a manner that caused reasonable fear or alarm could be done without intent, a violation of the statute did not require intent. This means that one does not have to intend to cause alarm or fear in order to be guilty of a crime under the statute.

What the Law States

§ 9.41.250. Dangerous weapons — Penalty

(1) Every person who…

(a) Manufactures, sells, or disposes of or possesses any instrument or weapon of the kind usually known as slung shot, sand club, or metal knuckles, or spring blade knife

(b) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon

Definitions of Various Types of Knives

A spring blade knife is defined by Washington statute as a knife with a blade that is automatically released by a spring or other mechanical devise or with a blade that opens, falls, or is ejected by the force of gravity, or by an outward, downward, or centrifugal movement (spinning the knife). No other knife is defined by the statutes or by the case law. When the legislature fails to define a term, the Court will generally use the plain English meaning of the word, which is the meaning giving by Webster’s dictionary.

Definition of Dangerous Weapon

Washington statutes fail to define dangerous weapons, but in 2002, in an unpublished opinion, the Court, in State v. Bonebright, citing two other cases, stated that Courts have generally defined a dangerous weapon as an object capable of inflicting great bodily harm. It also said that Division One of the Court had noted that the term “dangerous weapon” is similar to the term deadly weapon, which is defined in RCW 9.94A.125 as an instrument that has the capacity to inflict death.

Meaning of Furtively in Statute

In 1995, in State v. Myles, the Supreme Court of Washington discussed the use of the word “furtively” in the conceal carry statute. Ms. Myles, a 16 year old, had been discovered swearing at a group of people, with a paring knife in her pocket. The juvenile Court found that the knife was a dangerous weapon and convicted Ms. Myles of possession of a dangerous weapon. Ms. Myles appealed the conviction to the Court of Appeals, who reversed the conviction. The state then appealed to the Supreme Court of Washington. Ms. Myles argued that the statute required a furtive act in order to convict a person of possession of a dangerous weapon. The Supreme Court looked to the dictionary for a definition of furtively, which means secretly. It held that the word applied to the conduct of carrying a concealed weapon, which, when concealed was necessarily ‘secret’ and not to the intent. Therefore, it upheld the conviction.

Exceptions to Conceal Carry or Display

Conceal carry and display laws do not apply to those who are in their own homes, at their fixed place of business, or defending themselves against a presently threatened use of unlawful force. In 1983, the Washington Court of Appeals, in State v. Haley, found that a deck attached to the house and accessible from several rooms of the home, was a part of the home, and exempt from the display statute. In 2003, however, the same Court, in State v. Smith, ruled that a person’s backyard was not ‘in their home’ and therefore, a person was not exempt from the carry or display statute while in their backyard.

Conclusion on Washington Knife Law

It is illegal to own a switchblade or other spring blade knife in the state of Washington.

It is illegal to conceal carry a dirk, dagger, or other dangerous weapon. It is legal to open carry any type of weapon, so long as it is not carried in a way that may cause others alarm.

Sources

  • Rev. Code Wash. (ARCW) § 9.41.250 (2013)
  • Rev. Code Wash. (ARCW) § 9.41.270 (2013)
  • State v. Spencer, 876 P.2d 939 (1994)
  • State v. Byrd, 774, 868 P.2d 158 (1994)
  • State v. Smith, 93 P.3d 877 (2003 Wash. App.)
  • State v. Haley, 665 P.2d 1375 (1983 Wash. App.)
  • State v. Bonebright, 2002 Wash. App. LEXIS 1487
  • State v. Myles, 903 P.2d 979 (1995)

Comments

  1. So..what is the True conclusion to Washington State?

    1.) All conceal carry is illegal. (and)
    2.) Open carry is “possibly” legal, so long an no one is offended by it?

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