Knife Possession in Kansas: What You Should Know

Kansas Knife Laws in Brief

Kansas law, found in Kansas Statutes Annotated (K.S.A.), Chapter 21 (Crimes and Punishment), Article 4a (Weapons), regulates criminal use of weapons, including knives. The most common knife-related crime is possession of a knife by a convicted felon (formerly K.S.A. § 21-4204). Individuals convicted of a severe violent felony in Kansas may not possess any folding knife over 4 inches long. Violations of this prohibition were formerly considered a non-person felony, but as of July 1, 2011, it was downgraded to a misdemeanor (Chapter 136, Senate Bill No. 218).
The ban on possession of knives by convicted felons in Kansas was imposed in 2008 with passage of House Bill 2639. The law, as enacted, prohibited possession of "all knives" by convicted felons. In 2009, the word "bowie" was substituted for "all" in an amendment passed as part of House Bill 2091 (Chapter 203). The new slate of knife legislation under the Heller v. District of Columbia umbrella in Kansas was largely driven by the fact that the city of Topeka had a ban on possession of certain knives, while the city of Lawrence had a ban on possession of all knives, implemented under ordinances 11.21.010 and 10-109. Those laws were ultimately overturned by passage of House Bill 2083 in 2010 (Chapter 225), following a Supreme Court case, State v. Jacobs, 273 Kan. 181, 40 P. 3d 1271 (Kan. 2002), which found that knives were used for purposes that were not illegal, and that any ban was tantamount to a complete ban on knives .
Chapter 203 further amended K.S.A. § 21-4204 to permit possession of a folding knife defined as a "common pocket knife, a case or folding knife with a blade less than four inches in length, or a folding knife manufactured-and-sold or assembled-before July 1, 2006." The law as amended bans all other types of knives in the possession of convicted felons. Like most states with criminal laws limiting the possession of knives, Kansas has explicit exceptions for knives carried openly.
Of course, Old West-style knife fighting knives, often called bowies, and other classic fighting knives are the knives most commonly associated with weapons laws in general. Kansas Statutes Annotated, Chapter 21, Article 4304 also formerly prohibited possession of "any bowie knife, dirk, swagger-stick, tamahawk or war-club." However, the ban on any of those knives was repealed as part of the same 2010 bill. This bill also repealed a similar prohibition on possession of knives greater than 4 inches in length (as described earlier) or a "dirk knife" as part of Chapter 136, Senate Bill No. 218. With the repeal of these provisions based on the knife’s length or intended purpose (fighting versus utilitarian practical purposes), Kansas knife law now reads much like the similar statutes enacted across the U.S. after the U.S. Supreme Court’s decision in District of Columbia v. Heller, striking down an absolute ban on handguns in Washington, D.C., in 2008.

Types of Knives and Restrictions

The laws in question don’t technically define the kinds of weapons that they prohibit, but rather lay out general restrictions that apply to an array of potentially dangerous tools. While most knives don’t fall into a legal "no-no" category, the following sections summarize what the state of Kansas considers illegal knife activity: As may be gathered from the item descriptions above, Kansas law enforcers maintain a fairly open approach to knife issues. Knives classified as "switchblade," "dirk," "kuvasz," or "metal knuckles" are among the few explicitly forbidden items. Apart from these few exceptions, the most potentially treacherous type of cutting tool under Kansas law is the so-called "gravity knife." This weapon is specifically defined as any knife that "has a blade which drops or is expelled from the handle" and is then locks into position with a "bias weight." Certain "bowie knives" and other types of large knives are also likely considered "disguised weapons" in the eyes of state officials. However, one shouldn’t take for granted the legality of any particular kind of knife. While fewer legislative codes impact knife use in Kansas than in many other states, the few that do are rather extensive. From assisted openers and folding knives to automatically-opening tools and hand-op knives, there are many nuances to understand when it comes to knife activity within the state of Kansas.

The Rules for Carrying and Possessing Knifes

Kansas law does not prohibit the open carrying of knives. Despite this apparent state-wide preemption on knife carry, there are some locations where a knife cannot be legally carried. One such location is Kansas public schools, which are prohibited areas. K.S.A. 72-89a09 provides: (a) No person shall carry a weapon on school property or in any school bus, or on any school grounds. (b) The provisions of this section shall not apply to: (1) United States marshals and persons designated as such pursuant to K.S.A. 75-7046 and amendments thereto while assigned to protect and serve a designated school; (2) an employee of a school demonstrating a substantial need to carry a knife at the school while on school property or in the school bus for the purpose of performing the employee’s job-related duties; (3) persons under 18 years of age who carry knives for the purposes of participation in a school-sponsored and supervised program or activity; (4) a postsecondary educational institution or any person at a postsecondary educational institution who is defined as a security officer under K.S.A. 74-73,137 and amendments thereto while acting within the scope of the officer’s duties as a security officer; (5) a law enforcement officer acting within the scope of the officer’s duties; (6) a restaurant patron possessing a knife as part of a knife set contained in one case for service of food and drink at the restaurant, provided that the knife set is stored in an area of the restaurant not accessible to the public except for service of food and drink by wait staff or other restaurant employees who have received training on the safe handling of knives and knife sets; or (7) a person carrying a knife from a motor vehicle directly to a trimetallic dumpster which is provided by the trimetallic landfill to the public for disposal of food containing metal trimmings and placed in a location of the landfill accessible to the public.
Also, K.S.A. 21-4201(d)(2) specifically prohibits: "Knife, commonly known as a switchblade knife, knife having a blade that opens automatically by gravity, by the application of centrifugal force, or by the pressure on a button or other device contained in the handle of the knife."
Regarding knife concealment, despite state law regarding preemption, many circumstances prevent you from concealing your knife. You cannot legally carry a knife concealed upon your person in a sterile area of a commercial airliner (or a sterile area of any other airport facility). Many secure government, military, and corrections facilities prohibit any knives.

Exceptions to the Rules

Certain exceptions are made for law enforcement officers and military personnel. Police, sheriffs, chiefs of police, and deputy sheriffs, as well as National Guardsmen on active duty, are exempted from the restrictions placed on concealed weapons and switches if they are fully marked with the proper identifying seals of their agency. However, they must still comply with the general laws concerning the carrying of concealed weapons.
Moreover, no person shall be in violation of the concealed carry statute for possessing a switchblade knife if such possessory conduct is a consequence of:
• Being licensed by or on duty as a common carrier, an employee of a common carrier, or a post office employee;
• Engaging in or conducting an activity that is part of any legally permissible commercial activity that has a legitimate business purpose;
• Engaging in any activity in furtherance of or pursuant to such legally permissible commercial activity; or
• Engaging in any activity that is related to the normal performance of a person’s official duties related to his or her lawfully owned and registered industrial, manufacturing, repair or fabrication business .
In addition, a person who purchases or possesses a switchblade knife is exempt from arming and electric-shock weapon laws when it is to be used only in the course of their employment.
The term "common carrier" is defined to include any carrier or person (except a contract carrier) engaged in the business of transporting property for hire, and "employee of a common carrier" means anyone engaged in the transportation business as his or her regular business or occupation, or who performs as a servant or agent all or part of a common carrier’s business.

Violating Knife Laws: Penalties and Consequences

Violating knife laws in Kansas can carry some significant penalties, with the potential to create a criminal record that impedes a variety of professional and personal interests for years to come:
Fine and Imprisonment
The application of criminal penalties to knife offenses is not taken lightly. Many criminal statutes in Kansas for knives carry stiff penalties. For example, unlawful carrying of a dangerous weapon is a class A misdemeanor (the maximum penalty is one year imprisonment and/or a fine of $2,500). While many lawyers will try to negotiate for a reduced sentence or a conviction for a lesser charge, the possibility of imprisonment and fines for a criminal record remains highly likely if a conviction on a knife offense occurs. Especially in cases of felony possession of "most dangerous knives," the sentence imposed will depend on the prior history of the individual and the specifics of the possession charge.
K.S.A. § 66-1817 is an interesting case that involved the arrest of an individual who was found with a gravity knife. The gravity knife was between a quarter and a half inch long, but it was deemed to be an aggravated knife (a forbidden knife under K.S.A. § 66-1810). The Supreme Court ruled that the statute’s use of "forward motion" could be applied to mean any use of motion, including mechanical means like opening the knife with one hand. As a result, the individual was charged with possession of a prohibited knife. He was convicted. In light of the conviction, the individual was faced with a potential stay of 11 months and 29 days in prison, as well as fines up to $2,500. He appealed, and his attorney sought to have the conviction vacated. The attorney argued that "forward motion" may not have been applicable in this case.
The Supreme Court held that absent any statutory definition, it had to determine whether the Legislature’s intent was to define "forward motion" as specific motion in the direction of forward. The Supreme Court also noted that there was no precedent in Kansas law on this precise subject. The court determined that "forward motion" was every motion leading to the opening of the blade or extending the blade "for all practical purposes and common usage". The court affirmed that the conviction served to uphold the intent of the statute.

Tips and Tricks for Complying with the Law

When it comes to staying on the right side of Kansas knife laws, there are a number of steps knife owners can take to ensure compliance and avoid potential legal issues. First, always make it a priority to know and understand the specific laws in your county, as these can vary throughout the state. This includes what types of knives are prohibited, as well as where and how you’re able to carry them. When in doubt, it’s a good idea to contact local law enforcement for clarification.
As a general rule of thumb, it’s best to keep all knives in a vehicle stored securely out of plain view — for example , inside a locked glove compartment or trunk. Be mindful of carrying any knives in a "swinging" type of sheath, as well as any ballistic knives or automatic knives, as these are largely prohibited. While these weapons are generally considered more dangerous than a basic pocket knife, it’s best to avoid carrying any type of blade that could be considered a "dagger," "dirk," or "stiletto," since these terms can sometimes mean different things depending on the context in which they’re used.
Finally, never be afraid to ask before bringing any type of knife into a public space. This includes businesses, parks, and even your child’s school.