Knife Laws 101
Understanding Washington DC Knife Laws is significant for anyone who spends time in the Nation’s Capital. If you carry a knife in your pocket or purse, you should know how the laws work before you find yourself facing a penalty, or even jail time. Prior to 2017, DC’s knife laws were old and ambiguous. A 1994 law defined a knife in terms that left too much room for subjective interpretation. It was illegal to own "any dangerous weapon" or "any dirk, bowie knife, switch knife, stiletto knife, or any knife resembling a razor." For knives resembling razors you were open to interpretation of what analogous features is "to resemble" a razor blade.
During the summer heat of 2017 the DC City Council passed a bill that redefined knives and reformed DC’s knife laws quite a bit.
In the bill’s initial public hearing, Councilmember Charles Allen said he were simply making "a clarification and update" to the knife laws on the books, in the wake of several D.C. residents being jailed for offenses surrounding knives.
The new bill made the definition of knives more specific and attempted to bridge the gap from 1994 to 2017 by rendering weapons like the "razor blade" out to be resembling actual razors not "analogous features," and then going further by clarifying more culturally popular knives of the day, like "karambit," which has a curved point resembling a claw, and "dirk", a long-bladed sword with a hilt and no other embellishment .
But defining knives was just one of the new bill’s reforms. It also legalized many knives previously on the banned list, such as stilettos and dirks, and changed the language "dangerous weapon," to "deadly weapon," which is a term with legal precedent attached to it. Deadly weapons are weapons capable of causing death or serious injury, leaving knives that draw blood or cause harm. The law also clarified that the knives must be carried "openly," meaning out of its hiding place, and ready to be used. There’s a reason that the change from "dangerous," to "deadly," is significant and it’s because knives are commonplace tools that can be used to stab someone, but aren’t inherently "deadly," and not all knives that can stab are legal.
With the new changes to the knife laws of 2017, now a knife has to be more than just a knife. Now it must be a deadly weapon that’s either dagger-like (a dirk) or has an unguarded blade (a dagger). Now the city aims to regulate only the knives that could potentially do harm, which is a win for common sense and common knives. Knife crimes are low risk crimes. Knives are commonly found in kitchens, used at work, and even carried in pockets or purses. Not all knives are deadly weapons, and now DC has clear knife laws to match.
Knife Definitions and Restrictions
Under District of Columbia law, the term "knife" is defined as all "dirks, daggers, or other dangerous weapons." When it comes to "dangerous weapons," DC law clearly defines that as "length of the blade is more than 3 inches from the hilt or handle."
While this is a broad definition—in practical application—you can go with the rule of thumb that knives should be no more than 3 inches in blade length.
So if we run through common knives you may think of carrying, what do they look like on paper?
The following includes some general descriptions and comments about their use under the law:
There are a number of other types of knives including a bowie knife (resembling a large knife or dagger) which should also be avoided (it is hard to exactly define what a bowie knife is other than to say it can be large).
Each of these knives and weapons will almost always be considered a dangerous weapon and illegal to carry in DC. Note that each of these knives are almost always prohibited in any school grounds or school-related grounds (for example, if you flirt with the five year rule your chances increase that the authorities will arrest you), public transportation, or airports (see the TSA information for details on knives and weapons allowed on airports but the bottom line is that knives are almost always prohibited in airports).
Do not make the mistake of thinking that because school grounds, public transportation, and airports are not identified in the statute that section 940e(c) does not apply. These are actually separate sections and carving out those exceptions does not mean possession on school grounds, public transportation, and airports is legal in DC. Rather, it means that even on those grounds possession is unlawful (which would include any restrictions from title 7 of the Code of the District of Columbia).
Concealed and Open Carry in Washington DC
Washington DC is unique in that it bans the open carry of knives, but does not have a law directly against concealed carry as long as the knife does not fall under its definition of a prohibited weapon. The District of Columbia is the only area in all of America to be such an anomaly. The only other place with something similar to concealed carry without permits is Hawaii. However, they’re permitted for other types of dangerous "weapons" – which are much more extensive than what would count as dangerous in the District of Columbia. So to clarify, if you own a tactical knife, switchblade, or folding knife with a blade length under three inches, then you can have it legally on your person as long as you’re not engaging in any unlawful activities. You’re also not permitted to brandish the knife in public and must have it stored in the proper sheath or blade cover. However, for open carry in public, the District of Columbia will not permit that and has laws against the possession or sale of knives that are 12 inches or longer regardless of how you plan to use them or where you plan to carry them. If we get into the minutiae of the prohibitions, you can carry a sword cane in DC, but if you swing it while out in public, that’s illegal. You cannot own an ak47 in DC, but you can own a katana. You can also own a dirk and cutlass in Washington DC. Now if you’re in possession of a knife that’s concealed underneath your clothes (not in your purse, man bag, or briefcase) and it’s defined as a weapon under DC law (which we discuss next) then that can get you in a lot of trouble. You’d be committing a criminal offense and get slapped with a misdemeanor charge and a fine of up to $1000 or up to a year in prison or both. It’s a weird law because what’s described as being a violation can vary depending on the situation and how the law enforcement officer sees the act. If you are guilty of carrying a knife that’s six inches or longer (measuring from the tip of the handle to the tip of the blade) while also concealing it from plain sight, that’s a felony in Washington DC. In this case, you wouldn’t be able to argue the intent of hiding it—intent to kill—and it means you’d have to serve jail time of at least one year. You may also have to pay a fine of up to $5000 or both.
Age Limitations and Exceptions
Interestingly, the Knife Laws in Washington DC contain one of the most obscure provisions with regard to age restrictions on the use of knives. Generally, carrying a knife within the District is subject to the prohibition on carrying dangerous weapons, which makes it illegal for you to open carry a dangerous weapon, meaning a "dirk knife, bowie knife, razor, stiletto knife, or any other dangerous weapon, loaded pistol, or other dangerous firearm outside the home." Even still, carrying a dangerous weapon is legal if you are "at least 18 years of age." It is therefore not a violation of Washington DC Knife Laws to be found with an otherwise illegal knife, provided that you are over the age of 18.
However, under another provision Section 7-2506.01(14), it is illegal for persons under the age of 18 to knowingly possess or to knowingly carry on one’s person, use, or have under his or her control, a dangerous weapon other than a firearm in any place to which the public is invited or where the public is authorized to be. So, for example, it is illegal for a minor to open carry a dagger on public property. Still, the aforementioned prohibition pertains only to "dangerous weapons," which are defined as follows:
The term "dangerous weapon" does not include pocketknives with blades of less than 3 inches in length, pen knives, and any knife which has a blade of 3 inches in length or less.
This raises the question of who is a minor for purposes of Washington DC Knife Laws. A minor is defined as a person under 18 years of age or a person less than 18 years of age. What does this mean? Under the law, it is illegal for a person under 18 years of age to possess or carry knives in Washington DC which are longer than three inches long. However, minor children are allowed to possess, carry, or own any knife so long as they have permission from their parents or guardian for "occupational purposes." Thus, you could have a minor using a pen knife for carpentry work, provided he or she also brings along a note from dad.
Penalties for Knife Law Violations
In Washington, D.C., violating knife laws can carry serious legal consequences. It is important for the public to understand what these are so they can be prepared in the event they are apprehended by law enforcement and charged with a knife or weapon crime. Washington, D.C., has stiff penalties for violating knife laws in the ordinances contained in Chapter 22 – Weapons; Hands-Free Devices; Firearms, and Other Dangerous Weapons and Instruments, § 22-320. Prohibited Uses of Weapons: (a) It shall be unlawful for any person within the District of Columbia to – (1) Carry a dangerous weapon openly or concealed on the person’s clothing or about the person’s body unless the weapon is a registered firearm legally carried or is otherwise authorized to be legally possessed under the provisions of this title; or, (3) With all intent to commit a crime against a person or property – (A) Use any dangerous weapon or firearm in the commission or furtherance of such crime. Any person convicted of violating § 22-320 Penalty, shall be not more than $1,000, or imprisoned not more than six (6) months, or both; except that, a violation of this section shall be: Note: Anyone found to be in violation of the above code section has committed a Misdemeanor offense. Additional Weapons Offenses are set forth in § 22-321 of the D.C. Code. As the web site of the city government explains, "We consider your rights as a gun owner very seriously. Our office has worked tirelessly to safeguard our rights." And the law is clear and concise , except for the very vague and encompassing language that describes what is considered illegal in the District of Columbia. The penalties can be severe and result in significant fines, parole and even serious jail time, depending on the specific charges and circumstances of each case. These are the penalties for violating § 22-321 – Carrying Dangerous Weapons or Firearms: Unless otherwise provided by law, any person found in violation of this section shall be: If the possession is illegal but the intent is not to injure or scare, a fine of not more than $1,000 and/or imprisonment not in excess of one (1) year may be imposed. All violations of subsection (d) shall be felonies, punishable by not more than 10 years, a fine of not more than $10,000, or both, unless the firearm involved is an "assault weapon" or "large capacity ammunition feeding device" listed in § 7-2501.02(3) and (4), in which case the penalty shall be not less than five (5) years nor more than 15 years, a fine of not more than $15,000, or both, a felony. So violators not only face high fines and jail time, they face a serious criminal conviction that will follow them for the rest of their life. Therefore, if you live in Washington, D.C., or have been arrested while visiting the nation’s capital and have received charges of violating the city’s knife laws, it is critical that you retain a knowledgeable criminal defense attorney and fight your charges.
Complying with Washington DC Knife Laws
While carrying or owning knives within Washington DC may seem deceptively simple, there are steps you should take to ensure that you are in compliance with the law. One of the best practices is to always verify whether the knife you own is legal, either by performing an online review of the law, or consulting with a knowledgeable criminal defense attorney. Additionally, stay abreast of the knife laws as they pertain to where you can carry your knife and when it can be drawn.
If you are taking your knife out of your home for the first time, or if you have just recently moved to a new neighborhood, take some time to familiarize yourself with the local ordinances. What might be legal in one part of Washington DC may be illegal just down the street. It’s also important to note that even knives that are technically legal might be illegal to carry under certain circumstances.
It’s highly advisable to never carry a knife around your neck unless you have a permit to do so. Even if you have a permit, it’s probably better to keep it in a sheath or other concealing device until you need it. Knives should never be carried along with other weapons, such as guns or pepper spray, unless they are wholly locked away. Additionally, you should never use a knife to commit an attack or even threaten an attack, as that could result in serious criminal penalties.
No matter what the circumstances are, it’s always better to be safe than sorry, and ensuring that you are in compliance with Washington DC Knife Laws can save you time and money in the future.
Other Resources
If you are uncertain about the legality of carrying a knife in Washington DC or have been impacted by a knife-related incident where you have faced charges, there are a variety of resources offered by legal aid, government, and community organizations that are available to help you . Some of these resources include:
- DC Department of Forensic Sciences Knife Testing standards
- Legal Aid Society of DC
- DC Bar Association Know Your Rights: Knife Laws
- Congressional Research Service 50-State Survey of Criminal Law: Knives & Other Cutting Instruments
- The United States Concealed Carry Association Knife Laws: Ohio
- Knife Rights Knife Laws By State (Washington DC being the 48th entry on the list)
- Gun Lawyer Knife Laws for Maryland, Virginia, and Washington DC (Washington DC being the 36th entry on the list)