Overview of Knife Laws in Connecticut
There were attempts to pass an outright ban on switchblade knives in Connecticut dating as far back as 1937. However, these bills never became law. Connecticut and the nation as a whole have been moving towards less restrictive knife legislation in recent years. In 2016, the 20-year-old ban on the possession and use of automatic and switchblade knives in Connecticut was lifted for all "law abiding persons" who are not subject to any arrest warrants.
The 1993 laws are the current framework for knife legislation. They define switchblade, gravity knives, and ballistic knives as follows:
- "Switchblade knife" means any knife which has a blade which opens automatically. When the blade is in the handle (recessed space) of the knife, by the force of gravity or by outward pressure applied to a button, or by any other mechanical device or means whatsoever. The term "switchblade knife" does not include: (A) Any knife which is manufactured or made as a defensive weapon for use in the military. (B) Any hunting or fishing knife (used to field dress or skin game). (C) Any knife equipped with a detachable blade which folds, closes, withdraws or is ejected from the handle housing by the action of a spring or the weight of the blade . (D) Any automatic knife utilized by the armed forces of the United States.
- "Ballistic knife" means a knife having a blade which is propelled by a spring-operated mechanism.
- "Gravity knife" means any knife which has a blade which is released from the handle by the force of gravity or by the application of centrifugal force, and which, when so released, is locked into position by virtue of its own motion. The term "gravity knife" does not include: (A) Any hunting or fishing knife. (B) Any knife equipped with a detachable blade which folds, closes, withdraws or is ejected from the handle housing by the action of a spring or the weight of the blade. (C) Any automatic knife utilized by the armed forces of the United States.
These current laws exist ostensibly to prevent criminals from carrying concealed weapons. But they, like most knife legislation, are vague and open to interpretation by law enforcement officers, state troopers and judges. To prevent confusion when you’re out in public, it’s best to understand fully what is classified as a prohibited knife in Connecticut.
Knife Types and Relevant Laws
There are several types of knives that are regulated under Connecticut law. The most straightforward way to understand the legal status of knives in Connecticut is to break them down by type of knife into three categories: illegal to carry, illegal to own, and legal to carry in public. The list of knives that are illegal to carry on the state or public grounds of Connecticut include: Below are the knife types that are illegal to own in Connecticut, regardless of whether you carry them. For all other types of knives that are not on the above lists, they are legal to own and to carry in public places, including private property.
Carrying a Knife Concealed
Concealed carrying is currently not permitted for knives in Connecticut. There are a few exceptions that people should be aware of. Another exception again in certain limited cases are knife owners under the supervision of a security officer or police officer performing their official duties. Under Conn. Gen. Stat. § 53-206 et seq., there is an exception if the knife is a necessary tool of your job, such as being a plumber or carpenter. Other exceptions exist for the use of knives for legitimate ends.
In Connecticut, the law states that you may carry a knife on your person openly or in your vehicle and it is legal to carry any type of knife, except a dagger, dirk, razor, stiletto, or any knife that falls under the definition of a "gravity knife," "auto knife," "balisade knife," or "nunchaku." In other words, carrying a fixed-blade knife is rarely illegal in Connecticut. In fact, most knife owners find that virtually every type of knife can be lawfully carried openly in Connecticut, as long as the blade length is over one-and-a-half inches.
This raises the question of whether you can carry a knife without a permit. This question is currently unsettled, as certain judges of the Connecticut superior court have held that one must have a pistol permit to carry a knife, while certain others have disagreed. Certain Connecticut police departments will charge knife owners a fee for applying for permission to keep a knife in their vehicle.
Minors and Knife Regulations
Interestingly, Connecticut law does not have a statute pertaining to minors carrying knives on school property. There is the general statute CGS Sec. 53-206, a weapons statute, which makes the carrying of "dangerous weapons" illegal, but no instrument defined in CGS Sec. 53-206 is a knife and the exceptions to CGS Sec. 53-206 make it clear that a knife is not illegal to carry even in the presence of a school, as long as you either possess the knife in your "house or dwelling" or "have added to the house or dwelling in the course of an otherwise lawful trip onto, over or across private property." For these reasons, and the fact that CGS Sec. 10-233c specifically addresses weapons on school property in relation to minors, we defer to CGS Sec. 10-233c to govern minors’ use of knives on school property. CGS Sec. 10-233c governs generally minors (1) on school property and (2) in a vehicle on school property, and includes persons 18 years or older, exempting law enforcement officers, and thus, by logical extension, not minors. Under this statute, minors (a) on school grounds, or (b) in a school function, or (c) in a vehicle on school grounds or in a school sponsored function, are prohibited from knowingly possessing, using or threatening the use of "any dangerous instrument, including, but not limited to, any firearm, shotgun, rifle or BB gun, or any knife, razor, box cutter, nunchaku or artificial knuckles composed of metal, plastic or other similar substance;" provided that this applies to minors unless "the uses of such dangerous instrument is pursuant[sic] to lawful employment." While there are no judicial opinions in Connecticut applying CGS Sec. 10-233c to a minor, we can draw some useful conclusions. First, because "knife" is used in a list of fifteen items used in the same way and classified as "dangerous instruments," we can assume that no matter how impressive or devisive, even a dangerous knife cannot be used to commit a burglary or assault under CGS Sec. 10-233c. In other words, the knives in CGS Sec. 10-233c are prohibited from being used in the first place. The knife must be used purely for utility, yet the knife cannot be used at school, per se. It has been held that "school property" is an umbrella term which incorporates all property used or intended to be used for educational purposes and thus includes both public and private property. This would likewise hold true for "school function"— both public and privately sponsored school functions are permitted under CGS Sec. 10-233c.
Penalties for Breaking the Law
Violating the law on carrying a knife in Connecticut can result in serious legal consequences, including criminal charges and penalties. For illegal possession of a dangerous knife, a person can face a Class D felony charge, which may include up to five years in prison as well as a fine of up to $5,000. There are also less serious charges. For instance, if a person carries an automatic knife or dangerous knife openly, they can be charged with a Class A misdemeanor, which can include up to one year in prison and/or a fine of up to $1,000 . Similarly, carrying these knives in a vehicle can earn you a Class C misdemeanor charge, resulting in up to 10 days in prison and/or a fine of up to $250.
Even if charged with a lesser crime, it may still appear on your record, affecting both your employment and your future. Certain occupations — for example, teachers, law enforcement and government employees — frown upon criminal records, especially with regard to those who carry weapons for a living. In addition, if you are a legal non-immigrant, a knife charge can affect your visa, green card, naturalization or any hope of ever becoming a U.S. citizen.
Using a Knife for Self-Defense
Connecticut law is clear about the use of knives for self-defense. Connecticut does not allow "unlawful" use of a weapon or deadly force to be used for self-defense purposes. Therefore, if you are found with a knife, or any other weapon, in your possession and without a permit, deadly physical force will not be considered "reasonable" or justified.
In essence, the law does not allow you to use a knife for self-defense if you do not have the proper permits to use a knife for other purposes. However, there are certain limited circumstances where the use of a knife, with or without a permit, would be allowed in a self-defense situation. These provisions are set out in Connecticut General Statute 53a-19 and state:
"Justification. (a) Except as provided in subsection (b) of this section , a person may use physical force upon another person when and to the extent he reasonably believes such conduct is necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force, not amounting to murder, manslaughter or criminally negligent homicide, by such other person. He may use deadly physical force upon another person only in the following instances: (1) To repel an attacker who is using or is about to use deadly physical force upon the actor. . . . . . . ."
Additionally, in a recent post on Connecticut Knife Laws, we explained another section of the law regarding self-defense, which states that: a person is justified in using physical force upon another when and to the extent that the person reasonably believes that such [use of force] is necessary to defend himself . . . from what he reasonably believes to be the use or imminent use of physical force . . .."
In order for the use of deadly physical force to be considered reasonable or justified in a self-defense situation, it must be used according to the law and when necessary. The law defines physical force as "physical invasion or intrusion of a physical nature upon, or physical attack or threat of physical attack upon, a human being including, but not limited to, a harmful or offensive touching, a shot fired at a human being [and] a hitting or kicking or restraining of a human being."
In order to consider use of physical force for self-defense as "reasonable" ("use of physical force") physical force must be necessary to protect you or another from: (1) Murder; (2) Manslaughter: (3) 1st. degree sexual assault; (4) 2nd. degree sexual assault; (5) risk of serious physical injury; and, (6) assault in 1st., 2nd. or 3rd. degree (these charges are all felonies).
It is important that you understand that in order for the use of physical force to be considered reasonable or justified, here, with respect to the law, you must be able to prove that you perceived a substantial threat of harm to yourself or another that possibly included death or serious injury that you have no way of escaping without the use of deadly physical force. Deadly physical force must be used only if you reasonably believed that such force was immediately necessary.
In a decision that seems to stretch the limits of what is considered reasonable self-defense under the law, in State v. Hogan, the Connecticut Supreme Court decided that even though a defendant was holding a knife, the use of the knife was considered a defensive act and was therefore in compliance with the law. State v. Hogan, 187 Conn. 201 (1982). In that case, the defendant had evidence that when attacked his use of a knife was a defensive act and not an aggressive act, therefore legal.
New Developments and Proposals
In recent years, advancements in the understanding of metals and their applications have led to significant controversy around their potential use in weapons. One such advancement, the invention and use of D2 Steel, a type of tool steel known for its high hardness and wear resistance, is now facing scrutiny. There is a growing concern among some of Connecticut’s legislators that new types of knives using high-grade metals, like D2 Steel, and featuring advanced locking mechanisms, are being used primarily as weapons.
As a result, there has been a push in the Connecticut General Assembly to amend current knife laws. Proposed amendments include changing the definition of "dirk or dagger" to legalize certain novelty knives that some legislators argue are indistinguishable from other types of knives in appearance. Another proposed amendment would increase the legal length of knives that people could own and carry. However, the same amendment would also increase the list of knives that would be illegal to possess or offer for sale in Connecticut.
While the changes are controversial, they are still in their early stages. These amendments are part of the legislative committee process, which means that they may be amended before getting voted on in the General Assembly. While the future of Connecticut’s knife laws is currently unclear, it is important for residents to stay up to date on any changes that may arise.
Advice for Knife Owners in Connecticut
To ensure you don’t run afoul of the law in Connecticut, here are some practical tips for legal knife carrying, use, and storage:
• Be aware of knife carrying laws: Unless you are an employee or otherwise on official business for certain law enforcement or military entities, it is generally illegal to carry any kind of "dangerous weapon" except that required for "sporting or lawful purposes".
• Stay on your own property: As long as you are either a resident or legitimately visiting a private residence or owned property of another person without tenant rights (and that person’s permission or knowledge), you may carry, conceal, or otherwise transport any knife or other dangerous weapon.
• Avoid fixed-blade knives that are more than 4" long: Since whether a knife can be concealed can depend on the size of the knife as well as the pocket or other area where it will be concealed, fixed-blade knives are easier to place in that category than folding knives. In order to avoid confusion and prevent violations, use knives that aren’t likely to get you into trouble.
• Avoid automatic knives: Switchblades and other automatic knives with blades over 1 . 5" are illegal to sell, import, manufacture, transfer, keep, offer to sell, or apply for permit or license to acquire. Folding knives may be classified as automatic knives if they can be opened by application of pressure to the blade or handle. Automatic knives may be legal for sale only for "bona fide scientific or artistic educational or legal purposes".
• Keep knives secured when not carried: As noted above, deadly weapons can be legally transported only to activities such as target shooting, sports, hunting, and trapping, so it’s important to keep them at least in a locked container in your vehicle when not in use for such purposes.
• If all else fails, don’t leave the house: While this may not be a practical or desirable option for everyone, you may be best off leaving your knives at home. Be aware that even carrying a big pen knife, belt knife, or folding knife might get you in hot water if police find it in your possession, since this can be considered prima facie evidence of intent to use in the commission of a crime. You also may want to leave home to avoid encounter with a police officer who has no clear notion of what constitutes a knife or whether a knife falls under the broad reach of the law.