Understanding the Legal Landscape of Pocket Knives in Delaware

Understanding the Legal Landscape of Pocket Knives in Delaware

Delaware’s knife laws are among the more restrictive in the United States, especially regarding what is considered a legal pocket knife and how knives may be carried. Here’s what you need to know:

Definition of an “Ordinary Pocket Knife”

  • Ordinary Pocket Knife: Delaware law defines this as a folding knife with a blade not more than 3 inches in length, carried in a closed position.
  • Blade Measurement: The entire length of the blade is measured, including any unsharpened portion, but not the handle.

What Is Legal to Own?

  • You may own most types of knives, including folding knives, fixed-blade knives like Bowies, dirks, daggers, and butterfly knives.
  • Illegal to Own: Switchblades (automatic knives), gravity knives, undetectable knives, knuckle knives, and throwing stars are prohibited.
  • Recent Legislation: As of late 2024, there is pending legislation (Senate Bill 323) that would remove some prohibitions on certain folding knives that can be opened with one hand, but switchblades and gravity knives remain restricted.

Carrying Knives: Open vs. Concealed

Type of Knife Open Carry Concealed Carry (without license)
Ordinary pocket knife (≤3″ blade) Yes Yes
Any other knife (over 3″ blade) Yes No (unless licensed)
Switchblade, gravity, knuckle knife No No
  • Concealed Carry: Only an ordinary pocket knife (folding, ≤3″ blade, closed position) may be carried concealed without a license.
  • Deadly Weapon: Any knife other than an ordinary pocket knife is considered a “deadly weapon” and may not be carried concealed without a concealed deadly weapon license.
  • Open Carry: Most knives (other than those explicitly banned) may be carried openly, but local ordinances may impose additional restrictions.

Location-Based Restrictions

  • Schools and Recreation Zones: Knives are strictly prohibited in Safe School and Recreation Zones—defined as any school property or within 1,000 feet thereof.
  • Other Restricted Areas: Knives are also banned in government buildings, state parks, public transportation, and federal properties.

Penalties

  • Unlawful concealed carry of a deadly weapon is a felony, with severe penalties including fines and possible jail time.
  • Possession of a prohibited knife (e.g., switchblade, gravity knife) is a misdemeanor or higher, with increased penalties in school zones.

Key Takeaways

  • Legal Pocket Knife: Folding, blade ≤3 inches, carried closed.
  • Concealed Carry: Only legal for ordinary pocket knives without a license; all others require a concealed deadly weapon license.
  • Prohibited Knives: Switchblades, gravity knives, undetectable knives, knuckle knives, and throwing stars.
  • Location Restrictions: Strict bans in schools, government buildings, and certain public areas.
  • Pending Changes: Legislation may soon relax restrictions on some one-hand opening knives, but as of now, most automatic and gravity knives remain illegal.

Summary Table: Delaware Pocket Knife Laws

Rule/Restriction Ordinary Pocket Knife (≤3″) Other Knives (>3″) Switchblades/Gravity Knives
Legal to Own Yes Yes No
Legal to Open Carry Yes Yes No
Legal to Conceal Carry (No License) Yes No No
Legal to Carry in School Zone No No No

You may legally own and carry an ordinary pocket knife (folding, ≤3″ blade) in Delaware, including concealed carry. All other knives are considered deadly weapons and may not be carried concealed without a license.

Switchblades, gravity knives, and similar knives remain illegal to own or carry. Always be aware of location-based restrictions, and check for updates as new legislation may alter these rules soon.

Sources:

  1. https://www.akti.org/state-knife-laws/delaware/
  2. https://ravencresttactical.com/delaware-knife-laws/
  3. https://congressionalsportsmen.org/news/delaware-introduces-pro-sportsmen-knife-legislation/
  4. https://www.akti.org/news/akti-celebrates-intro-of-delaware-knife-legislation/