What Is an OTF Knife?
Under the category of "out the front knife," OTF knives are defined as a knife with a four-inch blade. As the name itself suggests, these knives slide out the front of themselves when their corresponding button is pushed. Around the world, OTFs are also known as "sliders" because of this blade movement. At the end of this article, I actually explain about the differences which exist between a folder and a knife with an OTF function. Of course, a folder is called a "knife" with a folding capability whereas an OTF does not fold at all . Instead, its blade slides out in a straight line toward a user and, when the reverse motion is activated through the button, the OTF blade slides back into the handle.
A thumb-sized button, positioned on the handle of the knife, fires the OTF blade into the air. With this simple function, a button press launches a spring-loaded blade mechanism. While OTF knives are similar in design to switchblade knives, many states outlaw switchblades but not OTF knives. Accordingly, this leaf-like knives are considered to be legal to own while switchblades are not.
Overview of Knife Laws in Minnesota
The carrying of knives, whether on your person or in your car, are generally legal in the state of Minnesota. There are however certain restrictions to be aware of.
Automatic knives (switch blades or "OTF" knives) are considered a type of dangerous weapon, and as such, may not be carried with the intent to use it against another person. The same applies if you are carrying, or have in your possession, a knife that is readily "capable of inflicting death." Essentially, this means it is illegal to carry a dangerous knife for self-defense purposes.
In fact, the law specifically states "Notwithstanding any other law, a person may carry a pocket knife or utility knife of any kind in a sheath, belt, holster, or similar device on the person’s clothes or attached to the person without violating this section."
What does this mean? It means that automatic knives are illegal to carry without a good reason related to your occupation. If you are carrying a knife for professional purposes (such as a contractor, plumber, etc.), you may have a good case for carrying an automatic knife. However, carrying a self-defense knife is against the law and can lead to criminal charges.. Please see your local attorney for advice as to whether your particular circumstances will be seen as legal or illegal by the courts.
If caught carrying a knife illegally, you could be facing misdemeanor charges, which can be punishable with a fine of up to $1,000 and/or a maximum year in jail. Felony charges are also an option, which can be sentenced with up to three years in prison and/or a $5,000 fine. In other words—think twice about carrying an automatic knife.
Legal Status of OTF Knives in Minnesota
The legality of OTF (Out The Front) knives in Minnesota is governed by a mix of both state laws and local ordinances. Under Minn. Stat. § 609.66, Subd. 1(e), it’s illegal to manufacture, transfer, possess, or use a "switch blade knife" (that is, an out the front automatic knife or any knife that has a blade which is automatically triggered by a button push, etc.) in the state of Minnesota. It is also illegal to possess any knife with a blade over four inches. Having one of these types of knives that is hidden on your person, in a car, in a house or structure, etc. could lead to a charge of a "Gross Misdemeanor" (64 days in jail also depending on other factors).
As far as any other concealed knives, they may be carried legally in Minnesota as long as they are not defined as a "short knife" or a "dangerous weapon" in any of the following Minnesota Statutes:
Dangerous Weapons Definition: Minn. Stat § 609.02, Subd. 6
Switch blade: Minn. Stat § 609.66, Subd. 1(e)
Knife: Minn. Stat § 609.66, Subd. 1(f)
Short Knife: Minn. Stat § 609.02, Subd. 6 (Short knives were defined in 1954 as 6 inches or less in length);
Folding Knife: Minn. Stat § 609.02, Subd. 6
It’s actually legal to have a knife on your person in Minnesota and to openly carry knives of any size. But concealed knives in Minnesota are somewhat of a gray area, since there are no laws stating that they are legal. Individual local jurisdictions may have their own laws as far as the definition of a "dangerous weapons." The best way to keep out of trouble is to buy knives that fall within these laws (making sure they’re not a switchblade or folding knife) as well as researching local knife laws before you purchase.
Penalties for Unlawfully Carrying or Possessing OTF Knives
The severity of the penalties for illegal carry/possession of OTF knives in Minnesota depends on the circumstances. A pocket knife that is used by a school student, and thus is considered to be an "augmented" knife, would be treated differently than a knife that is used in a robbery or aggravated assault.
Examples of the penalties:
ROBBERY – if the person carries or possesses a switchblade or automatic knife while committing a robbery, it can result in up to 20 years in prison and/or a $35,000 fine.
SCHOOL PROPERTY – if the person possesses a club, defined as "an object used to assault another or as a weapon used to inflict pain or injury to another, including a stick, metal rod, pipe, or wrench of any kind" on "school property," then this is a crime of the 3rd degree. "School property" is defined as "any building or other structure in which classes are held or school sponsored programs are conducted, school grounds, and a public or private day care facility enrolled by one or more students." This means that the definition includes a broomstick, a mop handle, or even a sock with a heavy object in it, so it’s not just the obvious.
AGGRAVATED ASSAULT – if the person possesses a knife and uses it within a distance of 1,500 feet of "a public official" then that can be a felony of the 2nd degree or 5 years in prison and/or a $10,000 fine.
OTHER PENALTIES – in general terms, it’s a petty misdemeanor to carry a knife like an OTF that is capable of being opened with the use of a sheath, pocket clip or band; it’s a gross misdemeanor if it has a blade more than 3 inches long; and it’s a felony if it has a blade of any length and the person is prohibited from possessing a pistol.
Exemptions and Special Permits
While the general law surrounding OTF knives in Minnesota is restrictive, there are a couple of exemptions that can allow a person to legally carry an OTF knife with a blade edge over 3 inches in the state without running afoul of the prohibition on switchblade knives. Military personnel, for example, are permitted to carry many forms of switchblades or other automatic knives, so long as these knives are carried in connection with that member’s military service. Law enforcement officers are also exempted from the state law restrictions, so long as their use of OTF knives or other automatic knives falls within the scope of their duties as an officer. At one time, the state law specifically excluded professional knife combat instructors, but this exclusion appears to have been stricken from the statute .
Individuals in Minnesota who do not fall into one of these exempted categories must consider whether their use of an OTF knife would fall under "primary" use – is that knife used primarily for hunting, cutting rope, or other ordinary, uncontroversial uses? Is the device potentially or arguably a weapon or tool of violence, or is it simply an OTF knife that has utility in ordinary, everyday scenarios? Simply put, if your intended use with an OTF knife in Minnesota falls outside the most ordinary and conventional uses of that knife, you may find it difficult to defend your use based on the exemptions and special permissions contemplated in the Minnesota statute. Significantly, OTF knives that cannot be opened or closed without a manual action of the user fail to demonstrate the requisite level of primary function that might otherwise, perhaps, permit a person to carry and own the knife.
Noteworthy Changes in the Law or Recent Case Studies
A notable exception: the state of Minnesota recently amended its legislation to ban the carry of automatic knives in the state, but unless you were at the Minnesota chapter of the American Knife and Tool Institute conference on the police-issues carried out earlier this month, you would have missed it. The bill was not even on Minnesota Governor Mark Dayton’s desk when we prepared our A Knives’ Eye View on the state of automatic knives in the U.S., which is why we included a note on New Jersey’s relaxed automatic knife laws instead with the promising comment that "Knife owner and activists alike must advocate to their local representatives to ensure that these measures are approved."
A 16-to-1 vote in favor of the legislation banning all automatic knives was passed by the Minnesota State Assembly by Republicans and DFLers last year, but passed without a single Republican vote. When author of the bill, Republican Rep. Tim Kelly, responded to Minnesota Knife Law Review’s request to clarify whether the bill also legalized concealed autos, Kelly replied: "The bill is an exemption for law-abiding citizens. It is part of a Minnesota Compromise." When asked whether he was familiar with the New Jersey reformation, Kelly responded, "I try to stay focused on Home Turf. That is the drama there—because I do not know all the details."
Minnesota Knife Law Review responded with the following, greater detail on the Minnesota bill and its passage: "The concern of the bill was to get on record my fellow Legislators to include autos and other types of knives used as a defense; the concern of the last two years was that a loophole was exploited by law enforcement in last two years of ambiguous knife law-no one was charged, jailed, and/or prosecuted during the last two years." Rep. Kelly then provided a list of buildings where people with permitted knives could safely occupy: "Drop-offs on numerous buildings in downtown Mpls. and St. Paul listed-here are just a few to where the bill includes: the Mall of America in Bloomington; US Bank Stadium in downtown Minneapolis; and Wells Fargo Place in downtown Minneapolis."
Rep. Kelly added: "Most knife lovers who use them responsibly will be in favor of this bill." And as for its critics: "We had to restrict all knives in the bill to gain support. We are still working on the six-shooter and switchblade issues."
Best Practices for Knife Owners in Minnesota
It is essential to understand the laws regarding carrying a knife, such as a switchblade, knife cane, dirk, bowie knife, and other types of knives in Minnesota. Although Minneapolis, Minnesota, has some laws specifically governing knives carried in the city, most restrictions are determined at the state level. That being said, many Minnesota cities have their own ordinances regarding knife ownership.
State law in Minnesota permits civilians to carry knives with blades longer than 3 inches, such as machetes, dirks, and daggers. In fact, there are no restrictions in the state based on blade length or type. Despite those broad laws, a person carrying a dirk, dagger, stiletto , sword, bowie knife, or other type of knife with a blade longer than 4 inches is prohibited from carrying the knife for self-defense, as it may be considered a dangerous weapon.
While it is legal to carry knives exceeding 4 inches for hunting, fishing, or trapping, if a person carries a knife in a public place or open carry of a knife for self-defense, the police will likely stop, detain, and question the person and may even end up arresting the person.
If you are a knife owner, follow these tips: One of the best things you can do after you receive your knife is to locate the nearest law enforcement agency to learn about any city-wide or county-wide knife restrictions.