Summary of Georgia Knife Laws
Georgia law contains highly specific language in its definition of what constitutes a prohibited weapon. No description is more interesting than the definition of a knife. The law says the following:
(2) "Knife" means any of the following:
(A) A cutting instrument with a sharp blade, including, but not limited to, knives which are fixed-blade and folding-blade cutlery, bowie knives, daggers, dirks, dirk knives, stiletto knives, and stilettos;
(B) A razor blade; provided, however, that the term "knife" shall not include:
(i) A tool designed to be used to play a musical instrument, including, but not limited to, a woodwind, brass, or bagpipe instrument;
(ii) A utility razor blade scraper which is encased in a holder with a sliding protective cover so that the razor blade cannot be accessed without removal from the holder and the device is not otherwise readily usable or suitable for use as a weapon; or
(iii) An industrial folding knife or retractable knife or blade that:
(I) Does not contain a spring or other automatic opening device;
(II) Can be opened only manually by the use of one hand; and
(III) Contains a blade less than four inches long.
Ga. Code Ann. § 16-11- 120 (2009) .
Like firearms, some knives are illegal to carry openly or concealed. Basically, Georgia law prohibits the open carry or concealed carry of a "weapon fabricated to inflict serious injury or death by cutting, piercing, or tearing of human tissue." Ga. Code Ann. § 16-11-120. These "weapons fabricated to inflict serious injury or death" would include knives like bowie knives, dirk knives, and stilettos. Id. § 16-11-120 (b). So, a dirk knife, which essentially is a dagger, would be illegal to carry openly or concealed. The statute is not as clear when it comes to knives like bayonets, gut hooks, and other smaller knives, so if you own one or plan to buy one, this is a good time to review Georgia knife laws with a qualified lawyer.
Knives that fall under the general legal definition of "dirk knife," "stiletto," "dagger," and "bowie knife" are illegal to possess in Georgia. Id. § 16-11-120.
The illegality of carrying these bladed weapons may be illegal even in your own home, so it’s best to talk with a lawyer if you are concerned about a particular knife. The last thing you want is a surprise arrest and weapon charge for working on your knives in the seated position on your porch.
Types of Knives that are Allowed
The carry of knives, in Georgia, is largely controlled by the laws of "weapons." A weapon is defined as: "a dirk, dagger, or other cutting instrument customarily known as a knife, having a blade of two or more inches." In effect, knives with bladed shorter than two inches are not categorized as weapons under the law and are, thus, permitted. Additionally, even knives longer than two inches are permitted, if they are "commonly used for the purpose of food preparation, such as kitchen knives" (something many people would not know prior to my telling them about this statute). Thus, a Chef’s knife, or butcher’s knife, is not a "weapon," even if it is longer than the two inch blade requirement. Knives that are in the legal definition of a weapon here in Georgia are generally referred to as "dirks, daggers, or other cutting instruments customarily known as knives." If a knife meets the statutory definition, you cannot legally carry it in any manner if you do not have a permit (except where use of the knife by anyone is otherwise lawful-i.e. in your own home, or at work, even when it is prohibited for the general public to carry a knife in certain locations). They can be carried openly, but only if used legally.
Knives with Limitations on Carrying
Georgia is one of the few states across the entire country that does not allow switchblades, automatic knives or any types of spring-loaded knives to be carried. Even the Federal Switchblade Act only dictates regulations in select scenarios, which means most states can regulate these knives differently from one another. Not in Georgia.
Officially known as The Georgia Switchblade Law, O.C.G.A. § 16-11-90 allows police officers to arrest and charge those who are found in possession of a switchblade knife, automatic knife or disguised knife. This law essentially prohibits switchblades and automatic knives in any circumstances, unless these knives are specifically weaponry at the time. Thus, police officers can charge those who are found in possession of automatic knives with offenses, regardless of whether or not they are intended for weaponry.
Of course, even if state laws allow people to have and use certain knives, it only applies to those who are of legal age. In Georgia, the legal age for carrying most types of knives is 18 years old. However, even if an 18-year-old can have a knife, it does not mean that the police officers will legally interpret the knife being for non-weaponry. This generally depends on the type of knife used, but in some cases, it does come down to individual interpretation.
Knives like OTFs (out-the-front) or automatic knives are particularly frowned upon by the police. They are the knives most likely to land certain individuals in jail for possessing them, even if they are for non-weaponry purposes. Generally speaking, even knives with blade lengths of two inches or less could result in charges for knife possession under current Georgia knife laws.
Carrying a Knife in Georgia
Regarding carrying knives, Georgia law classifies knives into two groups: knives that may be carried and knives that may not be carried. The categories are generally knives with two sharpened edges that are not in a sheath, swords or sword canes, daggers, dirks, stilettos, and unretractable blades exceeding five inches (5") in length that are carried open (meaning not concealed) and not in a sheath. These types of knives are illegal to carry under § 16-11-126. The only exception is that a person may go to or from a pawn shop or place of repair in order to sell, repair or otherwise dispose of the knife. The second general category is knives that may be concealed but must be carried in a sheath or in another form of storage. These include pocket knives, hunting knives, and other similar knives and types of pocket knives. A common question is whether a "bowie" knife is illegal to carry under Georgia law. Bowies are specifically exempt from the above rules under a different section of Georgia law, § 16-11-126. The statute includes "bowie knives" in the same category as "dirks," "daggers," "stilettos," and knives with blades over 5 inches long. This generally means that a knife meeting this description may not be carried concealed or openly, but can be carried a reasonable distance to or from repair or disposal.
The statute regarding carrying concealed weapons, § 16-11-126, prohibits the carrying of a pistol, rifle, or shotgun with the intent to commit a crime. Carrying a pistol or shotgun concealed without a license is a crime under Georgia law, and therefore meets this definition. A firearm does not include a knife, and therefore carrying a concealed knife with the intent to commit a crime is not prohibited. Carrying a knife is only prohibited if it is a prohibited knife and not carried in a sheath or form of storage. Conversely, it is legal to carry a pistol openly if it is not supported by evidence of criminal activity with the intent to commit a crime. The same analysis does not apply to knives. A knife placed in a sheath or other form of storage that also serves as concealment means the knife is lawful to carry, because it is not prohibited and is in a sheath, which is a form of lawful storage.
Knife Exception and Other Special Cases
Exceptions and special cases decorate Georgia law surrounding knives. If you are a duly sworn law enforcement officer (i.e. working within the normal scope of your duties as a police, deputy sheriff, correctional officer, prison guard or other law enforcement personnel), you not only have permission to carry a knife, but you have permission to carry a knife that would otherwise be illegal. For example , a knife as long as 12 inches may be carried and concealed on your person; same goes for a knife weighing up to 16 ounces. Military personnel are also exempted from most of the prohibitions on knives in the state of Georgia. Officers of the peace who are able to carry knives pursuant to the Preemption clause listed above must also have markings on their weapons. In their case, the weapons must also have a red tip. All of these exemptions only apply to issues of ownership, purchase, carrying and concealing blades. When it comes to the manufacture, use, sale or transfers of certain blades, all issues still apply.
Penalties for Knife Law Violations
Violating knife laws in Georgia can result in both fines and jail time. As there are a number of different knives and numerous statutes relating to those knives, the penalties can vary from crime to crime. In general, knives are prohibited weapons in Georgia under O.C.G.A. 16-11-127 related to deadly weapons. The penalties associated with this statute apply to a straight-blade knife longer than 12 inches that is carried in a concealed manner, a switchblade, a ballistic knife, a metal knuckles knife, an adjustable-blade knife, a retractable blade knife, and a pocketknife with a blade of more than two inches in length. Stun knives, swords, and sabers are prohibited weapons under O.C.G.A. 16-11-128.2. Moreover, daggers, dirks, or razor blades are prohibited weapons under O.C.G.A. 16-11-130.
The punishment for each violation can range from a fine of $1,000 to imprisonment up to 12 months or both. Moreover, if a person is convicted of more than one crime under this knife law within the previous five years, or if the knife possessed was used in committing a crime against a person, then the person shall be imprisoned for one year without the possibility of suspension, probation, parole, or other sentence reduction.
Changes to Knife Statutes in Georgia
Despite the previous view in Georgia where it was considered that it was illegal to carry any type of knife other than a simple folding or legal pocket knife, these perceptions have become increasingly out of date.
As of 1st July 2012, the illegal carry of knives without good reason was amended to allow the carrying of any type of knife unless specified in the law. Any knife such as the dirk, bowie, and a wide range of concealed blades or swords are no longer expressly prohibited and therefore can legally be carried without a good motive, unless local law specifies otherwise.
Further developments to existing knife laws were made in 2013 when the law allowed the transportation of gravity knives , curved swords, "instruments designed for the purpose of laceration", stilettos (used for grooming rather than as offensive weapons), and "tools used or carried for legitimate business purposes" and now consider many other blades as tools than weapons, aside from certain special cases.
For instance, cramp tools which are used for climbing purposes are also now permissible.
This new legislation allowed the blade of any kind of knife, sword, sword cane, or dirk to be carried openly provided they are not prohibited by local code and other restrictions relating to size and blade type.