Kansas Knife Statutes Explained
The laws relating to knife carry in Kansas take a purely statutory approach. In essence, any specific knife problem is usually solved by determining if the knife meets the legal definition of the specific type of knife. Kansas knife laws use a fairly limited list of knife types, so regardless of how complex a knife issue may be, Kansas lawfully determines whether the knife in question meets the four different definitions of prohibited knives.
The four types of prohibited knives are:
1. "Any instrument that consists of a straight, metal blade having a double or multiple-edge sharpened surface and a hilt or handle for the purpose of inflicting injury."
2 . "Any treacherous, striking, stabbing or cutting instrument… which is likely to inflict death or serious bodily injury."
3. "Any knife that has a blade which opens or closes automatically by gravity, by pausing on the blade, by any mechanical means or by power springing release…."
4. "Any knife that has a blade that can be opened by one hand and has a blade which is exposed in the opened position by a mechanical device [that releases or locks the blade when force is generated to the handle]."
As a note, the Kansas attorney general has issued an opinion which provided that laws prohibiting the possession of specific types of knives are not meant to prohibit knives which are not specifically enumerated in those statutes.
Knives Legal to Carry in Kansas
Types of Legal Knives to Carry in Kansas
The state of Kansas concentrates its knife laws to one statute, K.S.A § 21-6304. Kansas law applies the same terms and conditions to a "blade", whether it is a knife or a sword. The law prohibits two (2) categories of knives for civilian ownership according to this glossary:
These defined terms imply there are types of knives and swords which are lawful to own and carry.
Illegal "Blade" Weapons (Not Allowed in Kansas)
If you possess the below-listed weapons, they are illegal to manufacture or sell in Kansas:
Legal "Blade" Weapons (Allowed in Kansas)
The following weapons are legal to own and carry under Kansas law:
There are no limitations in the state law on the length or size of any of these knife weapons.
Knife Restrictions and Banned Knives
Knives fall into several categories when it comes to determining if one is illegal to carry concealed or open – usually these fall under Criminal Carrying Weapon [KSA 21-4201] (Kansas R.S.A. § 21-4201). When more specific statutes related to certain types of knives are violated they can be charged as a criminal violation of KSA 21-4201. For example, Carrying Sword canes with concealed blades can be charged as criminal carrying weapon and as (criminal carrying a concealed weapon).
There are no Kansas state statutes related to the carry of knives.
Any knife can be considered a dangerous weapon in a Kansas knife carry court case. However, certain knives may fall under narrow definitions that may increase the chances of having charges filed. A Kansas knife charge that falls under KSA 21-4201 may be charged as a class B person misdemeanor for carrying any "dangerous knife" with a blade longer than 4 inches, or as a class A person misdemeanor for carrying a "cutting instrument" with a blade longer than 4 inches.
Criminal carrying a weapon charges are normally filed as a result of having dangerous knife on your person, but other items, like swords canes, throwing stars, blades, nunchaku, throwing knives, daggers, dirks, stilettos, blow guns and shuriken can also result in a charge of criminal carrying a weapon.
The following knives are not permitted to be concealed, but can be carried openly without any criminal penalties: These items are: a pocket knife, butcher knife, paring knife, pen knife, utility knife, machete, folding knife (with sorts blade), combat knife with short blade, and sheath knife that does not have a blade longer than 4 inches.
KANSAS SWORD CANE DEFINITION AND PROHIBITIONS
A sword cane: A sword cane is prohibited unless it has a blade that is less than 4 inches long, the blade is concealed, and the sword cane is carried away from the person to whom it belongs. Furthermore, sword which exceed 4 inches in length must be cased completely within the cane itself. It cannot be for the purpose of concealment.
Short, blunted blades are not considered as weapons under this statute.
THROWING STARS DEFINITIONS AND PROHIBITIONS
Depending upon how the throwing star is defined in the court system, this may not apply to throwing knives.
Shuriken: is defined as a throwing star, metal or plastic throwing disc having multiple sharp points, points, or blades.
Fukuraibo: a type of relay baton that is approximately 13 inches in length, 1.5 inches in diameter, and made of wood, plastic, or other material. This type of baton is also known as "a shuriken with a handle."
FUKURAIBO DEFINITION AND PROHIBITIONS
A fukuraibo: must be prohibited if it has two or more points, blades or sharp ends. A fukaibo with a single, long, pointed end is permitted.
Knife Carry When Concealed
Concealed Knife Carry Laws in Kansas are similar to those on firearms. It states that residents of Kansas or any other U.S. state or territory seeking a license for a concealed carry of a knife have to meet a few requirements.
They have to:
• Not have been convicted or entered into a diversion agreement for a felony criminal offense.
• Not have two or more convictions or entered into diversion agreements in the last five years for class A or B misdemeanors.
• Be of good character and reputation.
There is no waiting period for residents of Kansas, they simply apply for the license and if approved after a background check, they can then carry a knife concealed. If you are a resident of a U.S. territory, you may only apply for a license if that territory also issues concealed carry licenses.
If you want to go out-of-state with your concealed knife carry license, certain states will honor a Kansas license as they are part of reciprocity agreements Kansas has with these states. On the other hand, there are states that do not honor a Kansas license, so you should contact the state police or the attorney general’s office before traveling with your Kansas license.
Carrying Knives at Certain Places
Special rules and prohibitions may apply when carrying a knife in certain locations. Kansas Knife Law requires such an analysis for schools, government buildings, private property, and other locations.
Schools
Kansas public schools have specific rules regarding blades. Carries on school property. No one can "knowingly operate or transfer a knife of any size in or on any property owned by, controlled by or in use as a school." K.S.A. § 72-89a01(a). Exceptions to the ban apply, including:
School grounds. No person can "knowingly possess" a knife of any size on "any property owned by, controlled by or in use as a school." K.S.A. § 72-89a03(1). This limitation does not apply to parents, guardians , or school employees if an emergency requires the possession of the knife on school grounds; or students with a prescription for the knife who "handle or use the knife under adult supervision as part of a course of instruction in several career and technical education programs."
Government Buildings
Courts. Knife of any length is prohibited entry into the building. The prohibition does not apply when:
State Capitol. Knife of 4 inches or less is allowed; knife of 4 inches or more is prohibited entry.
Department of Corrections Buildings. Knives with a blade of 3 inches or more cannot be brought into or possessed in these facilities.
Other Courts and Government Buildings. Knife of 4 inches or less (with a Round 2.5-inch hilt or a width of 1 inch) is allowed. Knife of 4 inches or more is prohibited entry.
Private Property
An individual may generally carry a knife onto private property – subject to any restrictions imposed by the property owner.
Punishment for Knife Law Violations
The penalties for violating any Kansas knife laws will depend largely on the circumstances and the laws themselves. Kansas does not have a provision mandating minimum sentences but certain violations may carry minimum mandatory sentences. As a range, the penalties might include the following: Fines: $15 to 250 for illegal possession. Prison: 1 year for criminal use of a weapon to 20 years for possession of a "dangerous weapon". People convicted of illegally carrying a knife could be forced to pay a fine ranging from $15 to 250. Repeat offenders can be fined up to 1,000. While rarer, a violation of knife laws can lead to imprisonment – anything from one year for criminal use of a weapon to 20 years for possession of a "dangerous weapon." Criminal use of a weapon means either using or threatening to use a deadly weapon or using of a weapon during a civil disorder or riot. That means the lawyer assistance of an experienced and local attorney should be sought immediately to lessen the chance of harsh penalties.
Latest Updates and Changes
In recent legislative sessions, several amendments have been made to Kansas knife carry laws and regulations. Among these changes, the Kansas legislature has placed restrictions on certain types of knives in schools and other locations. Most notably, state law now prohibits most individuals from bringing knives onto school property, in a school-sponsored activity, or knowingly and without authorization on school property or at a school-sponsored activity. What constitutes a school is any accredited kindergarten through grade 12 school. However, an exception is for individuals who possess, use, or carry a prescribed knife to perform their official duties or responsibilities. Such type of knife is limited to the kind used by teachers, administrators, custodians, maintenance workers, school resources officers, or other security personnel while on duty. The school facility exception does not apply to the carrying or use of knives with a blade length of three inches or less that are carried or used for classroom, physical education, or recreational purposes . Special exception was also given for school blade length. This includes knives utilized by teachers or administrators to perform work duties beyond what is normally considered school related activity (e.g., for preparing classroom activities, for recreation or physical education) or for children under 12 years old for their classroom, physical education, or recreational purposes. In such instances, a blade length of three inches or less is permissible. For any blades over this size, this exception would not apply and the knife would fall under the normal school restriction. Consent to be searched on school grounds is not the same as consent to be searched because the reason must relate to student safety, a safe and orderly environment, and prevention of contraband. This means there is no blanket consent that is implied but rather school officials have written policies and procedures that must be followed and that must pass constitutional muster. In addition, a plastic knife is not considered a dangerous weapon which means it is legal to possess at school or school sponsored activities.