Automatic Knives Explained
To clarify, an automatic knife is one that has one of two characteristics: either a folding blade that opens automatically, or a non-folding knife with a blade that opens upon a buttonpress and locks. Automatic knives — also known as "switchblades" or "switches" — can be sub-categorized into three categories: (1) the standard switchblade; (2) the side-opening switchblade; and (3) the "out-the-front" (OTF) switchblade.
With a standard switchblade, the blade of the knife opens parallel to the handle. With a side-opening switchblade , the blade opens from the side parallel to the handle. And with an "OTF" switchblade, the blade opens once actuated by a mechanism in the handle and shooting "out the front", or parallel to the handle when the blade is deployed.
The most common use for automatic knives is for practical matters — such as to open boxes. Other popular uses include those within the scope of the legal profession — such as for paralegals to expedite the opening of boxes and packages.
An Overview of Oregon Knife Laws
Oregon knife laws are often thought of by law-abiding citizens as unfriendly, and the general perception is that the state has relatively restrictive knife laws. However, while the possession of automatic knives or switchblades may not be prohibited, other restrictions such as blade length limits apply, and there are significant restrictions on sales, carries, and transfers of certain pocket knives.
The Oregon legislature repealed its old knife laws in 2015 for the third time, and in this latest iteration, "automatic knives" (also known as switchblades or spring-assisted knives) are no longer restricted. However, it is still illegal to sell a knife in Oregon that is capable of wounding a person to an immediate degree, including reducing that person to prostration or permanent disablement in self-defense, which is a Class C felony.
When the automatic knives ban was repealed in 2015, the legislature also repealed a law that made it a felony to carry an automatic knife. In the Senate Judiciary Committee, Governor Kate Brown’s Office gave the following testimony on her requests to remove such knife laws:
The intention of this bill [SB 148] is simply to replace outmoded knife law with language that protects against the use of deadly weapons, all deadly weapons, in the commission of crimes. The concept is accountability for those engaged in criminal activity rather than targeting the property of Oregonians who abide by the laws.
Oregon updated several criminal defense statutes in 2021 relating to knives thanks to a large state criminal reform package that reformed minor crimes committed by youth. However, most of the reforms had an equivalent in the old laws, but in 2021, Oregon law differentiated between "deadly weapons" and "dangerous weapons." "Dangerous weapons" are now defined as knives longer than five inches, among other things, while "deadly weapons" are defined as instruments used in a manner that is capable of causing death or serious physical injury. Because "dangerous weapons" can be knives that are less than five inches long, these lengths become critical for determining the legality of sale or carry of certain knives.
Are Automatic Knives Permitted in Oregon?
As of August 2019, no law in Oregon makes "automatic opening" knives (also known as "switchblades" or "switchblade knives") specifically illegal. However, certain automatic knives are still regulated in Oregon with respect to where they can be carried on a person’s body. Like other knives, homeowners are also allowed to possess automatic knives. One Oregon court has interpreted the applicable state law "to prohibit the sale and manufacture of purely automatic-opening knives but to permit their possession", and it further held that the law allows all personal use of automatic knives by those who are not engaged in the restricted activities. State v. Herrin.
Oregon does have a couple of statutes regarding automatic knives. ORS 166.270 makes it a Class B felony, punishable with up to 10 years in prison, to manufacture, import, possess, sell, offer for sale, barter or transfer an "automatic knife" under certain circumstances. The statute uses language that is similar to what many might think of as a "bounty hunting knife" but it is important to note however that automatic knives, like all knives, may be used to hunt and kill animals and they are also regularly used as tools. See "Automatic Knife Definitions".
Penalty for Possessing an Illegal Knife
Oregon automatic knife law is specific that possession is not illegal, but it is unlawful to sell an automatic knife or use one in a threatening manner. Because the law is largely victimless, very few people ever face consequences for violating Oregon’s automatic knife law. However, because it is broadly written and subject to interpretation by law enforcement and prosecutors, there are times when what seems to be a minor issue can end up in a serious legal matter worthy of lasting consequences.
If deemed necessary, officers may issue a citation for unlawful carry of an illegal knife, which can include a fine. The fine will amount to $250 maximum for carrying certain knives, or $500 for carrying certain knives with intent to use in an aggressive manner.
If you are charged with unlawful possession of an automatic knife, the law provides for two classes of offense, with penalties as follows:
Class A violation
Fine up to $2,500
Class B violation
Fine up to $1,000
As stated, these penalties are generally only applied when it can be shown by law enforcement that you used an automatic knife in an aggressive manner. In such cases, the penalties will rise significantly, depending on the severity of the case, which can result in more severe jail time, fines, and other penalties. Below are some of the additional offenses that could result in jail time and other penalties related to weapon use:
These issues can become extremely serious, as such charges can amount to fines in the tens of thousands of dollars and jail time ranging from a few months to several years.
Where You Can Buy Automatic Knives
In Oregon, automatic knives can be sold and purchased legally through dealers who are licensed by the state. This licensing requirement does not apply when knives are sold between individuals under circumstances that fall under ORS 166.270. Examples of such circumstances include sales made via internet auction sites . While internet retailers can sell and ship automatic knives into Oregon, these knives can only be delivered to purchasers in person by the distributor if the purchaser is a person who the distributor has reason to believe is duly licensed for distribution of automatic knives within the state. However, statute also requires that the purchaser provide "proof of age" before completing the sale and transport of the automatic knife into the state.
Knife Ownership Safety Tips
Ensuring that you are knowledgeable about your local knife laws is the best way to protect yourself and remain a law-abiding citizen. This knowledge will help you avoid any inadvertent violations while using or carrying your knives. Owning automated knives and similar tools can be a lot of fun and function as the perfect multi-tool for any occasion. However, it is critical that in order to safely use these tools, the following tips should be kept in mind: All knives should be stored well out of the reach of small children who may be tempted to toy with them. Don’t cut towards yourself or others. Always keep your hands and fingers behind the cutting path. Never use a dull blade, as this is when most accidents occur. Dull blades are dangerous because they are more likely to slip from the intended target while cutting it. Always ensure that everyone in the vicinity knows that you are about to use a knife and that they are at a safe distance. Otherwise, there is a risk of unintended injury to you or others in the vicinity. Make sure your hands are dry when using a knife as some blades can slip if your hands are sweaty or slippery.
Federal Knife Law Considerations
Automatic knives are subject to regulation or prohibition under federal laws, and those restrictions can have a direct impact on the legality of knife possession in Oregon. For example, the federal Switchblade Knife Act of 1958 (15 USC §1241) prohibits the importation of switchblade knives, or daggers, including Dirks and stilettos, meaning any knife that opens automatically by gravity , by centrifugal force, or by a mechanical action. Under 15 USC §1242, importing certain automatic knives for personal use is illegal as well; if you possess an automatic knife prohibited by 15 USC §1241, you cannot import it to the United States unless it is for your own personal use, and even then you must disclose that it is for personal use and not for resale.