Mississippi Knife Laws: Essential Features and Legal Guidance
Mississippi Knife Laws Overview
In Mississippi, knife laws are governed by a combination of state statutes and common law principles that dictate when, where, and how knives may be carried. Broadly speaking, Mississippi law distinguishes between lethal and non-lethal knives, and limitations imposed depend on this distinction. Non-concealable knives, such as switchblades, daggers, and stilettos are deemed "offensive weapons" under Mississippi Code Annotated Section 97-13-1. Although the term "offensive weapon" has not been well defined in case law, it is generally understood to apply to knives which automatically open by means of a mechanical or spring device. These types of knives may not be carried openly on the body, although they may be transported in a car. Exceptions apply for the aforementioned situation, as well as for collector’s and sportsman’s knives.
Lethal knives, classified as any knife or razor with a blade length of over four inches, are treated similarly to lethal firearms in the state of Mississippi. Carrying lethal knives without a permit is a felony punishable by up to ten years in jail. Again , exceptions apply to persons maintaining an open car in a public place. Missing from this general legal framework, however, is any specification regarding concealed carry of lethal knives.
The state law on the books appears to prohibit all concealed carry of lethal knives, but where this assertion to its logical conclusion would require Mississippi courts to adopt a virtually universal prohibition on carrying knives. This rarity, as compared to other states, along with the generalized dearth of legal authority interpreting Mississippi knife law on the question of concealed carry, renders any assessment in this regard too speculative to make with confidence. For all intents and purposes, however, it is undoubtedly true that reckless or careless carrying of lethal knives concealed from the view of others can expose one to considerable risk.
Mississippi law also restricts the sale of knives to minors. Any sale of knives or other weapons to a person under the age of 18 is forbidden. Also prohibited is the gift of knives or other weapons to persons under the age of 18, but this prohibition does not apply to gifts from parents or legal guardians.
The Knives Allowed in Mississippi
The following types of knives are legal in Mississippi, subject to certain limitations and restrictions:
Switchblades
Switchblade knives are not authorized in Mississippi, as they are still subject to criminal prohibition as dangerous weapons under Mississippi state law. Switchblade knives can be defined as any knife with a blade that automatically opens when the handle is pressed or a button is triggered.
Fixed Blade Knives
Knives such as stiletto, dirk, bowie, and any other type of fixed-blade knife are permitted in Mississippi state law, and there are no length limitations on the blade lengths of any such knife types. The one limitation, however, is that these knives are not allowed in public places where weapon or firearm possession is illegal.
Folding Knives
Folding knives, such as pocket knives, are also permitted according to Mississippi law, and there are no possible limitations on length that are specific to folding knives. There are, however, popular restrictions according to some cities and counties, and this includes prohibitions on folding knives with blades longer than 2.5 inches. Otherwise, folding knives are legal in Mississippi.
Concealed Knife Carry
The regulations on the concealed carrying of knives in Mississippi are fairly straightforward. In order to carry a knife in a concealed manner, persons must possess what is known as a concealed weapons permit. The permit process in essence requires that applicants undergo a background check and possibly other screening processes. Once obtained, the weapons permit will allow a person to carry knives out in the open as well as in a concealed manner.
Knife Restrictions in Restricted Locations
It’s a misdemeanor to carry a knife ready for use into any of the following:
- (1) Any place where a school activity is being held.
- (2) Any public or private elementary, middle, or high school.
- (3) Any public welcoming place.
- (4) Any place of worship.
- (5) Public transit facilities.
- (6) Places of employment when prohibited by employer policies.
- (7) Private property when prohibited by posted notice .
- (8) Public parks.
- (9) Public sidewalks.
- (10) Publically owned convention centers.
It’s a felony to carry a knife ready for use into courthouses, prisons, and other secure facilities.
The penalties are:
One year, a fine of up to $1,000, or both unless otherwise noted.
Note: The above information is provided without any knowledge of the circumstances behind a ban on a dangerous implement such as a knife.
Exemptions From Knife Rule Enforcement
In addition to the general limitations on blade length, Mississippi has a number of exceptions for the lawful carrying of a knife. Any knife can be carried on any form of public or private property when on your own property, at your home, or at a property you use as a residence on a regular basis (not a vacation home). A handgun license may make a person immune from prosecution for carrying concealed knives over 2 inches in blade length under certain circumstances.
Keep in mind that ordinances, regulations, and rules in specific places may limit or even prohibit knife carry in certain areas. Consider the following:
The legislature made an exception for blades over 2 inches in state law. The intent was not so that individuals can carry swords "in their waistbands" as one pro-gun Representative put it. The intent was to protect homeowners and those carrying knives on public roads. Put another way, those who walk along rural roads looking for "iron treasures" to refurbish will not be carried away in handcuffs as long as the knives are not concealed.
Use of period knives, swords, and bayonets as a prop at historical reenactments and for training/educational purposes is considered lawful under the knife law. It is also considered an exception to the rule if the knife or sword is used by a sports competitor within the context and rules of the competition.
Penalties for Knife Law Violations
Knife laws in Mississippi carry a range of penalties for those convicted of violating them. Generally, these penalties are based on the type of crime committed—when it comes to knives, these are either misdemeanors or felonies—along with options for those who face these charges.
Violating most knife laws in the state is a misdemeanor offense. Typically, if the knife is concealed and the person carrying the knife is found to have had a previous felony conviction, the charge is upped to a felony knife crime. Below are some examples of what these crimes entail and the penalties faced for convictions.
If you are accused of violating knife laws and you have not been involved in a previous felony knife-related offense, you might face a misdemeanor charge for illegally carrying or concealing a knife. This will be a Class 2 misdemeanor, which is punishable by a fine of up to $1 , 000 and/or a prison sentence of up to six months.
However, if the prosecutor can prove that you were violating knife laws while committing a felony, this will lead to more severe charges. Carrying and concealing a knife during a felony is a Class 6 felony and carries a minimum prison sentence of one year and a maximum of two years with up to five years of probation. Generally, if the knife-related felony is a three-time offender case, the prison sentence can be increased to 5 years.
Knife crime defenses in Mississippi are somewhat limited. In general, though, it can be argued that the person was unaware of the laws, or did not have actual possession of the weapon. Sometimes it could be that the knife is a form of art or jewelry rather than a weapon, so it is not really an illegal blade—but this is up to the judge and the circumstances of the specific case.