Fear of street gangs was the reason behind outlawing switchblades in the beginning.
Switchblades, also sometimes called automatic knives, pushbutton knives, ejector knives, flick knives, or flick blades, have been illegal in Michigan and the rest of the USA for years. As defined by the federal government, a switchblade is “any knife having a blade which opens automatically — (1) by hand pressure applied to a button or other device in the handle of the knife, or (2) by operation of inertia, gravity, or both.” However, despite the fact that they sound handy and easy to use, they have been outlawed for more than half a century.
The reason? With the Switchblade Knife Act of 1958, the federal government outlawed the production, transportation, and possession of switchblades. Interestingly, Michigan didn’t have to follow in federal footsteps on this one, as it’s been illegal to own a switchblade in the state of Michigan since 1931. However, Senator Rick Jones, a former Michigan Sheriff from Eaton County, believes that the law is being unevenly enforced across the state. In addition, he doesn’t think it’s a law that even makes sense any more.
“For years we’ve had on the books it’s a violation to have a knife with a mechanical way of opening it. And this has led to a lot of people being charged with a 1-year, high misdemeanor and it really isn’t necessary.” Senator Jones said after the vote. “They’re currently being sold all over Michigan, and I think it would be a terrible mistake to give a young person a year in prison for buying something they think is legal.”
Many people speculate that the original outlawing of switchblades came as a reaction to Hollywood’s attempts to glamorize the ‘bad boy’ character in the early days of film. Movies like Rebel Without a Cause, The Delinquents and finally Westside Story promoted the idea that roving gangs of dangerous criminal youth were threatening society, and had to be stopped. Movies depicted them as armed with switchblades and itching for a fight, which made outlawing “gang blades” an obvious next step.
A lot has changed in half a century…
While this concern may have sounded valid in the 1950s, weaponry has changed significantly since then. As Senator Jones points out, “If a guy were in a gang fight today and pulled out a knife, he’d probably get shot.” Switchblades are no longer the weapon of choice for gang fights and street crimes, although FBI stats show that knives are still considered to be very deadly weapons, and in some cases are considered more dangerous than guns.
Senate Bill 245 aims to amend Michigan’s original switchblade law. Specifically, the portion that outlaws knives that open with mechanical assistance, like switchblades. In a 36 to 1 vote, the bill passed the upper chamber and moved on to the Senate Judiciary Committee, where it was approved by 5-0. Next stop is the Senate floor, where the bill would have to receive approval from the full Senate, followed by the full House, before finally landing on the Governor’s desk for a signature.
Weapons charges in Michigan are treated as very serious crimes. There are so many people in prison right now for possession and sale of weapons that they never had any intention of using for criminal activity. Being caught with an illegal weapon can result in extremely harsh penalties for people who are convicted. That’s why it’s so important to have a skilled criminal defense attorney who understands Michigan’s weapons law.
If you or a loved one are accused of a weapons related crime in Michigan, contact The Kronzek Firm immediately and speak to an experienced criminal defense lawyer. We believe that the circumstances of every case are different, and that each case calls for a careful, guarded analysis before strategizing a strong defense. We have spent decades successfully defending the rights of Michigan residents, and we can help you too. Call us at 866 766 5245. Someone is available 24 hours a day, 7 days a week to discuss your situation and provide experienced legal advice.