OTF Knives Explained
OTF stands for Out-the-Front…meaning that’s the type of knives that have a sliding blade out of the front of a handle. And when you press the button (or pull down the lever, or whatever mechanism is involved), the knife can fly out into its cutting position. In other words, "out the front."
Those old switchblades from back in the day? That’s really what these are. OTF’s are like switchblades in that they have a sliding mechanism that causes the blade to "snap" open and slide out the front of the handle when you press a button (or do another crucial action). But the difference between switchblades and modern OTF’s is that they use a compressed spring rather than a standard blade lock mechanism that is pressed to unlock the device.
Yet these OTF’s have a blade that is always exposed , meaning the blade actually isn’t folding at all. And therefore, technically speaking, they’re not really considered "knives" in the traditional sense that we’re used to—deployed with a blade that folds up into the handle. Rather, OTF knives are considered tactical or automatic knives, only used nowadays in modern-tactic (warfare-related) situations.
In short, OTF knives are considered automatic knives, and therefore their legality in Georgia is governed by the state’s automatic knives statute. And similar to other knives, OTF’s don’t require a permit to possess them in Georgia. So long as you have never been convicted of a felony involving a weapon, you should be able to legally obtain any type of OTF knife.
Georgia Knife Statutes
Georgia knife laws, like most other laws in the state, are complex and regularly amended by the state legislature. Here is a brief overview of these laws as they specifically apply to the types of knives our clients typically ask us about.
Generally, Georgia state law regulates knives in one of two ways:
1. By class (typically defined as "dagger" or "dirk")
2. By blade length (with some common exceptions to the rule)
What are daggers and dirks?
Dagger and dirk are defined in O.C.G.A. § 16-11-121 as:
… any knife having a stout blade and a wedge-shaped point, designed for piercing and used or intended to be used for cutting and stabbing another by holding the handle and forcing the blade and point into the body of the other, such blades being well sharpened and usually having the "false edge" on the back for at least part or the whole of the distance from the point to the hilt; dirks also being known in commerce as "scabbard knives," except that knives commercially known as "dirks" and "scabbard knives" which have the blade dulled or the edge thereof tempered to a degree that would prevent the knife’s use as a stabbing instrument are excluded from this definition
In 2014, the Georgia legislature added language to O.C.G.A. § 16-11-127 stating that a "dagger" can also refer to "any pocket knife or other residential, commercial, recreational, or other purpose tool that has a folding or retractable blade… and that has a blade that is 5 inches or less in length."
What are daggers and dirks and other knives prohibited in Georgia?
Generally, you can possess daggers, dirks and knives with blades up to 12 inches long.
Georgia laws does not require you to…
Georgia law states that you are guilty of a felony if you are caught…
OTF Knives and Georgia Law
Georgia has no legislation specifically addressing OTF knives. OTF knives and similar knives with blades or any other cutting devices that extend from a housing and retract back in the same housing, are called "automatic knives" in Georgia law, and are subject to the same general permitting requirements as other knives and blades.
Under O.C.G.A. §16-11-32.1, you can’t "possess, use, or carry any … detachable blade knife commonly referred to as a ‘dirk,’ ‘dirk knife,’ ‘dagger,’ ‘stiletto knife,’ ‘ballistic knife,’ or ‘blade of whatever length." O.C.G.A. §16-11-126 prohibits carrying a knife in public places (such as parks) without a permit. You do not need a permit to own a knife. Also, O.C.G.A. §16-11-127 prohibits anyone who has been convicted of any armed robbery charge on or after July 1, 1981, or any "crime of violence" from receiving a permit under O.C.G.A. §16-11-126.
OTF knives are typically excluded from the term ‘dagger’ under Georgia law because Georgia law defines a ‘dagger’ as a "double-edged knife" whereas OTF knives have only one edge (the top)—the blade is not counted as double-edged because it displays no cutting functionality, but merely breaks the surface. This is distinct from switchblade knives, whose blades do count as double-edged.
Transporting an OTF Knife
Having established clear definitions regarding the legality of OTF and automatic knives in Georgia, we must turn our attention to how these knives are to be carried. The laws relating to the carry of OTF and auto knives in Georgia are somewhat more convoluted than those regarding ownership and transfer.
O.C.G.A § 16-11-131 states that "it shall be unlawful to carry, either openly or concealed, any knife or dagger." A violation of this statute can be punished with up to one year in jail and a fine not to exceed $1,000 (O.C.G.A § 16-11-132). But the language of the statute has a couple of relevant exceptions.
The exception states: "This Code section shall not apply to any "common pocket knife," […] or "any dangerous instrument other than a firearm," of any kind not enumerated in the definition of "weapon" set forth in Code Section 16-11-120 [including "any dirk, bowie knife, switch-blade knife, ballistic knife], knife having a blade of any length, straight-edge razor, knife commonly known as a "stiletto," … or the like, unless the weapon is intended for unlawful purposes."
While none of the above-mentioned knives are defined in Georgia law, it is important to note that the common understanding is that any knife which converts from a "folded position" to a "blade-exposed position" with the touch of a button, spring-loaded, lever-loaded, gravity-assisted, etc., is still considered a "dirk, bowie knife, switch-blade knife, ballistic knife," or "stiletto." After the recent passage of HB 292 in 2014, OTF knives are now omitted from the law as a specific forbidden class of knife. The prior punishment for violating this code section was a felony; under O.C.G.A § 16-11-132 in 2017, that punishment was reduced to a misdemeanor, which can be punished by a fine of $1,000 and up to a year in jail.
So put plainly, all knives other than a "common pocket knife," which includes automatic knives, may NOT be carried in Georgia in a public place, openly or concealed, without the intention of committing an unlawful act. A Georgia judge will determine what constitutes "an unlawful act" on a case-by-case basis.
Purchasing an OTF Knife Legally
Georgia law holds that the minimum age to purchase a knife of any kind is 18 years. If you’re an adult, there’s no waiting period to consider. Both state and federal law hold that a transferee of a knife is someone who is 18 years or older . However, be aware that certain locations (such as school grounds and federal facilities) have their own restrictions when it comes to knives, so know your venue, as well as any additional regulations that may apply to sales.
On the seller side, there are a few responsibilities a knife vendor has before selling a knife to someone in Georgia. A sales representative must:
Make sure you can meet the above requirements before selling an OTF knife in Georgia.
Criminal Penalties for Illegal Carry or Use
Legal Consequences for Illegal Carry or Use of OTF Knives in Georgia
The personal liberty to own and carry knives does come with some caveats, though. All weapons in Georgia are classified as dangerous instruments, meaning that the law does not necessarily differentiate among them based on size or function. All blades are simply knives, and all knives are potentially dangerous – therefore any usage of weapons in public that is perceived by law enforcement to be dangerous can lead to criminal charges.
In Georgia, you can be charged with a crime for carrying a knife with the intent to commit a crime. What constitutes intent, and when does it apply to knives?
It’s not that simple. Even if you don’t intend to use a knife against another person or victim, you might still be charged with the crime of possession with intent to commit a crime if a judge deems your actions to be suspicious and threatening. In fact, you might even be charged simple under the presumption that any knife in your possession can be used against another person.
Guns have a specific meter for determining intent. You are presumed guilty for carrying a gun with the intent to do harm to another person unless you can prove that you were carrying the gun to protect yourself. If you were carrying your gun for any other reason, you are a danger to the public and have the intent of harming someone.
Georgia does not afford this same assumption with its knife laws. No matter the situation, you are a threat to the public if you are carrying a knife, even one designed for recreational use and games. You are simply guilty of having a dangerous weapon on your person, and you can be charged with the same crime as someone who carries an array of knives designed for use against other people.
Guilty of using an OTF knife that is too long? You can be billed for a fine or jail time – or both. OTF knives are classified in the same way as any other weapon in Georgia. They are not classified as switches, or switchblades. Switchblade is another word for automatic knife but has a different legal definition.
Georgia OTF Knife Laws vs Other States
Georgia’s knife laws are some of the most permissive in the country, at least when it comes to knives in general. The state imposes only a few restrictions on the possession or carry of blades, including knives. The only kind of knife that is explicitly prohibited in Georgia is a "switchblade" (defined as an "automatic knife" by Georgia law). Even dirks and daggers, which are technically illegal in the Peach State, are not enforced.
Unfortunately, because Georgia’s knife laws are so permissive, knife rights advocates in the state have not brought cases to court to establish with certainty whether OTFs are legal to carry. In the absence of Georgia appellate court decisions on the matter, the Attorney General issued an opinion in 1975 that declares these knives (even automatic OTFs with which the blade must be manually disengaged) to be illegal. The AG’s 1975 Opinion only offers persuasive authority for the legality of OTFs in Georgia. This means that individuals may continue to disagree on the legality of OTFs—and remain subject to arrest and prosecution on the basis of that disagreement.
Several other states, however, do have definitive court decisions and/or opinions on the legality of OTFs. Potential possibilities include:
Missouri – Missouri’s knife laws are not especially permissive, generally. That said, the state defines a "dirk," "dagger," or "knife" as any blade over four inches. Since most OTFs have a blade length of less than four inches, they are not categorized as dirks, daggers, or knives in Missouri’s laws. Although automatic knives remain technically illegal in the Show-Me State, there are no cases on record discussing whether such knives fall within the state’s generally prohibitive definition of a dagger, dirk, or knife .
New Mexico – New Mexico’s knife laws are similarly tough to enforce, given that most knife laws are mere "class C" misdemeanors unless they occur in a commercial setting or involve a large number of knives. Nevertheless, if you happen to get caught under one of the tougher sections of the state’s knife laws ("metallic knuckles", "bowie knives", "dirks or wantons", "slingshots, any kind of metal or iron darts or slugs, or any kind of metallic or other dangerous missiles"), you could face a second degree felony charge in New Mexico, with a maximum of nine years’ imprisonment.
Pennsylvania – With a knife law seemingly for every occasion, Pennsylvania’s prohibitions on knives are nearly endless. The state has determined that OTFs, along with knives involving a spring-operated blade, are not permitted. Even those types of spring-operated knives that must be manually disengaged are considered "switches," and thus illegal.
Tennessee – Tennessee law is similar to Georgia’s in that it does not include OTFs within its listing of knives that are illegal to carry. Nevertheless, an 1889 Tennessee Supreme Court opinion declares that the state’s knife laws are intended to prohibit knives that are bound to cause death or serious bodily harm, and that automatic knives fall within this category.
Texas – Texas is the obvious choice for knife rights advocates. Not only have the state’s knife laws enjoyed a full legislative overhaul in recent months, but the law now declares OTFs to be completely legal to carry, not just in public but also on school grounds.
Virginia – Last but not least is Virginia, which is known to be very permissive where knives are concerned. In fact, these laws are such that no individual can be prosecuted for knives carried openly with intent to harm. Although not expressly mentioning OTFs, Virginia would likely treat such knives as illegal only to possess with intent to harm.