What Exactly Are OTF Knives?
OTF (Out-The-Front) knives are a category of knives that have a sliding blade that is housed within the handle. These knives are named "Out-The-Front" because of the way the blade deploys from and retracts into the top of the handle rather than the side of the handle, like other types of knives. OTF knives are considered automatic knives, or sliding knives, because the blade is released by pressing a button, lever, or pulling a cord.
OTF knives have multiple uses, aside from the obvious use as a weapon. OTF knives are preferred by many consumers because they are often more convenient than other knives. A knife user does not have to use both hands to deploy an OTF knife, and users can deploy the blade of an OTF knife from the palm of their hand, or while their hand is in their pocket. Some consumers also prefer this type of knife because the blade is more concealed until it is deployed. This helps OTF knife users avoid accidental use or accidental injury when carrying this type of knife.
While this type of knife has been around for many decades , OTF knives have grown tremendously in popularity in recent years. A recent trend in OTF knife use has resulted from changes to how people carry knives. In the past, knives were often carried as utilitarian tools. But now, knives are used by many people for a variety of reasons, including for self-defense and as a protected property.
Because knives (including OTF knives) have grown in popularity as personal protection items, some designers have developed "self-defense" knives where the focus is on effectively protecting the user. These types of OTF knives are designed to specifically penetrate flesh, while other OTF knives are designed for practical use.
How Tennessee and Other States Regulate OTF Knives
Some of the most notable OTF knife brands include Microtech, Benchmade, Pro-Tech, SOG, and Boker.
As with other knives, the legality of OTF knives is controlled at the state and local level, meaning that the law will likely vary from state to state. Some states and localities prohibit knives of any kind, including OTF knives, such as New York City. Other states, like Tennessee, do not regulate the use of OTF knives.
An Overview of Tennessee Knife Regulation
Since 2014, the possession of any knife, including switchblades, automatic knives and dirks, has been legal in the state of Tennessee – with some exceptions. State law pre-empts local laws that ban or limit knife possession or carrying of knives in most locations, but there are a few notable exceptions. Carrying of any knife on a school bus, any school grounds, public parks and playgrounds, or state and local government buildings is insufficient by itself to make a person guilty of violating the prohibition against committing a crime on those properties, but the undesirable perception of "people with knives" on these properties can lead to arrests.
Some counties and municipalities such as Memphis, Fayetteville and Nashville have outlawed the open carry of knives. An interesting exception to the general law is the limited exception allowing county commissioning officers to carry dirks, bowie knives, and other weapons while performing their official duties. Like the negative perception of "people with knives" in sensitive areas, a lack of understanding of this exception can lead to potentially be illegal arrests.
Section 39-17-1304 of the Tennessee Code Annotated provides that it is "unlawful for any person knowingly and intentionally with intent to go armed about his or her person" to carry a dirk, dagger, butcher knife or stiletto in any public place, or to go armed about the person with a pistol or revolver. Section 39-17-1305 gives counties and municipalities the discretion to enact laws governing the carrying of a concealable knife. Section 39-17-1350 prohibits the open carry or concealed carry of "any knife, razor blade, Billy club, metal knuckles, blackjack, noxious or explosive substances" at any public park, playground, school grounds, or recreational center.
Are OTF Knives Permitted in Tennessee?
Over the years, multiple laws have been on and off the books in Tennessee when it comes to knives in general. Changes to Tennessee law have included codifications to define a variety of knives and knife types, adjustments to the circumstances prohibiting the carrying of knives and a modification to what constitutes a knife. In a similar fashion to most states, Tennessee’s knife laws address: knife types, concealed carry and open carry. Specifically for out-the-front (OTF) knives, Tennessee law is somewhat opaque. In order to understand if OTF knives are legal in this state, we have to examine the particular laws which govern what is, or isn’t allowed. In Tennessee, "Any blade over four inches" is considered illegal, however, "Fixed-blade knives not having a handguard and with a blade no more than four inches in length" are an exception to the rule. Even though OTF knives have a handle, the blade is able to slide and thus alter the length of the blade. Therefore an OTF knife, as it is defined by Tennessee law, is not an exception. The first sentence of Tennessee Code § 39-17-1302 reads, "A person commits an offense who carries, with the intent to go armed, a weapon with the intent to go armed with it." While remaining consistent with other laws that define a "deadly weapon" as "any instrument the use, attempted use or threatened use of which, in the manner it is used or intended to be used is capable of causing death or serious bodily injury, a "weapon" in Tennessee has one additional requirement. Tennessee law goes on to say, "a dirk, dagger, slingshot, switchblade, or knife." Based on this definition, "knife" must mean something. However, what constitutes a knife is as unclear as its legal status. Although, there is a specific list of weapons which are not included in Tennessee’s knife laws; dirks, daggers, slingshots, switchblades and butterfly knives are all included, which further obscures the limitation and definition of what a knife is. Tennessee Code § 39-17-1351(a)(1) specifically prohibits a variety of knives, however, it does so in a highly "curly" fashion. In section (b), the limitations for carrying weapons by individuals are more straightforward. This code section reads: (b) A person commits an offense who carries with the intent to go armed a handgun or club and has been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon and is sentenced to imprisonment or probation until the expiration of the person’s sentence for the felony, which includes all time spent under the sentence for any portion of the felony conviction. (emphasis added) All in all, OTF knives are illegal to carry in Tennessee, just as any knife is. However, because OTF knives can be opened by pressing a button, thus exposing a blade that is more than 4 inches in length and more than 4 inches in width, carrying an OTF becomes a larger offense. Under T.C.A. § 39-17-1307, an OTF knife, because it would have an exposed blade larger than four inches, would be considered a deadly weapon. To those who carry a deadly weapon in the state of Tennessee, if prosecuted, it would be considered a Class E felony.
Restricted Areas and Locations OTF Knives Cannot Be Carried
The question of where you can legally carry your OTF knife in Tennessee is a complex one. The most important thing to understand is that there is nothing in Tennessee law that specifically prohibits the open or concealed carry of an OTF, or switchblade. That means that, in general, you don’t need a carry permit and are allowed to have an OTF knife at almost all locations. However, certain locations absolutely do require a permit, and other locations require a lot more common sense than simply "I think I can take my knife here."
Let’s take a look at some of the locations where it’s illegal to carry an OTF knife in Tennessee:
- Any property that has a severely limited amount of public access, like a jail or penitentiary.
- Government buildings such as city halls, county buildings, state buildings and offices, and other buildings owned by agencies, bureaus, and commissions.
- Any private property where a properly posted sign states to not bring your knife.
Are any of the locations listed above places where you should take your OTF knife? Only bring it to these locations if absolutely necessary, and expect having to argue with law enforcement about your right to carry the item. In most of these locations, police forces are known to be hostile to the open carry of ANY knife, so you can be sure that you’ll face some fierce opposition. It may be best to avoid these locations with your knife unless absolutely necessary .
Here are a few locations where you may face legal restrictions with your OTF knife:
- You can’t take your OTF knife into any school, public or private.
- You can’t take your OTF knife into any daycare facility.
- You can’t take your OTF knife into a nuclear facility.
- You can’t take your OTF knife into any area where prisoners are held.
These places also apply for conceal carry permits. If your permit does not allow any of these restricted locations, you won’t be doing yourself any good if you try to take your knife into them. It’s generally a bad idea to bring any knife, OTF or not, into any of these facilities, UNLESS you have been specifically invited. So unless you’re a kidnapper or you work there, it’s probably best to avoid bringing an OTF knife into any of these places.
So what does Tennessee law actually say about whether you can take your knife to a specific location? It simply states that you cannot bring your knife onto "a building on the grounds of or in a program authorized by TCA § 33-9-302." This refers to state mental health facilities.
You can also be charged for "possession of a deadly weapon in a park" in Tennessee. So if you’re carrying an OTF knife into a park, make sure it’s either concealed or otherwise secured from view.
And finally, carrying an OTF knife on a school bus is definitely prohibited in Tennessee. You can be charged for possession of a deadly weapon in a school zone if you do this as well.
When Can I Get Into Trouble for Carrying OTF Knives?
Violating Tennessee knife laws can result in some serious penalties. If convicted, penalties can range from misdemeanor citations to felony imprisonment. Fines may be levied as high as $50,000, based on the severity of the violation and the dangerousness of the knife in question. Some violations may even result in the permanent disqualification for future possession or ownership.
Citing and charging for violating knife laws are left up to local legislators and lawmakers. Penalties may vary on the level of perceived danger that a particular knife may pose to the general public. For example, carry of a dangerous knife could lead to a fine of $2,500, 11 months and 29 days in prison, or both. In contrast, carry of an OTF knife with a blade of 6.5 inches is inconsequential. OTF knives, in fact, are expressly permitted for carry or raiders when the blade measures less than 10 inches. Carrying a raider knife with a blade longer than 10 inches in length subjects the owner to class C misdemeanor charges and penalties.
How to Avoid Trouble
It is clear that the extension/retraction (OTF) knives in issue are prohibited weapons under Tennessee law. Thus, knife owners should take steps to ensure that they carry their knives in a manner that is both safe and legal. As noted in the section above, an individual could "display, exhibit, or circulate any dirk, dagger, pistol or other deadly weapon" if the conduct does not amount to criminal intent or an otherwise unlawful act. Contrary to existing guidance on this topic, the inclusion of the word "pistol" significantly broadens the scope of weapons that may be displayed or exhibited "without criminal intent or an unlawful act." Previous guidance indicated that one could not "display, exhibit, or circulate an OTF knife." The inclusion of "pistol" as a new category within the statute, in conjunction with the prior definition of switchblades as a category within and in addition to daggers and dirks, indicates the legislature’s intent to expand the display/exhibit/ circulation category to include other types of knives. Therefore , this section provides general guidance to remain compliant.
- Find an Attorney: – Prior to displaying or exhibiting your OTF knife, seek competent legal advice from an wise individual experienced in Tennessee knife law.
- Keep your knife in your pocket or bag: – If you must own an OTF knife, keep it in your residence or a suitcase/duffle bag and do not display or exhibit it. Put it in your bag when going out of your house and place it in your pocket when you enter your vehicle.
- Use your knife responsibly: – Do not attach your knife to inspiring and/or dangerous social causes or protests and do not use your knife in the commission of a crime. If you follow this advice and heed the advice of your lawyer, your open carry of your OTF knife would not be in violation of existing law. If you need additional guidance on carrying OTF knives in Tennessee or during your travels in other states, reach out to us for a consultation.