Interpretation of Gravity Knife Regulations in Indiana

Definition of Gravity Knife

A gravity knife, sometimes called a "falling knife," is distinguished from other knives by its mechanism for opening its blade. No matter what you call it, a gravity knife is generally characterized as when one uses the strength of gravity, or an equivalent force, to drop, fall, or otherwise move the blade out of the handle into the locked position. While there are some variations based on the exact mechanism of the opening feature, most of these knives include one or more of the following characteristics:

(1) The blade is either rigidly attached to the handle or loosely held in place by the handle until released.
(2) The blade cannot be opened with one hand, because it is rigidly held in place. Thus, the blade normally requires the assistance of a separate mechanism to move it out of the handle and into the open position.
(3) The blade will not fall closed under normal circumstances due to gravity or other outside forces acting upon it when in the open position.
(4) The blade attaches to the handle at a fixed point and pivots at its attachment point when the blade opens and closes .

The last two characteristics distinguish these knives from other common forms of knives. For example, standard pocket knives have blades that can be opened almost anywhere along the blade’s edge in the closed position. These blades have no pivot point. In other types of knives, such as switchblades, opening typically occurs when the user activates a single spring-loaded mechanism at or proximate to the handle which propels the blade from its closed position, to its opened position, where it locks in place until the opening mechanism is disengaged. Like the gravity knife, a switchblade has a blade that cannot be easily opened with one hand, but the mechanism itself is much different. On the other hand, other knives with pivot points, such as folding or bowie knives, do not have the same type of locking mechanism to secure the blades in the open position. Thus, the fundamental characteristics of a gravity knife including the fixed pivot point, a unique means of opening, and a locking mechanism, all distinguish the gravity knife from other types of knives typically preserved for use or sale.

Overview of Indiana Knife Law

The State of Indiana has no laws specifically prohibiting or regulating knives so there really isn’t much to overview. Like many states, citizens of Indiana are restricted from owning or carrying knives that are considered prohibited weapons. These include items such as throwing stars, black jacks, switch blades and ballistic knives, among others. You can refer to the Indiana Code containing prohibited weapons for a full list of the knives Indiana prohibits.
If you are unsure whether a knife you want to carry is prohibited in the state of Indiana, I would highly recommend you consult with a strong legal authority (preferably a good attorney) and do not rely on this blog as legal advice for anything including knife law.
The two following types of knives are specifically prohibited by Indiana statute when carried on or about one’s person. Knives that are prohibited on or about the person include, but are not limited to:
These restrictions, like many restrictions in law, are not absolute. Generally, if a knife or knife type (e.g. ballisctic knife) is not mentioned anywhere in the Indiana Code at least once, then it’s not specifically prohibited by that State.
Unlike states such as Massachusetts and Texas, Indiana has no preemption laws that prevent local municipalities or counties from enacting knife ordinances or regulations that are more restrictive than State law. For example, Fort Wayne, Indiana prohibits individuals from carrying knives with blades longer than three inches. If you think you will be carrying knives in Indiana, make sure you are familiar with the knife ordinances in each municipality you plan to travel to.
Where the state and municipality are silent, you may want to try to determine if the courts have ruled on carrying knives in the specific area of law you are interested in. For instance, if you want to carry a certain knife without a permit, and want to know if a court would uphold your conviction if arrested for violating the law, you should look to see if there is a case from your jurisdiction – or one that got appealed to your jurisdiction – that rules on that specific issue.

Is Gravity Knife Possession Criminalized in Indiana?

Unlike the federal government or states like New York, Washington, or Oregon, Indiana has no law that bans the use or possession of gravity knives.
In fact, the only mention of gravity knives in the state code is within the Indiana Code, Title 35, Article 47, Chapter 10, Section 5, which is part of Indiana’s criminal code that defines what constitutes a "switchblade knife" and describes certain actions related to switchblades as being illegal.
As you may have guessed, the catch-all term in that definition of a switchblade knife that includes gravity knives is "or other similar means." The complete quote from the law is as follows:
The term switchblade knife means any knife which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife (or other similar means). The term switchblade knife does not include a pocket knife that has a blade of less than three (3) inches in length.
Clearly, the inclusion of "or other similar means" makes it legal to interpret the law as excluding all knife mechanisms other than the one described. Some other states, like California where these types of knives are extremely popular, have made changes to their laws over the years to omit that "or other similar means" provision so that even knives that would fall under the more lenient described mechanisms are now illegal.
The "pocket knife that has a blade of less than three inches in length" in the same law would appear to be a reference to the Buck 110 folding knife, which is a very popular knife amongst middle-aged men and old codgers who don’t want to be carrying a switchblade or Smith & Wesson military knife but still want to be able to get by with an effective knife at their side for self-defense purposes.
For those dabbling in switchblade law, you will also find it useful to know the judicial history of the switchblade knife law in Indiana. In 1992, the Indiana Court of Appeals ruled that the law did not prevent one from purchasing, selling, possessing, carrying, or transferring switchblades, "except that it is unlawful to possess a switchblade on school property."
The law also defines the term "person," which does include persons under the age of eighteen, so minors cannot legally carry a switchblade knife. However, keep in mind that children are no longer considered children when they marry or are legally emancipated.
Much to the delight of gun and knife enthusiasts in the state, switchblades, and thus gravity knives, remain legal in Indiana after more than thirty years of standing as written into law.

Available Outcomes for ILLEGAL Possession of a Gravity Blade

It is typically a class C misdemeanor to carry a switchblade or other knife that has a blade two and one-half inches or longer and is either: 1. forbidden by law; 2. prohibited by any rule or regulation of a public or private agency where the knife is carried; or 3. prohibited by the knife policy of a school corporation where the knife is carried. A class C misdemeanor is punishable by up to 60 days in jail and/or a maximum fine of $500. A class B misdemeanor is the penalty for a person who violates the law regarding possession of a knife in a manner constituting an offense. A class B misdemeanor is punishable by up to 180 days in prison.

Other Possible Exceptions and Special Considerations

An exception to the criminality of owning or carrying a gravity knife in Indiana arises from the fact that gravity knives don’t exist. I mean, they exist. They are manufactured by the Hogue Company and are available for sale in most big box stores. But they aren’t defined as knives under Indiana law. And that’s for the same reason that they don’t exist – they’re not knives if they aren’t defined as one under the law.
For example, the Indiana Child Passenger Safety Code defines a "knife" as a "blade that can be opened with one hand and locks into place while open, or has a length of three inches (3") or more." Ind. Code § 9-19-10-2. Nowhere in the law does it say whether an automatic-opening knife, such as a gravity knife, is a knife or not.
The only part of the Indiana code that seems to cover automatic-opening knives is defined in the "Replicas of Certain Weapons" section of the Indiana Criminal Code. § 35-47-5-12.1(a)(2), which states: "The term weapon includes a device prohibited by section 10 of this chapter and any of the following: … ARTIFICIAL KNUCKLES … [and] …… feathers, or any other projectile that may inflict pain on contact with another person."
By this definition, gravity knives are not weapons under the Indiana Criminal Code. A gravity knife is not a knife, therefore it cannot be used as a weapon.

Indiana Knife Possession Recommendations

Given Indiana’s complex knife laws, it is essential to have a good grasp of the current legal landscape. This allows knife owners to stay within legal boundaries and minimize the risk of facing prosecution or civil penalties. The following tips are a good starting point for any knife owner in Indiana: When it comes to knives, context matters. The same knife can be completely legal according to Indiana or federal law or, alternatively, can be illegal in the wrong place or wrong hands. To further reduce risk, knife owners should know where and how they intend to carry different knives, whether it be on their person, in their vehicle, or in their home or place of business. Keeping knives locked up when not in use and using a sheath or case is advisable to reduce the risk that a knife might be viewed as a weapon. Rather than focusing solely on what is or isn’t specifically legal under the law , knife owners should pay attention to how knives are characterized by local law enforcement agencies. Since municipal law enforcement agencies tend to be more aggressive in interpreting laws for public safety reasons, characterize weapons accordingly. As police departments across the state have at times recognized, butterfly knives can be considered switchblades. Similarly, automatic knives can be framed as either switchblades or, in some instances, plastic knuckles. Knife owners should know what applicable laws, regulations, ordinances, and other sources of regulation apply in their area to avoid unintentionally running afoul of the law. A good starting point is reaching out to a qualified attorney with experience in this area of law.