Legal Question in Criminal Law in Michigan

Re: Knifes

Unless there�s a county, city, village or township ordinance involved (which could restrict knife-carrying even more than state laws), the state CCW laws apply. These laws consider either:

* the type of weapon (description/construction),

* whether it is concealed, and/or

* whether it is carried for an "unlawful purpose" against another person (regardless of its description/construction).

MCL 750.227 makes it illegal to "carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person." Another sub-section makes it illegal to carry a "concealed pistol" in a car or on your body without having a CCW permit. Either is a felony carrying up to 5 year, or $2,500 fine.

So, if it�s a dagger, dirk, stiletto [look these words up in a dictionary to see how each differs], a double-edged non-folding stabbing instrument that is carried and concealed (hidden) on your body, you could get charged. Likewise, if it's carried in a car -- even if not "hidden/concealed" -- you could get charged. Your reason(s) for carrying it is(are) not relevant for this section.

MCL 750.226 makes it illegal to carry a pistol, firearm, or "dagger, dirk, razor, stiletto, or knife having a blade over 3 inches in length, or any other dangerous or deadly weapon or instrument" with the intent to use it unlawfully against another person. This has the same max. penalties as Section 227.

In Section 226, one kind of illegal item is a knife with a blade OVER 3 inches long. Why is this length the limit? It is believed that blades of 3 inches or less are less likely to be able to penetrate a body and fatally damage an organ, but blades over 3 inches can so they are the illegal ones. But, again, the crime occurs when the over-length knife is carried with an unlawful intent. The prosecutor has to prove that illegal intent beyond a reasonable doubt, just like with every other element.

This section also casts a net wide enough to include any other dangerous or deadly weapon or instrument (e.g., a baseball bat) if it is being carried for an unlawful intent (e.g., to beat someone up with it).

So, Section 226 focuses on the weapon being (a) of a certain type/description, (b) and carried for an unlawful purpose regardless of whether it is 'concealed'. Section 227 focuses on the item being concealed, without regard to the intent for which it is being carried.

As noted in the beginning, you need to check the local municipalities' laws (ordinances) to see if they define the illegal weapons more broadly.

If I am mis-stating any of this, I'm sure one of my brethren attorneys will submit another reply correcting me.

Re: Knifes - Part 2 reply

Since you didn't tell us much about the case facts, another thing comes to mind. With 'security laws' being tightened everywhere in the past 6 tears, courthouses have become more secure ... and local governments have restricted what can be brought inside ... much like airports/airplanes.

Ingham County may have an ordinance that defines "a knife of any size" as illegal to bring onto county property, like a courthouse. If you do, you risk having it confiscated, and possibly being charged with a crime.

Check with the Ingham County Clerk for a copy of all weapon-related ordinances. How they define/describe WHAT is illegal is important. Also, check with the county circuit and district courts to see if the courts have adopted any local practices that govern what can and cannot be brought into the court's areas of the government buildings. The judges cannot adopt a local practice or procedure that makes something 'criminal' and subject to jail or fines (only a legislative body can do so), but the courts can say "no cell phones or pagers or drinks or knives or nail files, etc. in the court areas" if the purpose is to control the court room environment better. A knife "of any size" -- no matter how small -- could be passed to a defendant going back to jail and used to assault a guard, to escape, to assault another inmate, etc. We all frown on that, as you might expect.

However, just because an ordinance says it's illegal doesn't mean that a lawyer cannot challenge the legality of the ordinance itself. Some laws are overly broad, or leave too much to interpret what is and isn't illegal.