Utah Knife Laws: No Carry Rules, Statewide Preemption, and the Dangerous Weapon Definition

The Short Version

Utah does not regulate knives for adults. There is no concealed carry statute that applies to a knife, no open carry rule, no blade length, no list of banned knives, no permit and, since 2011, no local ordinance. Utah Code 10-8-47.5 and 17-50-332 provide that "the authority to regulate a knife is reserved to the state," and the state has chosen not to exercise it. What Utah has instead is a definition of "dangerous weapon" in 76-10-501(6), "an object that in the manner of its use or intended use is capable of causing death or serious bodily injury," and a handful of statutes that attach to that term: a minor may not possess one without a parent's permission, an adult may not bring one onto school premises, no one may threaten with one or carry one with criminal intent, and a restricted person may not possess one.

For a TEKTO customer that makes Utah one of the simplest states in the country. Every knife we make, the OTF automatics and the double-edged A7 Zastava included, is legal to own and carry any way you like, and the only rules to remember are the ones every state shares: not at school, not in a courthouse, not in an argument, and for anyone under 18, with a parent's say-so.

What Utah Does Not Regulate

Title 76, Chapter 10, Part 5 of the Utah Code is the weapons chapter, and AKTI summarizes it accurately: it "does not restrict knives per se," and the definitions section "does not provide a definition for knife." The concealed carry provisions, 76-10-504 and the permit scheme in Title 53, are about firearms. There is no equivalent of the dirk-and-dagger statutes in neighboring states, no switchblade provision, no machete clause and no length anywhere in the Code. A dagger under a coat in Salt Lake City, an OTF in a pocket in St. George and a bowie knife on a belt in Moab are all in the same legal position, which is none, unless the person carrying one is a minor without permission, a restricted person, on school premises, or making a threat.

The Dangerous Weapon Definition and Salt Lake City v. Miles

76-10-501(6) defines "dangerous weapon" as a firearm or "an object that in the manner of its use or intended use is capable of causing death or serious bodily injury," and lists the factors for deciding whether an object other than a firearm qualifies: "the location and circumstances in which the object was used or possessed; the primary purpose for which the object was made; the character of the wound, if any, produced by the object's unlawful use; the manner in which the object was unlawfully used; whether the manner in which the object is used or possessed constitutes a potential imminent threat to public safety; and the lawful purposes for which the object may be used." Those factors were added in 2015, after the Utah Supreme Court in Salt Lake City v. Miles (2014) reversed a dangerous-weapon conviction over a 3.5-inch manual folder found in a homeless man's shopping cart, holding that the character of the object itself had to be considered. The Legislature responded by writing the circumstances into the definition. The practical reading is that a knife carried as a tool, by a person entitled to carry it, is not a dangerous weapon, and the same knife carried by a felon, a minor without permission, or a person in a fight is. For an adult who may carry, the definition never comes into play.

Minors: 76-10-509

Utah Code 76-10-509 is the one youth knife rule in the state, and it is written around the dangerous weapon term: "A minor under 18 years of age may not possess a dangerous weapon unless he: (a) has the permission of his parent or guardian to have the weapon; or (b) is accompanied by a parent or guardian while he has the weapon in his possession." Subsection (2) adds that "any minor under 14 years of age in possession of a dangerous weapon shall be accompanied by a responsible adult." A first offense is a class B misdemeanor and each subsequent offense a class A. 76-10-509.7 makes a parent who knows of a minor's unlawful possession and fails to act liable as well. Whether a given folder is a dangerous weapon in a teenager's pocket depends on the factors above, and the simple way to take the question off the table is the one the statute offers: a parent's permission. There is no minimum age to buy or own a knife in Utah, and a sixteen-year-old with a pocketknife and a parent who knows about it is within the law.

Schools: 76-10-505.5

76-10-505.5 makes it an offense for a person 18 or older to possess "a dangerous weapon, firearm, or short barreled shotgun" at a place the person knows or has reasonable cause to believe is "on or about school premises," defined as any public or private elementary or secondary school and its grounds, any public or private institution of higher education and its grounds, and the building or rooms of a preschool or child care operation. For a dangerous weapon the offense is a class B misdemeanor. For a firearm, a class A. The exceptions cover possession approved by the school administrator, lawful approved activities, armed school security guards, and possession "at the actor's place of residence or on the actor's property" or in a vehicle the person lawfully controls that is not a school vehicle. The vehicle exception is the one that matters: a knife in the car in the pickup line is lawful, the same knife in a pocket at the parent-teacher conference is not, and because the definition turns on manner of use, an ordinary pocketknife is a defensible case that no one wants to be the test of. Students under 18 are not covered by this section. School discipline and 76-10-509 cover them.

Threats and Intent: 506 and 507

76-10-506 makes it a class A misdemeanor to draw or exhibit a dangerous weapon "in an angry and threatening manner" in the presence of two or more persons, or to use one in a fight or quarrel, "not in necessary self-defense." The section has its own definition of dangerous weapon, built on "the character of the instrument, object, or thing," "the character of the wound produced, if any," and "the manner in which the instrument, object, or thing was exhibited or used," and it says expressly that "threatening manner" does not include "the possession of a dangerous weapon, whether visible or concealed, without additional behavior which is threatening." A knife on a belt is not a threat. 76-10-507 is the intent statute: possessing a deadly weapon with intent to unlawfully assault another is a class A misdemeanor. Together they are the whole of Utah's law on the knife in your hand, and they say what every state says: the knife is lawful until it becomes part of a threat.

Preemption Since 2011

In 2011 the Legislature passed HB 271, which added 10-8-47.5 for municipalities and 17-50-332 for counties. Both provide that "the authority to regulate a knife is reserved to the state except where the Legislature specifically delegates responsibility," and that a city or county may not enact or enforce an ordinance that regulates a knife. Salt Lake City, Provo, Ogden and every other city are under the same rule as the rest of the state. The firearms preemption statute, 76-10-500, does the same work for guns. The one thing local government keeps is ordinary property control over its own buildings, which is why a courthouse or a city hall can still refuse a knife at the door.

Where You Cannot Carry

• School premises, K-12 through university, preschools and child careNo dangerous weapon for an adult. Class B misdemeanor. A knife in a vehicle you lawfully control is exempt. Students are governed by school discipline and the minors statute.
  76-10-505.5
• CourthousesUtah courts bar weapons from court facilities under the Judicial Council's security rules, with screening at the entrance. Leave it in the car.
  Court security
• Airports and federal propertyNo knives past the checkpoint at Salt Lake City International under federal rules, and none in a federal building or courthouse under 18 U.S.C. 930.
  TSA
• Tribal landThe Navajo Nation, the Uintah and Ouray Reservation and other tribal lands are governed by tribal codes. Check before you carry.
  Tribal codes
• Private property and workplacesAn owner may bar knives and an employer may set a policy. 76-10-500 says the preemption part "does not restrict or expand private property rights." The remedy is being asked to leave or being disciplined, and after that, trespass.
  Trespass

Penalties

Misdemeanor terms are set by 76-3-204 (class A, up to 364 days. Class B, up to six months) and fines by 76-3-301 (class A, $2,500. Class B, $1,000).

What the Internet Gets Wrong

Three things. First, that Utah has a concealed carry rule for knives because it has one for guns. It does not. The concealed firearm statutes say firearm. Second, that a knife over some length is a "dangerous weapon" and therefore restricted. The definition has no length, turns on manner of use, and restricts no one who is entitled to carry. It matters only for minors, restricted persons, school premises and threats. Third, that Salt Lake City has its own knife ordinance. It cannot, since 2011. The one rule people actually miss is the minors statute: a fourteen-year-old with a knife and no parental permission is committing a class B misdemeanor in Utah, and the fix is a conversation at home.

TEKTO Knives for Utah

Every TEKTO knife is a Utah knife. The A5 Spry in any blade style and the A7 Zastava with its double-edged spear point are legal in a pocket here, which is not true in Nevada or Colorado next door. The F3 Charlie at 3.80 inches is a button-lock folder with nothing in the Code to say about it. The X1 Atlas fixed blade in MagnaCut is the knife for the Wasatch and the desert, on a belt or in a pack. For a son or daughter under 18, any of the folders with your permission is lawful. Without it, it is not, so give it in writing and keep it with the knife.