OTF Knife Laws in Alabama: Everything You Need to Know

Definition of OTF Knives
OTF knives, or "Out The Front" knives are a specific sort of knife that use an automatic opening spring mechanism in their design. This means that these knives have a blade that typically slides out of the handle at the push of a button, which is how the knives get their name. While general classifications like "knives" or "folding knives" (which is what pocket knives technically are) cover a variety of knives, OTF knives are more specialized than that .
OTF knives, unlike many pocket or folding knives, can be automatically opened (but not closed) by the push of a button. This makes them more similar to their switchblade cousins, with the exception of how some states define OTF knives in a way that allows them to limit them. For example, in some states, OTF knives are allowed as they are not considered "switchblades" which are either automatics or semi-automatics, all of which many states and the Federal government ban.
OTF Knives under Alabama Knife Laws
OTF knives, or out-the-front knives, fall within the broad category of knives for the purposes of Alabama law. Knife possession and use are generally legal in Alabama, although the state does not provide a precise definition of what constitutes a "knife" under law. Some sources cite a blade length of 11 inches or less, however there is no definitive measure of length or width. A blade of 19 inches is considered a sword, yet unless it is an oversized concealed carry blade, this length is relatively uncommon.
Alabama knife laws are contained in Chapter 11, Title 13-A of the state code. There are a number of designations for a wide variety of knives. These include dirks, bowies, any other kind of "large-bladed" knife carried on the person, switchblades, throwing stars, and stilettos. Generally, blades under ten inches are not regulated as long as they remain in a concealed position. However, bowie knives larger than five inches are regulated in larger cities like Birmingham, Mobile, Montgomery, and Tuscaloosa. Likewise, all knives are regulated in public places such as schools and hospitals.
OTFs are specifically mentioned by Alabama Code 13-A-11-52 as "a knife containing a blade which is opened by thumb pressure applied to a tab located on the handle of the knife." Assuming the knife’s blade is not larger than six inches and is not an automatic pocket knife (an automatic pocket knife knife whose blade extends with the aid of a spring-loaded mechanism), OTF knives are legal to possess in Alabama.
Perhaps most relevant to knife owners, Alabama has recently (as of 2013) passed a knife preemption law. What this means is that Alabama has made the regulation of knives uniform across the entire state. Previously, counties and municipalities were free to regulate knives regardless of what laws the state government put in place. This allowed various municipalities to craft their own knife laws. Now, Alabama has taken the power from cities and counties, handing it over to the state. The current law can be found in Code Section 2-A-102. The law states "That the regulation of knives and knives" means a knife-related law, ordinance, rule, or regulation of the State of Alabama shall be uniformly applied and uniformly applicable throughout the state regarding all knives public libraries, schools, community colleges, colleges, and state universities of all kinds."
OTF Knives: Legal Landscape of Alabama
According to Alabama state law, OTF (Out-the-Front) knives are completely legal to own, purchase, or carry. There are no state laws in effect or on the books that address the ownership of a switchblade knife in Alabama. Possessing a switchblade is lawful, and you definitely want to make sure that you stay aware of the "intent to sell or give" language. While you’ll be hard-pressed to find too many knife enthusiasts giving away OTF knives, there is still the language about selling them. If you decide to start selling knives in bulk—either for retail or wholesale—be prepared to fess up to why you’re in possession of such a tremendous volume of knives up to and including a detailed explanation about your intentions to sell them on the market.
If that sounds like something that might get you in trouble, just relax! The fact of the matter is that no law enforcement officer in Alabama is going to be able to tell you that switchblades are illegal to own since they aren’t! And if you’re planning to begin selling or carrying your OTF knives for a living, you’re obviously going to know more about the law than what we just explained to you here. When it comes to Alabama law on switchblades, you’re safe.
Beyond this, there is one pretty much irrelevant mention of switchblades being illegal in Alabama’s Code of Criminal Procedure, § 13A-11-53. This is the section that makes carrying certain types of weapons and blades illegal unless you can prove to a police officer that you were carrying them for a legitimate reason as prescribed by the law (valid reasons for carrying a deadly weapon are detailed in Section 13A-11-86). Switchblades, however, are not mentioned therein and neither are any other kinds of knives or blades. While this is a sort of loophole in the state’s gun laws, it’s still pretty well-known that possessing or carrying a switchblade is totally legal in Alabama.
OTF Knives in Alabama: How It Compares to Other States
Alabama knife laws can vary quite a bit from other states around the country. When it comes to types of "automatics" there are big differences between Alabama and many other states, making it very important to check your laws before buying your OTF knife.
Compared to other states with relatively permissive laws regarding OTF knives, Alabama is somewhat unique. While the majority of states allow OTF knives to be carried for "open" or "concealed" purposes, Alabama is considered an "open carry" state only, according to KnifeUp. The key difference to know is that "open carry" is legal but "concealed carry" is not. Therefore, guns, knives, swords, or other deadly weapons are legal to carry openly in most places, but not in many government buildings, schools and certain other locations.
According to the same Knife Up article, other southern border states such as Florida allow OTF knives (or "switchblades") for concealed carry, while Texas also allows "open carry" only. However, the southern states of Louisiana, Mississippi and Georgia outright prohibit OTF knife carry, according to a list of laws compiled by Blade HQ. Other states include Pennsylvania, Michigan, New Jersey and California that also prohibit OTF knives altogether.
A few other OTF knife proscriptives to be aware of. For example, in Ohio, concealed carry of auto-open knives is illegal per Ohio Code 2923.20, although those who carry the knives openly on their person are generally permitted to do so. If charged with a violation of auto-opening knife laws in any state, contact an experienced criminal attorney for more information.
Penalties for Illegal OTF Knives in the State of Alabama
Under Alabama Code 13A-11-50, "it is a violation of this section for any person to go armed with a prohibited weapon." Under this statute, prohibited weapons include "any dirk, dagger, throwing star or stiletto, a switchblade knife, a ball tipped stick or any other dangerous instrument designed as a weapon." Alabama law doesn’t offer up a further definition of a switchblade knife and there appear to be no cases interpreting the switchblade prohibition. Nevertheless, the Attorney General’s office has opined that a police officer should be trained to differentiate between a folding knife and a switchblade knife.
Although there are only a handful of court cases out there dealing with switchblade knives, those cases all suggest that otherwise illegal knives could be used as weapons, unless dedicated use could be shown. For instance, in one decision, the Florida Court of Appeals ruled in State v. Smith that a sword cane was not illegal because there was no evidence that it was carried for other than a legitimate use , i.e., as a cane for assistance in walking. Similarly, in another case, the Texas Court of Appeals ruled in Smith v. State of Texas that a "Texas toothpick" was not a prohibited dagger because the evidence revealed that the defendant’s knife was a folding knife, which could not be opened by a flick of its wrist. These decisions indicate how the context in which the knife is used comes into play when determining whether the knife is a switchblade.
Let’s say you’ve fashioned your knife to be a concealed weapon. Rather than cut cake, this knife is banned by the Alabama Prohibited Weapons Statute. If caught with such a knife – you could face a fine of up to $500 and one year in jail. Penalties become stiffer if the weapon is used to commit a crime. If caught in possession of an OTF knife used in a crime, you could be mere months or years away from prison.
The Future of Knife Laws: Activism in Alabama
Given the paused efforts by the Bureau of Prisons and the US Department of Justice to ban federal employees from carrying knives into federal facilities, support for continued access to OTF knives in Alabama is an immediate priority that will ultimately carry forth to the legislative process. The state-level knife rights groups in Alabama include the Alabama Knife Rights (AKR) and the Knife Rights foundation its 501(c)(4) IRS designation. While groups like the National Rifle Association (NRA), the Federation of Firearms Owners (FOP), and other gun rights coalitions have trickled into Alabama, gun rights groups have seen success in Alabama, the separate organizations supporting knife rights have not gained as much attention or influence. The AKR states on its website that it is "an Alabama Knife Rights lobbying organization that focuses on repeal modernizing knife laws in the state." Individuals associated with the Knife Rights foundation openly criticize state chapters, including Alabama, for not being reward-oriented enough. However, the Alabama Alliance for REPEALING Handgun Licenses (AARHL), which receives partial funding from the Knife Rights Coalition, recently reported that it was able to defeat a bill aimed at increasing handgun licensing fees and fees associated with concealed carry pistol permits. Knife Rights supports the passage and advocacy for knife crime law repeal, replacement, and simplification through legislative initiatives including state knife law preemption legislation that frees knife manufacturers, sellers, and users from government restrictions on knives exclusively on the basis of their type and not design features. Knife Rights currently has the support of Republican legislators in Alabama that have sponsored legislation to reclassify knives under the state’s criminal code as a prohibited weapon, restrict where knives can be carried, race-based prohibitions, and to expand knife use in general. The long-term impact of these advocacy groups is that with growing legislative support, Alabama’s knife rights groups may consolidate their influence with similar national efforts and existing gun rights groups to push legislation during the next legislative session. Acreage and state policy by gun rights groups in Alabama may have the growing influence necessary to pass pro-knife legislation sooner rather than later. It is important that Alabama knife rights groups work with other national groups that support the same values.
Advice for Alabama Knife Owners
Whether you already own an OTF knife or are considering adding one to your collection, there are a few things to keep in mind to ensure compliance with Alabama law. First, remember that satisfying the exemption for OTF knives is not as easy as it might seem. Make sure to have a store receipt, a copy of the sales advertisement from an online purchase, or another form of documentation showing that you acquired the knife prior to August 1, 2019. If you bought an OTF knife after that date, it is not legal for you to buy , possess, or carry concealed on your person or in any vehicle in Alabama. Second, stay calm and be courteous when interacting with law enforcement. The authorities have limited knowledge about knife laws so it is important to not escalate matters by acting erratically, resisting arrest, or trying to engage officers in an argument. Finally, stay informed about changes in the law regarding knives in Alabama. This blog is one source of information, but there are many other reputable blogs and websites dedicated to knives.