Skip to Content

Are Automatic Knives Legal in Wisconsin?

Are Automatic Knives Legal in Wisconsin?

The Short Answer

Yes. Automatic knives — including OTF knives and switchblades — are fully legal in Wisconsin. The state repealed its switchblade ban on February 6, 2016, after the Wisconsin Court of Appeals ruled the old law unconstitutional. Today, there are no restrictions on knife types, and knives are explicitly excluded from the concealed weapons statute. If you're an adult with no violent felony convictions, you can own and carry any knife you want — openly or concealed.

What Wisconsin Law Actually Says

The Statute (Wisconsin Statutes §§ 941.23, 941.231, 939.22)

Wisconsin's knife laws are refreshingly straightforward. The key statutes are:

§ 941.23 — Carrying concealed weapon:

"(1) (ap) Notwithstanding s. 939.22(10), 'dangerous weapon' does not include a knife."

That's it. One sentence. Knives are explicitly excluded from the concealed weapons statute.

§ 939.22(10) — Definition of "dangerous weapon":

"'Dangerous weapon' means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation of blood; any electric weapon, . . . or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm."

§ 941.231 — Carrying a concealed knife:

"Any person who is prohibited from possessing a firearm under s. 941.29 who goes armed with a concealed knife that is a dangerous weapon is guilty of a Class A misdemeanor."

What That Means in Plain English

Wisconsin took the cleanest possible approach:

1. Knives are not dangerous weapons for purposes of the concealed carry statute (§ 941.23) 2. Anyone can carry a knife concealed — no permit, no restrictions on type or length 3. The only exception: Persons convicted of violent crimes who are prohibited from possessing firearms also cannot carry a concealed knife that qualifies as a "dangerous weapon" under the general definition (§ 941.231)

No blade length limits. No knife type restrictions. No concealed carry permits needed for knives. Wisconsin is about as knife-friendly as it gets.

OTF Knives in Wisconsin

OTF knives are fully legal in Wisconsin. There are no restrictions on possession, carry (open or concealed), purchase, or sale. The 2016 repeal of § 941.24 eliminated the last vestige of automatic knife regulation in the state.

Switchblades vs. Automatic Knives: What Wisconsin Considers Them

Wisconsin used to have a specific switchblade prohibition under § 941.24, which banned possession of "any knife having a blade which opens by pressing a button, spring, or other device in the handle or by gravity or by a thrust or movement." That statute was repealed on February 6, 2016.

Before the legislative repeal, the Wisconsin Court of Appeals in State v. Herrmann (2015) had already ruled the switchblade statute unconstitutional as applied to in-home possession, holding that the ban violated the defendant's Second Amendment rights. The court's decision included what AKTI called "an excellent discussion of constitutional issues pertaining to knives."

Today, the legal distinction between switchblades, automatic knives, OTFs, gravity knives, and assisted openers is irrelevant in Wisconsin. They're all legal.

Carrying an Automatic Knife in Wisconsin

Open Carry

Open carry of any knife is legal in Wisconsin. No restrictions on type, blade length, or purpose.

Concealed Carry

Concealed carry of any knife is legal in Wisconsin without a permit. The statute explicitly says knives are not dangerous weapons for concealed carry purposes.

Exception: If you are prohibited from possessing a firearm due to a violent crime conviction (under § 941.29), you cannot carry a concealed knife that qualifies as a "dangerous weapon" under the general definition in § 939.22(10). A knife "designed as a weapon and capable of producing death or great bodily harm" or one carried in a manner "calculated or likely to produce death or great bodily harm" could fall under this restriction.

For everyone else: carry what you want, how you want.

Where You Can't Carry (Restricted Locations)

Wisconsin restricts "dangerous weapons" (other than firearms) in specific locations:

  • Schools K-12 (§ 948.61): Dangerous weapons other than firearms are prohibited on school premises, including buildings, grounds, athletic fields, recreation areas, and any property used for school administration. This covers knives that could be classified as "dangerous weapons."
  • Local government buildings: Under statewide preemption (§ 66.0409), local governments may restrict weapon possession at government facilities.

Note that the school restriction uses the general "dangerous weapon" definition from § 939.22(10) — which can include knives depending on their design and intended use. A large fighting knife brought to school grounds would likely qualify. A small folding knife might not. The safest approach: leave knives in the car when on school property.

Blade Length Restrictions

Wisconsin has no blade length restrictions for any knife type. This is true for both open and concealed carry. There is no statewide limit on blade length, and the preemption statute prevents local governments from creating one.

What About Assisted Openers?

Assisted-opening knives are legal in Wisconsin, just like every other knife type. Since the state has no restrictions on any knife category — including fully automatic knives — there's no reason an assisted opener would cause any concern.

Buying Automatic Knives in Wisconsin

No restrictions on buying or selling automatic knives to adults. Under § 948.60, it is unlawful to transfer a "dangerous weapon" (as defined by § 939.22(10)) to a minor (under 18). Whether a particular knife qualifies as a "dangerous weapon" depends on its design and intended use.

Age Restrictions

  • Under 18 (§ 948.60): Possession of "dangerous weapons" is prohibited for minors. Whether a specific knife qualifies depends on the general "dangerous weapon" definition — designed as a weapon and capable of producing death or great bodily harm. A switchblade or large fighting knife would likely qualify. A small pocket knife likely wouldn't.
  • 18 and older: No restrictions on any knife type.

Statewide Preemption

Yes — effective February 2016. Wisconsin Statute § 66.0409 provides statewide preemption for weapons regulation. The statute goes further than most by including an anti-harassment provision:

"Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, no person may be in violation of, or be charged with a violation of, an ordinance of a political subdivision relating to disorderly conduct or other inappropriate behavior for . . . carrying or going armed with a firearm or a knife, without regard to whether the firearm or knife is concealed or openly carried."

In plain English: a city can't charge you with "disorderly conduct" just because you're carrying a knife. There must be actual criminal or malicious intent beyond the simple act of carrying. This is a strong protection that prevents local harassment of knife carriers.

Recent Changes

  • November 24, 2015: Wisconsin Court of Appeals rules switchblade ban unconstitutional in State v. Herrmann
  • February 6, 2016: § 941.24 (the switchblade ban) officially repealed by the legislature
  • February 2016: Statewide preemption enacted under § 66.0409

Wisconsin went from having a switchblade ban to being one of the most knife-friendly states in the country in a single legislative cycle. The combination of no knife type restrictions, no blade length limits, no concealed carry restrictions, and strong statewide preemption makes it an excellent state for knife owners and collectors.

Frequently Asked Questions

Can I carry an OTF knife in Wisconsin?

Yes. OTF knives are legal to own, carry openly, and carry concealed in Wisconsin. No permit required.

Are switchblades illegal in Wisconsin?

No. Wisconsin repealed its switchblade ban in February 2016. Switchblades are fully legal.

Is there a blade length limit for automatic knives in Wisconsin?

No. Wisconsin has no blade length restrictions for any knife type.

Do I need a concealed carry permit for a knife in Wisconsin?

No. Knives are explicitly excluded from Wisconsin's concealed weapons statute. You do not need a permit to carry any knife concealed.

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Knife laws change — sometimes faster than websites update. Federal, state, and local laws may all apply to your situation, and local ordinances can be more restrictive than state law.

Before purchasing, carrying, or traveling with any automatic knife, OTF knife, or switchblade, verify current laws with official state and local sources. We are not attorneys, and we are not responsible for actions taken based on this information.

When in doubt, consult a licensed attorney in your jurisdiction.

Are Automatic Knives Legal in West Virginia?