The unlawful carrying of weapons and knives can arise from very different situations: a tool left in a backpack, a folding knife kept in a car, a blade found during a check, or a weapon carried without the required license. The question is not only whether the object can cause injury. What matters is which legal provision applies, because the consequences change based on the type of object, its technical characteristics, the place, and the reason why it was outside the home.
In this guide, I want to clarify what distinguishes a common knife from a blade subject to the new, stricter rules, when a justified reason can be relevant, and what aspects may affect criminal defense in Milan. We will also see why it is not prudent to rely on simple formulas, such as "it was closed" or "it could be useful to me": a circumstance may matter, but it does not decide the case on its own.
First rule: knives, weapons, and objects fit for offending do not coincide
The classification of the object comes before the penalty. The word "knife" describes an object in everyday language, but it does not automatically resolve its legal classification. The law distinguishes weapons, pointing or cutting instruments fit for offending, and certain blades that, due to defined characteristics, receive a specific regulation. For this reason, neither the commercial name nor the overall length of the object alone is sufficient.
Carrying concerns the object outside the home. Article 4 of Law no. 110 of 1975 takes into consideration what is carried outside one's home and its appurtenances. A blade in a backpack, in a pocket, or in a vehicle's compartment is not automatically lawful simply because it is not brandished. At the same time, the way it is kept can be useful to reconstruct whether there was immediate availability of the object or a transfer linked to a specific destination.
Location does not replace motive. Saying that a knife was closed, kept in a sheath, or left in a car does not eliminate every problem on its own. These data must be read together with the conformation of the blade, the route, the place of the check, and the actual reason for the presence of the object. The decisive fact is not choosing an abstract explanation, but verifying whether the facts are compatible with the contested rule.
Weapons require a separate examination. A pistol, ammunition, a weapon of war, or an object that the law assimilates to a weapon cannot be treated as a normal cutting tool. Even among weapons, there are different categories, with different authorization requirements and criminal offenses. Confusing possession, transport, and carrying, or applying the thresholds provided for certain blades to a firearm, risks altering the framework of the accusation from the very beginning.
Blades subject to the rules introduced in 2026
Since 2026, certain technical characteristics have had a direct relevance. The coordinated text of Decree-Law no. 23 of 2026, converted with amendments by Law no. 54 of 2026, introduced into Article 4 of Law no. 110 of 1975 a specific offense for anyone who carries without a justified reason a sharp or pointed blade exceeding eight centimeters. The same provision concerns certain folding knives with a blade of at least five centimeters, a single edge, a sharp point, and a blade-locking mechanism or one-handed opening. The current text can be consulted in the coordinated text of Decree-Law no. 23 of 2026.
For these blades, the penalty is higher. The carrying without a justified reason of the blades indicated in the eighth paragraph of Article 4 is punished with imprisonment from six months to three years. It is therefore incorrect to reduce the issue to the size of the blade: for folding knives, length, number of edges, point, and opening or locking system count jointly.
The switchblade follows a distinct provision. Article 4-bis of the same law includes, among other things, instruments with a double-edged blade and a sharp point. It also extends the penalty provided for weapons for which a license is not permitted to folding knives with a blade of at least five centimeters, a single edge, a sharp point, and a switch mechanism, regardless of the presence of a blade-locking mechanism; butterfly blades and instruments disguised or concealed in other objects are also included.
In this second category, the motive does not operate in the same way. The wording of Article 4-bis does not build punishability on the lack of a justified reason as happens for the instruments indicated by Article 4. The practical consequence is important: before basing the defense on the reason for carrying, it must be ascertained whether the object truly has the technical characteristics of the special category. A summary description in the report cannot replace the examination of the seized blade.
The date of the fact can also change the analysis. Decree-Law no. 23 entered into force on February 25, 2026; conversion Law no. 54, published on April 24, 2026, entered into force on April 25, 2026, and modified some requirements of the new offenses. For a fact placed in the transition period, the current text cannot be applied automatically: it is necessary to distinguish the rule in force on the contested date from the one subsequently modified.
When the justified reason can be relevant
The justified reason must explain that specific carrying. For pointing or cutting instruments fit for offending and for blades included in the eighth paragraph of Article 4, it is not enough to state that a knife "can be useful." The reason must be connected to the object, the moment, and the place: a work tool can be consistent with an activity actually in progress, while the same object may assume a different meaning if carried without a recognizable connection to such activity.
A generic need for protection is not a practical purpose. Carrying a blade to feel safer, out of caution, or to deal with potential problems does not equate to describing a lawful and current use of the tool. The point is not to judge the abstract usefulness of the knife, but to understand whether the motive put forward is verifiable and compatible with all known circumstances.
Documents matter if they clarify a precise fact. A work call, the equipment present in the backpack, the route to a construction site, a purchase receipt, or the sheath intended for transport can be relevant only when they help explain why that very object was with the person checked. There is no need to accumulate papers: every element must connect to the contested circumstance.
The location can aggravate the position. Article 4 provides for a higher penalty if unjustified carrying occurs during or on the occasion of sporting events. Public gatherings also have an autonomous and rigorous discipline: the carrying of weapons is forbidden even to those who hold a license. For this reason, a check near a stadium, on public transport, or in a crowded area should not be read as a marginal detail.
The carrying of weapons is not resolved by the thresholds provided for knives
Firearms are governed by different rules. Article 4 of Law No. 895 of 1967 punishes illegal carrying in a public place or a place open to the public of the objects listed in Article 1, including weapons of war or war-type weapons, with two to ten years’ imprisonment and a fine. For ordinary firearms and their usable parts, Article 7 of the same law provides for those penalties reduced by one third. The weapon’s category is therefore also decisive in identifying the applicable range of penalties.
A license does not authorize every conduct. A police license may be relevant for certain categories of weapons and for specific carrying modalities, but it does not eliminate express bans nor make the context irrelevant. At a public gathering, for example, the law prohibits the carrying of weapons even to those who are equipped with a license. It is therefore necessary to distinguish the type of authorization held, the weapon involved, and the place where the fact occurs.
The consequences are not only criminal. For the new hypotheses of Article 4 and those of Article 4-bis, the prefect can apply accessory administrative sanctions for a period of up to one year, including the suspension of the driving license or the gun license, or the ban on obtaining them. Furthermore, when a conviction intervenes, the law provides for the confiscation of weapons and other objects fit for offending. These effects must be considered together with the main charge.
How a defense against the accusation of unlawful carrying is built
The charge must describe the object with precision. Effective blade length, presence of a point, single or double edge, folding closure, lock, one-handed opening, and switch mechanism are not secondary details. If one of these characteristics serves to bring the knife under a more serious offense, the description must be verifiable on the seized object, not merely derived from a commercial name or poorly legible photographs.
The context must be reconstructed without artificial additions. The defense may concern the motive for carrying, the technical qualification of the instrument, the place, the actual availability of the object, or the correctness of the charge. However, a useful explanation must remain coherent with verifiable data, such as the route followed, the tools present, the activity performed, and the statements made since the check.
The investigative files indicate the fact to be addressed. In the interrogation on the merits, the judicial authority must contest the fact to the person under investigation in a clear and precise form, making known the existing items of evidence within the limits provided by law. The person is invited to set out what they deem useful for their defense, and any refusal to answer is recorded in the minutes: these rules are provided by Article 65 of the code of criminal procedure.
There is no procedural choice identical for everyone. The rule referred to in the notice, the seizure, the nature of the object, the date of the fact, and the possible presence of other charges affect the defensive possibilities. In the presence of a summons or a document received, it is advisable to keep the report, photographs, and documents explaining the context, without modifying the object or constructing a version incompatible with the facts after the check.
Frequently asked questions
Can I carry a knife in a backpack because it can be useful?
No, generic usefulness is not enough. For hypotheses where the law requires a justified reason, the reason must be concrete and consistent with the object, place, and time of carrying. A work or practical activity can assume relevance only if it truly explains why that knife was outside the home in that exact circumstance.
Does the total length of the knife count or only that of the blade?
The new thresholds concern the blade. The discipline introduced in 2026 considers the sharp or pointed blade over eight centimeters and, for certain folding knives, the blade of at least five centimeters. However, measurement is not the only element: point, number of edges, lock, and opening method can be equally decisive.
Is a closed knife or one left in a car always permitted?
No, there is no automatic authorization. The fact that the knife is closed, in the backpack, or in a vehicle's compartment can be useful to reconstruct the situation, but it does not eliminate on its own the verification regarding the category of the object, the motive for carrying, and the location. The difference between carrying and mere transport must also be evaluated on concrete facts.
Does the justified reason also apply to a switchblade?
It must not be taken for granted. For certain folding knives with a switch mechanism, Article 4-bis provides for a special discipline that is not formulated around a justified reason. Before invoking the reason for carrying, it is therefore necessary to clarify whether the mechanism is truly a switch and whether the other technical requirements indicated by the rule are met.
If the knife is seized, can I challenge how it was described?
Yes, the description can be decisive. One can verify blade length, point, single or double edge, lock, one-handed opening, and any other characteristic reported in the report. However, the challenge must be based on the object actually seized and on the acts of the proceeding, not on incomplete images or approximate memories.
A first step after a check or a summons
Keeping the documents is useful from the very beginning. The seizure report, the document received, photographs of the object, the date and place of the check, as well as documents that can clarify the motive for carrying, are important elements to understand the accusation. If you must face a charge for the unlawful carrying of weapons or knives in Milan, you can contact me: together with my staff, I can help you read the qualification indicated in the documents and distinguish the facts that truly affect the defense.