US Sword Laws: Are Katanas Legal to Own and Import? | TOUKENZA
US Sword Laws: Are Katanas Legal to Own and Import?
Last updated: 2026-06-06
Table of Contents
If you are a US collector wondering whether a genuine Japanese sword (nihonto) is legal to own and import, the short answer is yes for ownership, with the real detail sitting in import paperwork and state-level carry rules. This page sets out how federal law treats a sword, what to expect at customs, how duty and tax are assessed, and where state and local rules narrow what you can carry or disguise. Every legal point links a primary government or statutory source so you can verify it yourself before you buy.
Is It Legal to Own a Katana in the US
There is no federal statute that prohibits a private adult from owning a Japanese sword. Swords simply are not among the bladed items the federal government regulates: the one bladed category Congress restricted at the federal level is the switchblade, under the Federal Switchblade Act at 15 U.S. Code 1241 to 1245. A traditionally made katana is a fixed-blade edged tool, not an automatic knife, so it falls entirely outside that scheme.
It also helps to be clear about what a sword is not. A sword is not a firearm, so it is not regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and none of the federal licensing, registration, or background-check rules that attach to guns apply to an edged blade. There is, in other words, no federal "sword licence" to obtain and no federal registry to join.
Because this is an absence of restriction rather than a positive grant of right, treat the federal picture as a clear baseline rather than a guarantee. The meaningful restrictions on a sword in the United States are set below the federal level, by individual states and cities, and they govern how you may carry, conceal, or sell a blade far more than whether you may keep one at home. Owning and displaying a genuine nihonto in your own home is, across the country, not something federal law reaches.
Import Rules and Customs
When a sword arrives from Japan it is cleared by US Customs and Border Protection (CBP), and the federal treatment is favourable. CBP's own guidance on travelling or importing with a knife, switchblade, or sword, in CBP Article-1123, confirms that fixed-blade items are handled very differently from automatic knives. The governing regulation, 19 CFR 12.96, states that "importations of certain articles having a fixed unexposed or exposed blade are not within the prohibition" of the Switchblade Act, and it lists "swords" together with sword canes, machetes, and sheath knives among those admissible articles.
The contrast with switchblades is sharp. A switchblade imported other than under the narrow military exceptions of 15 U.S. Code 1244 is an importation contrary to law and is subject to forfeiture. A traditional katana carries none of that risk at the federal border. The practical step on your side is simply to make sure the shipment is declared truthfully. A genuine sword is normally declared as an antique or a work of art, with its value and the Japanese export documentation accompanying it, exactly as described in our how to buy from Japan guide.
One important caveat is built into the same regulation. Section 19 CFR 12.96 warns that, even for admissible articles, "upon release by Customs, possession of these admissible articles ... may be in violation of State or municipal laws." In other words, clearing federal customs is necessary but not always sufficient: a blade that CBP admits can still run into a state or city rule once it is in your hands, which is the subject of the carry section below.
Duties and Taxes
Whether you owe import duty depends mainly on the sword's age, because the United States treats genuine antiques very differently from modern arms in the Harmonized Tariff Schedule (HTSUS). A sword that is more than 100 years old is classified as an antique under HTSUS heading 9706, and antiques of an age exceeding 100 years enter duty-free. For a genuine koto or shinto-era blade with documented age, the import duty line can therefore be zero.
A modern sword is treated as an ordinary edged arm. Swords, cutlasses, and similar arms fall under HTSUS heading 9307, which carries a general (column-one) duty rate of about 2.7 percent. So a recently forged blade by a living smith, or any piece that cannot be shown to be over 100 years old, would generally attract that small percentage rather than the antique exemption. The 100-year line matters: shinshinto and gendaito pieces close to but under a century old do not qualify as antiques.
Treat these rates as a starting point and verify the current figures, because tariff policy changes and additional or country-specific tariffs can be layered on top of the base rate. The classification and the duty calculation are ultimately made by CBP and your customs broker on the declared value, supported by an antique declaration where the blade qualifies. The duty itself is usually modest; the more important point is to document age and authenticity so the correct heading is applied.
State and Local Rules: Carrying and Display
This is where US sword law actually bites, and the core distinction is between owning a sword and carrying it. Keeping and displaying a nihonto at home is essentially unrestricted across the country; taking one out in public, carrying it concealed, or owning a disguised blade is where state and city rules vary widely.
New York is the clearest illustration of how a state can tighten the federal baseline. Under New York Penal Law 265.01, a cane sword is a "per se" weapon whose mere possession is criminal possession of a weapon in the fourth degree, and a cane sword is defined in New York Penal Law 265.00 as a cane or stick concealing a blade usable as a sword. So a disguised blade that federal customs would admit can be illegal to possess in New York. Carrying an ordinary blade in public is also restricted: New York City Administrative Code 10-133 makes it unlawful to carry a knife with a blade of four inches or more in a public place, or to carry any knife in open view in public unless it is being used for a lawful purpose.
California shows the same ownership-versus-carry split from another angle. Under California Penal Code 21310, carrying a concealed "dirk or dagger" — a fixed-blade stabbing instrument — is an offence, while a fixed blade carried openly in a sheath is treated differently. The recurring theme is that concealment and public carry, not home ownership, are what the law targets.
The takeaway is to verify your own state and city rules before you assume a sword is unrestricted where you live, and to avoid disguised or cane-type blades, which attract the strictest treatment. For display at home, no state requires a permit. For carrying or transport, keep the sword cased and check the local rule first.
Buying from Japan
Importing a genuine nihonto into the United States is, for ownership, legally straightforward, and the practical work sits in declaring it correctly and respecting your state's carry rules. The Japan-side export of an ordinary art sword is handled by the seller as a matter of routine, including deregistration of the registration card and the cultural-affairs export certificate, all covered in our how to buy from Japan guide.
For how other jurisdictions compare, see our sword laws by country hub, and to understand the authentication papers that prove a blade is a genuine antique nihonto, read our NBTHK certificate guide. If you would like help choosing a sword or finding a specific piece, you can ask through our consultation window or submit a search request. This page is general information, not legal advice, so confirm the current federal, state, and local rules before you commit.
FAQ
Are katanas legal to own in the United States?
Yes. There is no federal statute banning private ownership of a sword, and a katana is not a firearm, so the ATF licensing and registration rules do not apply. The one bladed category Congress restricted federally is the switchblade, under 15 U.S. Code 1241 to 1245. The meaningful limits on swords are set by individual states and cities and concern carrying or disguising a blade, not keeping one at home, so verify your own state and local rules before buying.
Will US Customs seize a katana I import from Japan?
Not for being a sword. The regulation 19 CFR 12.96 states that fixed-blade articles, expressly including swords, are not within the Switchblade Act prohibition and are admissible, and CBP Article-1123 confirms the same. Switchblades are the category subject to forfeiture, not a traditional katana. Declare the shipment truthfully, normally as an antique or work of art with its value and Japanese export documents attached.
Are katanas illegal in New York?
Owning a katana in New York is not banned, but the city restricts carrying one and prohibits disguised blades. New York Penal Law 265.01 makes a cane sword a per se weapon whose mere possession is a crime, and New York City Administrative Code 10-133 makes it unlawful to carry a knife with a blade of four inches or more in public or to carry any knife in open view without a lawful purpose. Treat a sword as something to keep and display at home, and check the current rule.
Do I pay import duty on an antique sword?
Often not. A sword more than 100 years old is classified as an antique under HTSUS heading 9706 and enters duty-free, while a modern sword falls under HTSUS heading 9307 at a general rate of about 2.7 percent. The 100-year line is strict, so a near-century shinshinto or gendaito piece may not qualify. Verify the current rates, as additional tariffs can be layered on, and document the blade's age so the correct heading is applied.
Can I carry a katana in public in the US?
Generally not freely, and the rule depends on your state and city. Ownership at home is essentially unrestricted, but public carry and concealment are what the law targets: California Penal Code 21310, for example, makes carrying a concealed fixed-blade dirk or dagger an offence, and New York City limits carrying blades of four inches or more. Keep the sword cased for transport and check your local rule before carrying it anywhere.
This page is general information, not legal advice. Always confirm with the relevant authorities or a qualified professional.
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