KnifeForums.com - Intelligent Discussion for the knife enthusiast
Recent Members
Welcome them to our community!
Recent Topics
Recent Pictures
thumb_1406365749-175-Honduran-Hunter-f.jpg
thumb_1406244502-apple1.jpg
thumb_1406242071-IMAG0183.jpg
thumb_1406138951-1.JPG
thumb_1405723916-IMG_1451.jpg
thumb_1405631397-6.JPG
thumb_1404764053-004.JPG
thumb_1404657528-DSC_0483.JPG
thumb_1404465179-190720104842.jpg
thumb_1404389642-016.JPG
Current Quote
"Vampires have their stakes and werewolves have their silver bullets, but there is nothing man has yet devised that can kill a government program."
~ Bob Krumm
304 Online Now
7 viewable users (
    ) and 0 hidden plus 297 guests are online now.
     Page 1 of 3 All123
    Username Post: PENNSYLVANIA KNIFE LAWS        (Topic#782875)
    TACFOLD3
    Member
    *
    11-28-06 16:01.16 - Post#1094115    



    Can anyone tell me what the PA state laws are regarding carrying knives? I've read conflicting data on blade length, etc. Thanks....
    JIM


     


    cutlerylover
    Master Member KnifeNut!
    *
    11-28-06 16:09.19 - Post#1094123    


        In response to TACFOLD3

    Hello Welcome to the forum! I too live in PA and I have read so many different thigns about knife law here I don't know what to believe myself..lol

    Maybe someone else can help you out and I might learn a thing or two myself...

    By the way I have contacted the state police reguarding knife law in PA as well as local police several times with no real good answer given to me, very vague outdated laws that can be interpreted differently depending on the situation, I have yet to find a straight answer myself...
    - Jeff

    My Emails:
    cutlerylover@hotmail.com
    pyrosharp@aol.com

    My Free Websites:
    (Knives) http://www.freewebs.com/cutlerylover
    (Zippos) http://www.freewebs.com/pyrosharp


     
    TACFOLD3
    Member
    *
    11-28-06 16:16.03 - Post#1094131    


        In response to cutlerylover

    Thanks Jeff... Maybe somebody out there can quote some statutes. But, I'm thinking that like so many other arcane state laws no one probably has a definitive answer. Any lawyers out there who like knives and can offer some FREE advice????
    JIM


     
    cutlerylover
    Master Member KnifeNut!
    *
    11-28-06 16:40.15 - Post#1094145    


        In response to TACFOLD3

    Lawyer...FREE....lol

    Ok well here is the exact law for PA but its hard to say what exactly it means...I am a die hard balisong fan so for me its means nothign since it kind of says no balisongs, but not specifically...uuuhhhh so annoying, lol...




    Pennsylvania - Pa. C.S.A. 18.908. Prohibited offensive
    weapons. (a) Offense defined.--A person commits a
    misdemeanor of the first degree if, except as authorized
    by law, he makes, repairs, sells, or otherwise deals in,
    uses, or possesses any offensive weapon. (b) Exception.--
    It is a defense under this section for the defendant to
    prove by a preponderance of evidence that he possessed of
    dealt with the weapon solely as a curio or in a dramatic
    performance, or that he possessed it briefly in
    consequence of having found it or taken it from an
    aggressor, or under circumstances similarly negativing any
    intent or likelihood that the would be used unlawfully.
    (c) Definition.--As used in this section "offensive
    weapon" means... any... dagger, knife, razor or cutting
    instrument, the blade of which is exposed in an automatic
    way by switch, push-button, spring mechanism, or
    otherwise...
    - also see 24 P.S. 13-1317.2. re: students bringing weapons
    on to school property.]

    Pennsylvania case law:
    Where opening knife required lock to be released, and
    once lock was released blade could be exposed by flip of
    wrist, knife did not have blade which could be "exposed in
    an automatic way"... by "otherwise" legislature referred
    to knives that were opened by some sort of mechanism which
    is not a "switch," "push-button," or "spring" mechanism
    but still a mechanism... (1979)

    * * *

    Full text:

    Title 18 § 908. Prohibited offensive weapons.
    (a) Offense defined.--A person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.

    (b) Exceptions.--

    It is a defense under this section for the defendant to prove by a preponderance of evidence that he possessed or dealt with the weapon solely as a curio or in a dramatic performance, or that, with the exception of a bomb, grenade or incendiary device, he complied with the National Firearms Act (26 U.S.C. 5801 et seq.), or that he possessed it briefly in consequence of having found it or taken it from an aggressor, or under circumstances similarly negativing any intent or likelihood that the weapon would be used unlawfully.
    This section does not apply to police forensic firearms experts or police forensic firearms laboratories. Also exempt from this section are forensic firearms experts or forensic firearms laboratories operating in the ordinary course of business and engaged in lawful operation who notify in writing, on an annual basis, the chief or head of any police force or police department of a city, and, elsewhere, the sheriff of a county in which they are located, of the possession, type and use of offensive weapons.
    This section shall not apply to any person who makes, repairs, sells or otherwise deals in, uses or possesses any firearm for purposes not prohibited by the laws of this Commonwealth.

    (c) Definition.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

    "Firearm."
    Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
    "Offensive weapons."
    Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

    (d) Exemptions.--The use and possession of blackjacks by the following persons in the course of their duties are exempt from this section:

    Police officers, as defined by and who meet the requirements of the act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training Law.
    Police officers of first class cities who have successfully completed training which is substantially equivalent to the program under the Municipal Police Education and Training Law.
    Pennsylvania State Police officers.
    Sheriffs and deputy sheriffs of the various counties who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
    Police officers employed by the Commonwealth who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
    Deputy sheriffs with adequate training as determined by the Pennsylvania Commission on Crime and Delinquency.
    Liquor Control Board agents who have satisfactorily met the requirements of the Municipal Police Education and Training Law.

    *

    Title 18 § 912. Possession of weapon on school property.
    (a) Definition.--Notwithstanding the definition of "weapon" in section 907 (relating to possessing instruments of crime), "weapon" for purposes of this section shall include but not be limited to any knife, cutting instrument, cutting tool, nun-chuck stick, firearm, shotgun, rifle and any other tool, instrument or implement capable of inflicting serious bodily injury.

    (b) Offense defined.--A person commits a misdemeanor of the first degree if he possesses a weapon in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school.

    (c) Defense.--It shall be a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose.

    *


    http://www.knife-expert.com


    - Jeff

    My Emails:
    cutlerylover@hotmail.com
    pyrosharp@aol.com

    My Free Websites:
    (Knives) http://www.freewebs.com/cutlerylover
    (Zippos) http://www.freewebs.com/pyrosharp


     
    TACFOLD3
    Member
    *
    11-28-06 16:56.18 - Post#1094156    


        In response to cutlerylover

    Thanks I think...So I guess as lomg as you swear that your knife is a curio, whatever that is, or that you just wrestled it away from some bozo who was trying to chop you up with it you're AOK.... This law stuff is great. I wonder how long it took the legislators to come up with this stuff??
    JIM


     
    Blunt
    Master Member KnifeNut!
    *
    11-28-06 17:37.53 - Post#1094174    


        In response to cutlerylover

    Its so clear now
    its times like this when i ned a crosseyed smiley that drools
    If vegetarians eat vegetables what do humanitarians eat?
    When afraid and full of doubt run in circles scream and shout


     
    tstetz
    The Puukko Prophet
    *
    11-29-06 04:07.29 - Post#1094372    


        In response to Blunt

    Basically PA law only prohibits switchblades. Even those are arguable under the curio clause but that would only apply if it was in a collection in your home, not carried on your person.

    There is no prohibition as to length or other opening mechanisms that I've ever seen. When I worked in the DA's office I read all the case law on the subject I could find (which really wasn't a lot) and the only time I saw a conviction for anything other than a switchblade was for some sort of knife used in the meat processing industry. The last part of the POW statuate is the vague area "...no common lawful purpose". In that particular case it was ruled that the knife this guy was packing had no "common lawful purpose" outside of his work. Part of that scenario was likely based upon the situation where he was caught with it I would guess.

    Now, you can still run into a couple potential problems from my experience:

    - local ordinances: there may be city ordinances that are more restrictive. I keep hearing about this being the case in some areas but honestly have never run across it. If this were the case this would be a summary violation. Basically a non-traffic citation resulting in a fine and probably confiscation of the knife. Again, I haven't seen it though.

    - interpretation of the POW statute. Although case law basically says most anything but a switchblade goes, not many cops have studied case law. I've personally seen guys tell people that assissted opening knives were illegal, and that there were blade length limitations. Neither is true.

    - last possible snag could be the "Possessing instruments of crime" statute. Basically an individual could be charged for any knife under this statute *if* it was used in the commision of a crime. Either as a weapon or as a tool to break into something for example. This is an add on charge though and you'd have to have been busted for something else first for it to apply.

    Disclaimer: I am not an attorney and can only go by what I've seen on the job. I am also not a 20 year vet so I'm sure there are guys out there with a lot more experience than me . I'm just a knife nut who's looked into it a bit due to my own personal interest.
    There are some who call me... Tim.

    www.woodsmonkey.com


     
    infrared
    Member
    *
    11-29-06 04:59.21 - Post#1094404    


        In response to tstetz

    I live in PA as well and the find the law to be vague myself.I have a friend who I now work with that is a retired LEO and told me he never arrested anyone just for having a knife.From what he told me in PA it is an "officer's discretion" as what to do-ie:the situation in which the knife is found.If for example you are driving home from a bar and smell of alcohol(even eithin the legal limits)then the knife serves no legal purpose.Like the previous poster tstetx has stated it is in many cases an added charge.Unfortunately that being said if you just happen to be in the wrong place at the wrong time-IE Wal-Mart right before closing.A store worker sees a knife in your pocket and you just happen to be roaming aimlessly. Then the police are called it may be hard to explain why you have a knife in your pocket at 11:00pm and you happen top be waiting for the bus,or are trying to buy some peronal items but are waiting for the crowds to go down,etc.I find it great to know that we can possess almost anything but have no real clear laws stating that it is legal/illegal to carry concealed,sheath knife etc in public.
    PS-the "curio" defense for an auto will not work if you carrying it around and open it up.from what I've ben led to understand it's best to leave any autos at home-although I do have assisted openers and am never sure just what to do with them-so they stay at home also.I practise the only carry a multi-tool outside them home unless I have a reason for a knife-ie,camping,working with it over a friends house.
    The one odd thing about PA law-technically you are not allowed to use a "self-defense" defense for carrying a knife and yet the PA constitution states specifically in it that the right to carry arms for the purpose of self-defense shall not be infringed upon.Go figure.
     
    cutlerylover
    Master Member KnifeNut!
    *
    11-29-06 06:30.46 - Post#1094481    


        In response to infrared

    Here is what sucks the most I am not affraid of carryuing whatever I wnt whenever I want, but what gets me is that if a cop happens to not like what I am carying he can take it away and then I have to spend my time and money to try to fight and get it back...and hopefully I don't have some kind of fine or court case...I just don't like the not knowing part you know, I am a law abiding citizen if the law was clear and stated exactly what is and is not allowed I would honor it and not carry what is not allowed, but I still don't really know so I walk around and when I see a cop I get nervous like I am doing something wrong and I hate that! I have never had a problem with anyone concerning ym knives but maybe thats because I live in a rural area, I can't imagine being a city guy and being hassled about my tools...
    - Jeff

    My Emails:
    cutlerylover@hotmail.com
    pyrosharp@aol.com

    My Free Websites:
    (Knives) http://www.freewebs.com/cutlerylover
    (Zippos) http://www.freewebs.com/pyrosharp


     
    Manodegat2
    Master Member KnifeNut!
    *
    11-29-06 08:15.15 - Post#1094557    


        In response to cutlerylover

    My son lives in one of the Philadelphia suburbs (Glenside); and as I understand it, Pennsylvania will honor my Kentucky concealed-carry license. That license allows me to carry just about any weapon not specifically forbidden by Federal law--no grenades, flamethrowers, etc. But you can damn well bet I'd be very careful about testing that reciprocity.

    I sometimes think the laws are purposefully vague to allow maximum LEO discretion.
    Mike Adkins,
    Louisville, KY, USA

    Imaginary friend to the stars.


     


     Page 1 of 3 All123
    Icon Legend Permissions & Sharing Options Topic Options
    Print Topic


    38963 Views
    KnifeForums.com - Intelligent Discussion for the knife enthusiast
    KnifePromotions

    arenaro@verizon.net

    FusionBB™ Version 3.2 | ©2003-2014 InteractivePHP, Inc.
    Execution time: 0.273 seconds.   Total Queries: 168   Zlib Compression is on.
    All times are (GMT-12.0). Current time is 21:57.40
    Top