Legal Knives in Pennsylvania
There are a number of knives on the market whose blade is “automatically exposed by a switch, push button, or spring mechanism” that are not legal to own in Pennsylvania. He cites two reasons for bipartisan support. While this is a Second Amendment issue, knives are not guns, and allowing people to carry them legally is criminal justice reform, Ritter explained. States have reciprocal agreements among themselves that allow firearms owners to legally transport firearms in both the country of origin and the country of destination. Billeb said no such agreement is planned for knife owners. The law prohibits people who have committed criminal offences from carrying knives in public places. The ban on this group also extends to other types of offensive weapons in the state, such as firearms. You need a criminal defense lawyer who stands in your corner and represents you for the best legal outcome. If you need a Pennsylvania criminal defense attorney, call us today in Worgul, Sarna and Ness at (412) 214-9394. Representative Martin Causer introduced HB in 1929, which would make the manufacture, sale and possession of automatic knives legal in Keystone State. If passed, it would allow Pennsylvania to join other states with few or no restrictions on automatic knives. Currently, the state code states: Pa.
C.S.A. 18.908 that possession of automatic knives is permitted only if the owner has a “lawful purpose” for the possession of such a knife. Carrying a car blade is totally prohibited. While owning a knife is not illegal, there are limits to its use. There are also limits where you can carry a knife. In 2009, an exemption to the law was passed that protects power-opening knives – which are usually opened with a flick of a thumb – from being mistaken as a switch blade. Owning a knife may not be illegal in Pennsylvania, but if you`re a knife enthusiast or an avid hunter, you need to know more about the state`s knife laws. This way, you`ll also have a better idea of when to consult a lawyer. The move will benefit Pennsylvania knife makers, who Causer said had a competitive disadvantage over manufacturers in 43 other states that don`t ban automatic knives. Any item in the broad category “Knives” “whose blade is automatically exposed by switch, push button, spring mechanism or other” is limited.
This limitation does not apply to “assisted opening” or “gravity” knives based on the doctrine of strict interpretation and interpretation of the law by the courts of Pennsylvania. (See discussion below). While many states have lifted switchbla bans, Ritter says, some cities still regulate them. In Philadelphia, for example, knives are banned on public property. There is a legal stigma against automatic knives that goes back decades, although many would argue that they are virtually no different or more insidious than any folding knife. Illegal possession of a firearm in the state is a criminal offense. If you`ve been caught with a knife, you know you have rights. One of them is a call from an experienced criminal defense lawyer. States with current restrictions on the possession or carrying of automatic knives are Illinois (possession and carrying permitted with valid identification of the firearm owner), Minnesota (possession permitted only for antiques or curiosities), New Jersey (possession with “lawful purpose” allowed, carrying permitted for hunting or fishing with a valid hunting or fishing license), New York (like NJ, but can also be used to fall), Pennsylvania and a few others. Connecticut has regulations similar to those of Jersey and New York.
Butter knives are legal to own if it`s your blade of choice. Pennsylvania`s most important knife law is Section 908 of the PA Crimes Act, titled “Prohibited Offensive Weapons.” The knife-specific wording states that automatic knives cannot be possessed and are prohibited as “offensive weapons” unless the knife is stored and treated “as a curiosity.” Most Section 908 knife trials in Pennsylvania are based on common catch-all language, which prohibits possession of a “device” to cause serious bodily harm that serves no common legal purpose. Reed said state law means you can`t carry guns — including knives — on school grounds or in courthouses. Knives are also not allowed in some government facilities. It is legal to carry assisted open knives, pocket knives, buck/bowie/hunting knives, butterfly/Balilong knives, daggers and razors. Switchblade knives must be legal and arbitrarily long. You can carry a weapon, but not a blade knife. It is time to get rid of these archaic laws. Remember not to bring a knife during a shooting. “You can`t go to an outdoor show without seeing 7,000 vendors selling knives,” Millsaps said. “You can get a gravimeter or a spring knife or a switch blade and it could cost you a few hundred dollars and you`d hate a $700 investment taken by the cops.” Under Pa 908, current properties are considered illegal: “There`s no way to say it`s still legal or it`s always illegal,” said West York Police Chief Matthew Millsaps. I always look at the functional advantage and if it serves any purpose.
It should be noted that the charges against the accused Ashford arose from possession of a knife in February 1976. The case was decided before assisted opening technology (and mobile phones) became commonplace. Power-opening knives have been widely used in Pennsylvania for over a decade. Meanwhile, the Pennsylvania legislature did not amend Section 908 to include specially supported opening knives. Further, it did not take legislative action to correct Ashford`s involvement if it was perceived as a misinterpretation of Section 908 or as the result of an unintentional loophole. If you own these illegal items, there are a few exceptions that are built into the law. This information is presented as a brief summary of the law and not as legal advice. AKTI is not and cannot be a provider of legal services.
Use of the Website does not create an attorney-client relationship. Laws are interpreted differently by law enforcement officers, prosecutors and judges. AKTI suggests that you consult legal counsel. In Ohio, you can only carry a car knife if it doesn`t meet the legal definition of a “deadly weapon.” In North Dakota, you need a dangerous weapons license. In North Carolina, car knives cannot be transported hidden, and this is also the case in Nebraska and Mississippi. Massachusetts only allows concealed carrying of car knives if the blade is 1.5 inches or smaller. Maryland requires a CCW permit to conceal carrying a car knife, as do Kentucky and Iowa. If the blade is larger than 5 inches, you will need a permit in Georgia. The Pennsylvania legislature ended the ban on automatic knives in the state. How on earth have automatic knives, which have been around since the mid-1700s, become so feared and required by law when they don`t really open much faster than a backrest with a thumb stud? It all goes back to a post-war political smear campaign. A recognized principle of statutory interpretation provides that if one article is explicitly mentioned, other positions at the same grade are excluded. In “legal language” this is called expressio unis est exclusion alterius.
Any dagger in which a blade is automatically exposed is expressly designated as prohibited. Accordingly, a knife that generally meets AKTI`s proposed standard definition of “dagger” is exempt from the prohibition in Section 908. First, a knife or blade should be exposed automatically. This means that the knife must have a mechanism to conceal and expose it.