Switchblade ownership illegal in Pennsylvania?

[dogngun]

I have owned a switchblade for several years. It is usually in a drawer it home, except when I take it out for a little compulsive clicking, etc. I have always thought that ownership is legal, carrying is not, but today I was told by a lawyer that it is illegal even to own a switchblade in PA, even in your home or on your private property.
Where can I find the real facts on this?
Thanks for any help.

mark

[j.a.c.]

there are 100's of sites and each one gives different answers to the question.
google knife laws , and check a couple , you'll find conflicting info , so use your own judgement.
The problem is the laws were written so that no one understands em. I was also under the belief you could own them in P.A. as a curio ,but couldn't carry em.


this site says it's legal ????? you might want to contact your local D.A. ,they prosecute ,so would know the law.
Asking a local L.E.O. doesn't help because too many laws and not enough info , so even if legal a cop may tell you otherwise.

[stepdaddy]

Here it is right out of the PA Crimes Code (laws of PA) State Statue 908 Prohibited Offensive Weapons. Paragraph (a) Offense Defined- A person commits a misdemeanor of the first degree if he makes, repairs, sells or otherwise deals in, uses, OR POSSESSES any offensive weapon.
Paragraph (c) defines Offensive weapons as- Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, Firearm made for silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument the blade of whichis exposed in an automatic way by switch, push button, spring mechanism or other implement for the infliction of serious bodily injury that serves no common lawful purpose.

There is an exception in there for items of curio and items used in a dramatic performance (excluding bombs)
So inside your house in a display case OK, out in public clicking away is a no no.



SD

[stepdaddy]

Let me also add I've been waiting to see if this state statue gets changed or amended since the Microtech company is now operating out of PA in an obvious violation of the above listed statue. If the law doesn't list exceptions there are none and since MT is making and repairing autos in Pa. there could be issues.



SD

[dogngun]

They were also selling "spring assisted" opening knives at a local WalMart and IIRC, Dick's Sporting Goods.
Everyone seems to have a different opinion, but they all are only opinions.
I too would like to see s clarification or change in these laws, but don't hold your breath.
Our current Governor is a weasel.
Thanks for the responses.
mark

[stepdaddy]

They were also selling "spring assisted" opening knives at a local WalMart and IIRC, Dick's Sporting Goods.

The Assist Openers are legal as are Balisongs in Pa.
When I first saw the Kershaw Blackout about 8-9 years ago I was sure that the new breed of fast opening tactical folders would get added to the list of Prohibited Offensive Weapons. Since they are as fast as switchblades, but it hasn't happened (knock on wood).



SD

[Vanagas]

Did he say SANDBAGS?!?!

[truthandjaney]

What gets me is the law in Wis. is so broad with regard to switchblade ownership/buying/selling that to read it would make one believe that anything is considered an offensive weapon. And I believe it was written just for that purpose. Much like carrying an unconcealed, unloaded, holstered side arm, which under wis. law is legal, but I'm sure an officer of the law spotting you, could find some crime to charge you with, like disturbing the peace, or dissorderly conduct, thats always a good one. It seems to me that in states such as wis. a da could make a case, by claiming that you created an unsafe situation or made someone feel uncomfortable, or panic. The SB law that went on the Fed. books in 58 created a frankensteins monster (sorry franky). We all know that a sb is no more dangerous and in most cases less so than most thumb stud one handers and assisted openers, but the image most Americans have is different. I love asking someone, what makes a switchblade more dangerous? Once their answers are challenged with (hold on to your hats) logic! They in most cases fall back on the blanket answer "well we don't need anymore weapons on the streets anyway". The law was an ass in 58 and I'm afraid will remain so for a long time.
T&J

[butch]

this is taken right from the P.a. knife laws page and it states right in the article that they are illegal here in Pa. "except" as a curio as jac stated these laws were written a very long time ago and its not surprizing that L.E.O.'s or lawyers dont really knows the laws concerning automatic knives.

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. 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(b) 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

Also S.d. is right,spring assist and balisong knives "are" legal here there are several sporting goods stores that sell both.

[stepdaddy]

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

About 5-6 years ago section D was over turned by the PA supreme court. They also ruled that the use of a blackjack could be considered the use of deadly force.



SD

[John Brown]

I live in Pa. About 6 years ago when I got serious about adding to my small collection, I asked a local cop who is a friend of mine. He said that carry and ownership is forbidden. Except ownership by a "collector". I asked him how to get registered as a collector. He told me that if I collect, I'm a collector. Don't take this as anything official at all, please - just my experience. JB

[Markco the Mad otter]

Hmmmmmmmmm
wonder if I collect here, if I can collect there and then become a national collector and be able to travel state to state to state with my knives and be legal..
I suppose that to prove that you are a collector that you should carry more than one switchblade with you at all times.
I have heard the same thing, that if you were a collector it was...less gray...?
Maybe if your a good fellow and not do anything stupid like snap your blade out in a LEO's face, things will be cool.
Lot of gray, where ever ya go

[krakenten]

A note on blackjacks-yes, use of one is deadly force, when used on the head or neck.

I hit a lot of people with these things over the years, but I always stayed away from the head, a whack to the body, if you know where to whack, is disabling.

Somehow, the idea that a blackjack is something you can casually clock somebody with, and do no real harm, is totally untrue.

Bop a guy with a baton on the gourd, and you can do him a serious injury, and a blackjack is no more effective, or dangerous than any other impact weapon.

Bottom line, if you hit someone, you had best be in serious need of doing so, and prepared to justify your actions.

(the declining health of the criminal population enters into this, too, when I began my career, you could barely injure a subject with a crowbar, now, they die from being cuffed too long-drugs, my friends, drugs.).

Yes, I once banged a guy on the jaw with a 'jack-he kept trying to bite me, and this was at the height of the AIDS epidemic, and I considered that a attempt to kill me, so I wanted to take his teeth out of the fight.

He started to cry.

I was careful to see that nobody knew about that, and the guy thanked me, later.

Crazy way to make a living!

[butch]

the best way to fend off someone with a baton is a good whack in the knee cap he will go down and he will live afterward.

[tr4252]

A note on blackjacks-yes, use of one is deadly force, when used on the head or neck.

I hit a lot of people with these things over the years, but I always stayed away from the head, a whack to the body, if you know where to whack, is disabling.

Somehow, the idea that a blackjack is something you can casually clock somebody with, and do no real harm, is totally untrue.

Bop a guy with a baton on the gourd, and you can do him a serious injury, and a blackjack is no more effective, or dangerous than any other impact weapon.

Bottom line, if you hit someone, you had best be in serious need of doing so, and prepared to justify your actions.

(the declining health of the criminal population enters into this, too, when I began my career, you could barely injure a subject with a crowbar, now, they die from being cuffed too long-drugs, my friends, drugs.).

Yes, I once banged a guy on the jaw with a 'jack-he kept trying to bite me, and this was at the height of the AIDS epidemic, and I considered that a attempt to kill me, so I wanted to take his teeth out of the fight.

He started to cry.

I was careful to see that nobody knew about that, and the guy thanked me, later.

Crazy way to make a living!

Wow! I don't think I've ever seen more good common sense in one post. Maybe Al has come pretty close, though.

Tom