Re: knife carry in PA
Its title 18 section 908 Prohibited offensive weapons with poorly word law doesn't give an exemption for any knife for most people.
Originally Posted by axell2002
can you carry a folding knife (such as buck 110 or 112) in a sheath on your belt? the pa law is so vague on this subject.to me it looks like its a situational response from the police on what will happen.anyone know for sure,i want to carry my knife but dont want it taken or be arrested for having it either.
side note:just saw buck 110 automatic sheath that opens knife on withdraw,pretty cool but guessing not legal either?
There are numerous threads on this subject on PAFOA.
See section C under Definitions
People have been charged with carrying a buck 110 folding knife in PA.
We are trying to get a legislative fix for this BTW to rewrite this section
While it does say anything that open with a spring. It also says any knife or cutting instrument is defined as a Offensive weapons.
18 Pa.C.S. § 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.
(1) 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.
(2) 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.
(3) 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) Definitions.--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, any stun gun, stun baton, taser or other electronic or electric weapon 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:
(1) 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. [FN1]
(2) 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.
(3) Pennsylvania State Police officers.
(4) Sheriffs and deputy sheriffs of the various counties who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
(5) Police officers employed by the Commonwealth who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
(6) Deputy sheriffs with adequate training as determined by the Pennsylvania Commission on Crime and Delinquency.
(7) Liquor Control Board agents who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
The short answer YES the police can and could charge you for carrying any knife in PA, unless you meet one of the Exceptions or Exemptions in 908.
A single line exemption could be add such as:
(8) if you are not prohibited from owning a firearm or have NO intent to use the knife or cutting instrument to aid in a commission of crime as emerated in this section.
Then this section 908 wouldn't be such a problem, either way should have a re write to clean up the language, which is in the works hopifully to be introduced in the fall of 2011. Then is up to us to support the change, work on re wording further by amendment or take your chances with violating the existing
We all should be Thankfully most police and WCO officers don't have that mind set yet to charge you because they can charge you and excerise some common sense.
Now IF you make one mad at you well..........
Note how going to the range with a sand bag could also get you charged and since this is the UFA offense and especialy IF combined with any other charge and convicted could give you a life long prohibition from owning firearms.
Originally Posted by WhiteFeather
When the law (any law) is not crystal clear you rely on the mercy of a judge or a prosecutor's understanding or YOU having the ability / cash to hire an attorney to save you instead of the law giving you protection, because it was poorly written, ripe for interpretation and abuse of what your "intent" was.
LIBERTY IS ALWAYS DANGEROUS, But its the SAFEST thing WE have