Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Dec 2012
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    NE Phila, Pennsylvania
    (Philadelphia County)
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    Default Need advice for trial for carrying knife in Philly

    I have a trial soon with the municipal court in philly in regards to me carrying a knife in my pocket in the subway station. The knife clip was seen by the septa officer and he took it out and wrote me a citation. I was then given a trial date at the hearing.

    I actively use this knife for work purposes to open boxes (those plastic tensioners that keys can't get through) and break down boxes for recycling at a restaurant.

  2. #2
    Join Date
    Nov 2010
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    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Need advice for trial for carrying knife in Philly

    Hopefully the judge will be receptive to your explanation. By the letter of the law however, you are in a bit of a bind....

    The knife has to be commonly or ordinarily used in a trade and while actually being used in the active exercise of that trade

    So if you have just an ordinary pocket knife that was "nothing special" and were not "at work" you may have a hard time with your hearing.

    Hopefully the judge sees the idiocy in the ordinance..... good luck to you.

  3. #3
    Join Date
    Jun 2011
    Location
    Frankford/Wissinoming, Pennsylvania
    (Philadelphia County)
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    28
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    Default Re: Need advice for trial for carrying knife in Philly

    If I were in your boots I would have some co-workers and even a supervisor or owner is possible write out a little letter addressed to whom it may concern that they've seen you use this knife at your job, why it's easier for you to use it, and so on. Then get these notes noterized. Also bring in a copy of your hours so they can see when you clocked in/out.

    Best of luck to you, please let us know how this turns out.

  4. #4
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
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    Default Re: Need advice for trial for carrying knife in Philly

    To have a knife at work, you need to transport the knife to and from work (unless you have a locker, which still means that you had to get it there once.)


    Letters from your boss or co-worker may be deemed to be inadmissible "hearsay", because that's what they are. Better than nothing (because you can offer to provide them, and even if they're ruled inadmissible, the judge knows you have them), but not as good as a live witness. If there's a letter or an employee handbook detailing your job duties, that was prepared for reasons other than the trial (in other words, prepared in the usual course of business), then that might be admissible.

    You could also look for (or create) pictures of people in your trade using knives. A picture of you at work, with a pile of boxes freshly knifed-apart, would be admissible evidence. An ad in an industrial supply catalog for box cutters would be admissible.

    It's just a summary offense, meaning that the rules of evidence may be flexible. Go in loaded for bear, provide more than your unsupported word.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Free seminar 7/18/19 in Quakertown: https://www.senatormensch.com/concealed-carry-seminar/

  5. #5
    Join Date
    Dec 2012
    Location
    Milford, Pennsylvania
    (Pike County)
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    Default Re: Need advice for trial for carrying knife in Philly

    No advice really, but good luck!

  6. #6
    Join Date
    Apr 2013
    Location
    Monroeville, Pennsylvania
    (Allegheny County)
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    Default Re: Need advice for trial for carrying knife in Philly

    My advice would be to seek advice from a lawyer.

  7. #7
    Join Date
    Jan 2009
    Location
    Newport, Pennsylvania
    (Perry County)
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    Default Re: Need advice for trial for carrying knife in Philly

    Quote Originally Posted by Holster View Post
    My advice would be to seek advice from a lawyer.
    ^^^^^^^^^^^^^^^^^^Go up a couple of posts^^^^^^^^^^^^^^^^
    "A man who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself"

    "He created the game, played the game, and lost the game.... All under his own terms, by his own doing." JW34

    "Tolerance is the lube that helps slip the dildo of dysfunction into the ass of a civilized society." Plato

  8. #8
    Join Date
    Nov 2009
    Location
    West Chester, Pennsylvania
    (Chester County)
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    Default Re: Need advice for trial for carrying knife in Philly

    IANAL so I really don't know the answer, but is a summary offense (a ticket) the kind of trial where the LEO who wrote the ticket has to show up? If so, come prepared to argue but I would think there is a good chance that just by you being there and the cop not you can get off.

  9. #9
    Join Date
    Dec 2012
    Location
    NE Phila, Pennsylvania
    (Philadelphia County)
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    Default Re: Need advice for trial for carrying knife in Philly

    Yes I did get cited after I got out of work. The time I clocked out is only less than 10 minutes apart from when I got cited. I have no priors or info stating I can use the knife. I'm just really nervous since I've never actually been in a courtroom before.

  10. #10
    Join Date
    Jan 2013
    Location
    Berks County, Pennsylvania
    (Berks County)
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    Default Re: Need advice for trial for carrying knife in Philly

    WOW, is it illegal to carry a knife in Philly, or just on public transportation? Is there a permit for that?

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