Butterfly Knives

[knighthawk06699]

Does anyone have any clue as to what the laws in this state are about butterfly knives?

[gnbrotz]

I'm curious to see the answer to this.

What I DO know is that as early as 1989, if you had one on your person when you went in to tour the J. Edgar Hoover FBI Building, you didn't when you left.

[PisnNapalm]

I dated a girl in college who was very adept at the art of using an butterfly knife. She grew up in a sort of rough neighborhood. She could take care of herself.

[Rule10b5]

Defensibly legal in Pa., as at least one court has expressly found that it is not a prohibited offensive weapon under 18 Pa.C.S. 908.

Commonwealth v. Miles, 1989 Pa. D. & C. LEXIS 399 (January 12, 1989). It's a Common Pleas case, so it isn't going to get you a ton of mileage, but I personally don't really see a strong case for arguing that it falls within 908(c). I think there may be an appellate level case from the mid-80s on the issue, but I don't have time to look it up.

Here's the plain language of 908(c) if you want it -- prohibited offensive weapons are:

"Any bomb, grenade, machine gun, sawed-off shotgun, 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."

Honestly, they're interesting, and I probably wouldn't have a problem owning one if I were into knives -- but I wouldn't carry one. It makes you look like a punk to a responding officer. And unless you know how to use it, you're better off with a regular folder like a buck or spiderco or whatever.

[bdevil73]

I'm not 100% certain, but I think they arelegal to own. You just can't legally carry them. At least I hope that's the case.

[knighthawk06699]

Well how about my Kershaw it has assisted opening is that leagal? Bought it at Dick's sporting goods.

[Rule10b5]

Well how about my Kershaw it has assisted opening is that leagal? Bought it at Dick's sporting goods.

What am I, the answer guy?

I don't know exactly how your knife works, so I couldn't say. An easy test is this: Can you push a button or flip a switch that causes the blade to expose with no further action by you? If yes, then it's a prohibited weapon.

If you have a spring that "assists" you in getting the blade out faster as you push a lever to move the blade, then you're probably fine.

Keep in mind the following: The knives you're talking about are incredibly common. Most people I know who carry or regularly use knives own one. Every police officer I know owns one. And 99% of them would swear that they're legal.

Does that make it legal if a judge says you're just enough on the ugly side of the line for it to matter? Nope. You're SOL, and spending money on an appeal.

Again: Why not just carry a regular folder? Are you really going to have to get your knife out in that much of a hurry? Can you see yourself using a knife as a weapon? Have you been trained to use a knife as a weapon? When benefit do you get from using a knife as a weapon? If you pull a knife, you're using deadly force -- and giving the other guy justification to legally blow out your brains. Why not use a more efficient weapon?

[knighthawk06699]

Thank you all for your time I do appreciate it. I use my knife all day to open boxes and what not, so yes it is super convient. I have been trained on a knife, but a do preferre a "more efficent weapon". Not to mention I don't like being that close to an attacker. Sorry I am educated just a horrible speller. lol

[Rule10b5]

Thank you all for your time I do appreciate it. I use my knife all day to open boxes and what not, so yes it is super convient. I have been trained on a knife, but a do preferre a "more efficent weapon". Not to mention I don't like being that close to an attacker. Sorry I am educated just a horrible speller. lol

No worries, my pleasure.

[RocketFoot]

I've always heard that you can own them, collect them...just don't carry them! Same with switch blades. Heck, you can still by switch blade kits and build them...just don't ever get caught carrying one! LOL