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Thread: PA Knife Laws
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June 20th, 2020, 09:47 AM #1
PA Knife Laws
New to PA laws, so please excuse my ignorance. I'm interested in an EDC knife. It is my understanding that as long as I have a legal knife, I can carry it open or concealed, as long as it's for legal purposes. I wasn't sure how the concealed aspect worked since PA is an open carry state. If concealed, does that mean I need a CCW permit, or does this not apply to knives and only to firearms?
And there is no limit or restriction on blade size?
I know, I know...I brought a knife question to a gun forum...
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June 20th, 2020, 09:49 AM #2
Re: PA Knife Laws
My understanding was always that localities can pass whatever laws they want for knives. So one township can have totally different laws than another and whether you are arrested for having a knife probably depends on circumstance and discretion of the officer.
Please correct me if i am wrong.
-Zach
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June 20th, 2020, 09:55 AM #3Grand Member
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Re: PA Knife Laws
Correct. Knives do not enjoy preemption like firearms, so every dip shit mayor in every dip shit town or city can have their own bs knife laws.
The only law state wide law is no switchblades.
PHP Code:§ 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.--
(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.
(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.
(Dec. 20, 1983, P.L.291, No.78, eff. imd.; July 6, 1984, P.L.647, No.134, eff. 90 days; July 11, 1985, P.L.235, No.58, eff. 60 days; Oct. 4, 1994, P.L.571, No.84, eff. 60 days; Nov. 6, 2002, P.L.1096, No.132, eff. 60 days)
2002 Amendment. Act 132 amended subsec. (c).
References in Text. The act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training Law, referred to in subsection (d)(1), was repealed by the act of December 19, 1996 (P.L.1158, No.177). The subject matter is now contained in Subchapter D of Chapter 21 of Title 53 (Municipalities Generally).
Cross References. Section 908 is referred to in section 6105 of this title; section 3304 of Title 5 (Athletics and Sports).
Last edited by God's Country; June 20th, 2020 at 09:58 AM.
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June 20th, 2020, 04:13 PM #4
Re: PA Knife Laws
Your reference to a "CCW permit" is actually an LTCF (License To Carry Firearms). Note the word firearm(s). It does not mean "weapon".
Rick
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June 20th, 2020, 04:45 PM #5
Re: PA Knife Laws
You generally do not get hassled for any knife unless you threaten someone with it or are in the commission of another crime.
https://www.akti.org/state-knife-laws/pennsylvania/
In Philly , you cannot carry any knife!
Philadelphia Code §10-820. Cutting Weapons in Public Places.
(1) Definition.
Cutting Weapon. Any knife or other cutting instrument which can be used as a weapon that has a cutting edge similar to that of a knife. No tool or instrument commonly or ordinarily used in a trade, profession or calling shall be considered a cutting weapon while actually being used in the active exercise of that trade, profession or calling.
(2) Prohibited Conduct. No person shall use or possess any cutting weapon upon the public streets or upon any public property at any time.
(3) Penalty. The penalty for violation of this section shall be a fine of not less than three hundred (300) dollars and imprisonment of not less than ninety days.I don't speak English , I talk American!
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June 20th, 2020, 04:55 PM #6Grand Member
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June 20th, 2020, 08:43 PM #7
Re: PA Knife Laws
You are neglecting to consider any of the exceptions listed at 908(b), e.g., curio and dramatic performance. The important part of that is that NOWHERE under 908 is "curio" defined. The dictionary lists it as "an item of interest". Duh! I'm very interested in automatics! As such, mine are curios. In the absence of other criminal acts, there is really no way of making a charge of possession of an automatic (aka, switchblade, aka , prohibited offensive weapon) stick. I'd even go so far as to say that it should be dismissed under 908 Section 312 De Minimus Infractions.
As for assisted opening knives, read this from the American Knife and Tool Industry:
https://www.akti.org/state-knife-laws/pennsylvania/
The main issue that you have is the "common lawful purpose" issue. Just carry a "normal" knife. One that is common. I would argue that, if I bought it at Walmart, it must be a common knife.
The one thing that I've been doing is amassing images of automatics being used for common lawful purposes, in the event I'm ever called upon to present a defense. See here:
https://bushcraftusa.com/forum/threa...ay-use.264244/
Some really great, "common lawful" stuff going on there!
Feel free to sign up and add to it.Sed ego sum homo indomitus
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June 20th, 2020, 09:49 PM #8
Re: PA Knife Laws
Article 1 Section 21
"The right of the citizens to bear arms in defense of themselves and the State shall not be questioned"Si vis pacem, para bellumμολ ν λαβέWhat country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms!
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June 21st, 2020, 01:24 AM #9
Re: PA Knife Laws
Illegal to possess a knife in Phila unless it is work related (and I'm guessing that includes you need to actually be at work).
Illegal to possess a knife, but, apparently, it's ok to buy a knife and sell a knife. Lotta knives for a sale at the armory gun show at Southampton and the Blvd.There are two kinds of guns. Those I have acquired, and those I hope to.
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June 21st, 2020, 03:11 AM #10
Re: PA Knife Laws
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Last edited by free; June 21st, 2020 at 03:14 AM.
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