Defensive Tools Other Than Your Handgun

[PA Traveler]

There have been numerous threads on the topic "what do you carry (besides your firearm)..." and folks routinely carry a variety of tools.

Can anyone recommend a good source for relevant Pennsylvania Law regarding knives and legal carry?

Thanks in advance-

[SHJ]

Linky-dink.

"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.

Emphasis is mine. As far as I'm aware, all knives are okay under PA law provided that they aren't switchblades or double-edged. IANAL.

That said, I carry a Buck 110 in my back pocket and either a Buck large stockman or a Kershaw Zing in my front pocket every day. I don't really have self-defense in mind; knives are just handy as all hell.

ETA: Townships, cities, etc. can and do have ordinances against various types of knives. Know your local laws in addition to state laws.

[Statkowski]

Section 908 of the Crimes Code lists dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mecha­nism, or otherwise as prohibited. That's about it as far as state law goes.

Statewide, there's no restriction on how you can carry a knife, sword, double-edged axe, machete or any other cutting instrument. Local municipalities, however, are not prohibited from enacting their own restrictions. I believe Philadelphia (surprise, surprise) has such a restriction (not to exceed a 3-inch blade?).

My son went to a Halloween party while in college wearing a full-length Samuri sword (the real thing). As long as he didn't slice-n-dice someone, he was perfectly legal, and he knew it.

[JCWohlschlag]

Daggers, which are basically knives with a sharpened edge on both sides, may be prohibited whether they are automatic or not.

There are two interpretations for the list of offensive weapons, one of which says that any “dagger, knife, razor or cutting instrument” is prohibited only if “the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise”. So, your dagger would be fine in this interpretation since it is a fixed blade.

The other interpretation separates all daggers out as prohibited, and any “knife, razor or cutting instrument” is prohibited only if “the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise”. This interpretation does have some credence to it, as 18 Pa.C.S. § 913 (Possession of firearm or other dangerous weapon in court facility) clearly separates a “dagger” from the “automatic blade” requirement. [“‘Dangerous weapon.’ A bomb, grenade, blackjack, sandbag, metal knuckles, dagger, knife (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.”] So, your dagger would be prohibited under this interpretation.

I cannot say which interpretation is completely correct, but the prohibition on all daggers, automatic or not, does have some corroboration.

Also, as mentioned earlier, municipalities can and do regulate knives since there is no preemption for them. Take for example…

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.

Finally, beware of any knife that does not have a “common lawful purpose” (which does not include self defense).

Secondly, even if your boot knife isn’t prohibited as a dagger alone, it may still be prohibited as “[an]other implement for the infliction of serious bodily injury which serves no common lawful purpose”. Even though your boot knife has a conceivable lawful purpose, it may not have a common lawful purpose. [Commonwealth v. Lawson, 2009, Superior Court: “‘While some conceivable lawful use could be found for almost every object otherwise proscribed by Section 908, the statute does not prohibit only items with no conceivable lawful purpose, but, more broadly, items with no common lawful purpose.’ Commonwealth v. Hitchon, 549 A.2d 943, 947 (Pa. Super. 1988) (emphasis in original)”] Also, self-defense is not a valid common lawful purpose for the measurement of a weapon’s prohibition under § 908. [Commonwealth v. Lawson, 2009, Superior Court: “Lawson also argues that self-defense is his common lawful purpose for carrying the knife. Under the definition suggested by Lawson, any weapon could be used for self-defense, and the purpose of the statute would be nullified.”]

[Virtualmatt]

What about a bow? Am I allowed to walk around with an arrow nocked?

[ruggerio]

Linky-dink.



Emphasis is mine. As far as I'm aware, all knives are okay under PA law provided that they aren't switchblades or double-edged. IANAL.

That said, I carry a Buck 110 in my back pocket and either a Buck large stockman or a Kershaw Zing in my front pocket every day. I don't really have self-defense in mind; knives are just handy as all hell.

ETA: Townships, cities, etc. can and do have ordinances against various types of knives. Know your local laws in addition to state laws.

i would then venture that the defense of ones life and or property constitutes common lawfull use and as such all of those items mentioned are legal if not used in common unlawfull pursuits.

[sk8r101all]

PA knife laws are messed up. Too confuseing.

[JCWohlschlag]

i would then venture that the defense of ones life and or property constitutes common lawfull use and as such all of those items mentioned are legal if not used in common unlawfull pursuits.

Read the bottom section of my above post (post #4).

[knight0334]

I have steeltoed and shanked engineer boots that I wear everywhere except airport TSA checkpoints. They are over a pound in weight each, making effective foot weapons and protection, a good club, and I've been known to use them as hammers too.

Other than the boots and a 4lb mini-sledge in the truck, all my other defensive tools are firearms.

[Relex]

I usually carry either a Gerber or Winchester pocket knife then I have a Smith & Wesson boot knife for when I wear my boots.