OT - Knife carry Law in PA.......

[Gary in Pennsylvania]

I'm looking to pick up a knife to carry along with my PCR. I'm 'In the know' regarding my rights with the firearm, but I'm having a tough time getting a clear answer on the knife carry question.

Here's a link that I think BEST explaines it http://pweb.netcom.com/~brlevine/pa.txt

Pennsylvania - Pa. C.S.A. 18.908. 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) Exception.--
It is a defense under this section for the defendant to
prove by a preponderance of evidence that he possessed of
dealt with the weapon solely as a curio or in a dramatic
performance, 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 would be used unlawfully.
(c) Definition.--As used in this section "offensive
weapon" means... any... dagger, knife, razor or cutting
instrument, the blade of which is exposed in an automatic
way by switch, push-button, spring mechanism, or
otherwise...
- also see 24 P.S. 13-1317.2. re: students bringing weapons
on to school property.]

Pennsylvania case law:
Where opening knife required lock to be released, and
once lock was released blade could be exposed by flip of
wrist, knife did not have blade which could be "exposed in
an automatic way"... by "otherwise" legislature referred
to knives that were opened by some sort of mechanism which
is not a "switch," "push-button," or "spring" mechanism
but still a mechanism... (1979)

I see NO limitation on blade/cutting edge length. The particular knife I'm looking is fixed and has a 4" blade.
Sooooo....That'd be OK, I suppose? And I'd likely carry it sheathed IWB or OWB. I need not concern myself with concealed or otherwise, I suppose?

Anyone wanna enlighten me?

[LorDiego01]

As far as i've heard, carrying any knife is illegal, but its at the cop's disposition if he wants to give you the $100 fine or not.

[DeltaII5]

Originally Posted by LorDiego01

As far as i've heard, carrying any knife is illegal, but its at the cop's disposition if he wants to give you the $100 fine or not.

$100 fine for what?

I have never seen anything that specifies a maximum length. I carry a pocket knife thats blade is about the width of my palm. Can't say i've ever had the need to carry a Ka bar on my belt.

[Gary in Pennsylvania]

$100 fine for what?

Exactly. What law/code/article/whatever is violated by the knife???

[danp]

Originally Posted by LorDiego01

As far as i've heard, carrying any knife is illegal, but its at the cop's disposition if he wants to give you the $100 fine or not.

I think you're referring to Philadelphia. My understanding is that Philadelphia has a local ordinance that makes the carrying of a cutting instrument a ticketable offense and possible confiscation. It happened to one of my co-workers but I do not know for sure beyond that.

[dgg9]

Originally Posted by danp

I think you're referring to Philadelphia. My understanding is that Philadelphia has a local ordinance that makes the carrying of a cutting instrument a ticketable offense and possible confiscation.

Well that's annoying, if true.

[axmdr40]

The law seems to clearly state that the knife has to be categorized at an "offensive weapon."

c) Definition.--As used in this section "offensive
weapon" means... any... dagger, knife, razor or cutting
instrument, the blade of which is exposed in an automatic
way by switch, push-button, spring mechanism, or
otherwise...

by the letter of the law, you can technically carry around a sword if you want...although probably not too advisible. The whole "spring mechanism" is pretty vague as well. I carry an SOG flashII and which is "spring assisted" which pretty much means you flick the thumb stud and the thing pops open. I encounter the Pitt Police at my university job on a regular basis and have used it in front of them without the bat of an eye from them.

[Rule10b5]

Knife law isn't like the Uniform Firearms Act. Any locality can regulate the use/carry of knives.

The lack of a state level law against knife carry is irrelevant.

[1FingrCHan]

Hello,

I can't speak for PA, but in my former Yankee state of CT. It said knife blade (not dagger) must be under 4". But I have heard that cops still harass people there so confiscation is not unusual. Some cops would say "you are going to the slammer for carrying this rig" this certainly scare any average boy and girl who has no knowledge of knife carry law. On the other hand, if you say something like "that knife blade is under 4" long and is legal". Then the cop might even make your life much more miserable.

I don't think it is about carrying big bowie around, it is about limiting the cop abuse of power. I have heard that the nation civility is judged by how the police is treating its citizen. Too much police, a police state.



1FingrCHan

[Gary in Pennsylvania]

Hmmmmm.....Interesting.

So, being curious, I called the Lackawanna County Sherriff. He told me flat out "No blade over three inches. That's it. Otherwise, you get in trouble."

I asked him where I can find that printed. His reply? - "That's a given! That's standard across the board. Ya can't do it. Check your PA Hunting and Fishing manuals."

I was totally not buying that. So i called Troop R PSP Dunmore. The dispatcher gave me a hard time too. He said call the sheriff. I told him I did and that he said no more than 3" was allowed. Dispatcher wholeheartedly agreed. Duh.
He starts grilling me as to why I need to carry a knife if I already have a CCP and a firearm (I offered that up front).
I reiterated that I am calling seeking information, and re-asked where it is written. His reply was "Well, I'm just the dispatcher; I’ll just transfer you to a trooper."

I explained to the trooper what I was looking for. I had a copy of C.S.A. 18.908 in front of me. And this trooper knew his shit! He starts rattling off the definition almost verbatim! I heard him stretch and reach as he told me "hold on" and I could hear him flipping pages. He found it and continued on verifying the content of the Code I posted above. I told him what my sheriff said and he promptly told me that I was misinformed. The trooper said I am well within the law if I wanted to carry a knife as I described. The only thing he found interesting is that it was his impression that double sided blades, such as daggers, are deemed Prohibitive Offensive Weapons and not permitted. But he corrected himself saying that, according to code, there is no such restriction on double sided blades....Or blade length. Just the manner in which the blade is deployed is in question.
The trooper was VERY friendly, unlike the sheriff and the dispatcher.

I feel better now!