AR15.Com Archives
 Switchblades. Legal to own in PA?
silveradoguy17  [Member]
7/3/2006 6:47:59 AM EST
So Im told that a switchblade is legal to own in pa but is illegal to carry... Can anyone shed light on this?
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Steve_in_PA  [Member]
7/3/2006 7:13:40 AM EST
Nope, they are illegal to carry or possess.

§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.
silveradoguy17  [Member]
7/3/2006 8:06:49 AM EST
then how are the kershaws at walmart legal?
JoePA  [Member]
7/3/2006 9:05:17 AM EST
Kershaw are "speed assist" knives - they are technically not automatics... there is an unofficial exemption for collectors who have automatic knives in their collections, typically refered to as "regulatory discretion" for those who legitimately collect knives - but, they are still specifically prohibited by law for non LEO's or active-duty military....
feral  [Team Member]
7/4/2006 4:39:11 AM EST
I don't think they're illegal to simply possess....having a collection of them represents dealing with them as curios. They most definitely can't be carried.

But then again, I'm not an attorney and could be mistaken in my interpretation of the law.

Originally Posted By Steve_in_PA:
Nope, they are illegal to carry or possess.

§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...
speedracer422  [Team Member]
7/4/2006 7:44:54 AM EST
Fuck 'em. I've carried an automatic knife for years. Have been stopped and had to hand it over to LEOs on a number of occasions; Hell, I handed it over to a cop 2 weeks ago while being cited for tossing a quarter-stick out the window of my truck. I've never once had an officer hit the button on my knife and give me any grief about it. I've got a dozen more and will the pay the stupid fine if they make an issue of it. They're just too handy and practical.



Speed
Steve_in_PA  [Member]
7/4/2006 8:57:55 AM EST
So, your carrying a switch blade and tossing quarter sticks out your window. Nice. My hero.
silveradoguy17  [Member]
7/4/2006 9:26:36 AM EST

Originally Posted By speedracer422:
Fuck 'em. I've carried an automatic knife for years. Have been stopped and had to hand it over to LEOs on a number of occasions; Hell, I handed it over to a cop 2 weeks ago while being cited for tossing a quarter-stick out the window of my truck. I've never once had an officer hit the button on my knife and give me any grief about it. I've got a dozen more and will the pay the stupid fine if they make an issue of it. They're just too handy and practical.



Speed


dude where do you live..... I want some quarter sticks...
LastDefender  [Team Member]
7/4/2006 12:26:44 PM EST
I was always told the Kershaw's couldn't be legally carried in PA by non-LEO's. Does anyone have any further info on this?

Regards,
Garys
slidestop  [Moderator]
7/4/2006 2:00:20 PM EST

Originally Posted By LastDefender:
I was always told the Kershaw's couldn't be legally carried in PA by non-LEO's. Does anyone have any further info on this?

Regards,
Garys


Gary

I think somebody was pulling your leg . They sell Kershaws and other like knives everywhere in the state , if they weren't legal to carry I doubt they would sell them . I could be wrong if so Im breaking to law because I carry one.
LastDefender  [Team Member]
7/4/2006 3:03:57 PM EST
Jerry,

The highlited part is what I was told makes the Kershaw an offensive 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.
AKsRule  [Team Member]
7/4/2006 3:41:46 PM EST
The Kershaws can't be opened unless you ACTUALLY push on the Blade , the spring
just gives it a little push.


Trust Us Gary , its an Urban Myth

Now Step away from the BOLD button
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