Just a point to keep in mind.  Misdemeanor convictions of the 1st and 2nd degree will make you a prohibited person in the eyes of the Feds and that means NO MORE GUNS.  

I know a lot of us like those assisted opening knives like the ones by Kershaw etc...  However they fall under the same general guidelines as automatic and gravity knives.  It would be a horrible thing to lose one's gun rights over something like that.  

Not trying to be a downer, just a realist.

John

Not Kershaw in particular, but any "assisted opening knife".  My reference for Kershaw was models like the Scallion model 1620.  When you get the blade started with the thumb stud, the torsion bar accelerates the process and opens the knife.  I am told by a member of the PSP that they consider that an auto as it opens under it's own power once initiated by the the user.

BTW, automatic knives are not illegal to own in Pa, but rather illegal to carry on one's person(under most circumstances).  I am simply letting guys know to be careful with a knife even if you think it is 100% legal it may not be as clear to the LEO that confronts you.


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)

* * *

Full text:

Title 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) Exceptions.--

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.
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.
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) Definition.--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, or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

Don't get me wrong, I think the chances of ever getting in trouble with any knife are remote if you are not doing anything to get in trouble in the first place.  There are some easy to obtain knives that have questionable legality in Pa.  I would love if some of our LEO members would chime in on their feelings with assisted opening knives.

The only reason why I brought up the PSP is because I was selling these knives in my store figuring they were legal to carry.  A couple of PSP troopers that frequent my shop informed me that they were illegal to carry in Pa as they are considered automatic.  I pulled them from my inventory.

John

Gary,

From what I am told(take that for what it is worth) as long as it is NOT assisted opening then it should be AOK to carry.  No gravity, no auto, no assisted.  If it only requires a flick of the wrist it is 100% legit as it is manual.  If when you hit the thumb stud either a spring or some other form of mechanical assistance allows the blade to come out easier it is viewed as an auto.

Again I am only going on what I have been told by a few local cops and a couple PSP troopers.  The one local LEO that hangs in my shop came in today and I asked him in detail and his understanding was that assisted opening knives constitute an auto.  He did however say that if he was busted for it he would certainly fight it as the law is somewhat gray on knives to begin with.

As for prohibited offensive weapons he said that can be anything used in the commission of a crime.  A knife, a gun ,a wrench, a pencil, a toothbrush.  Anything.