legallity of carrying a knife

[hjmoosejaw]

Does anybody have any knowledge of what type,what length, etc. of knives are okay to carry in Pa. ? Also, concealed or open.

[gnbrotz]

There is no state preemption with knives, so any local municipality can regulate knives/knife carry in whatever manner they wish. It's FAR easier to know you are legally carrying a firearm than a knife. For example. I have a knife that I can legally carry in DC that is illegal in Philadelphia.

There are some types of knives that are prohibited statewide (by state law) - daggers and automatic openers being two examples.

[hjmoosejaw]

To gnbrotz: Thanks for the info. Also, I was reading some of the material in this site and somebody said they were one of the 3%. Can you fill me in on what the 3% is?

[gnbrotz]

Roughly three percent of the population fought for liberty at any given time during the American war for Independence. With a colonial population of 2,500,000 to 3,000,000 only about 250,000 men served during the war with never more than 90,000 men serving at any given time.

Historians have estimated that approximately 40-45% of the colonists supported the rebellion while 15-20% of the population of the thirteen colonies remained loyal to the British Crown. The remaining 35-45% attempted to remain neutral.

The notion is that a determined minority IS enough to effect change.

[hjmoosejaw]

To gnbrotz: Wow, that's a really neat bit of information. I'm gonna copy that down. I really appreciate you getting back to me. Thanks again, hjmoosejaw

[jahwarrior72]

to my knowledge, there is actually only ONE knife that has not been named a prohibited "offensive" item, as per Commonwealth V. Miles, and that would be a balisong/butterfly knife. i think it's the only knife in PA that can claim that distinction. but, as gnbrotz has said, local governments can restrict the carrying of them.

[pacarry]

This is where I have to agree with some of you and disagree with some of you.

The common thought of a knife being illegal is wrong. There is no such thing as an illegal knife to carry. However, there such a thing as an illegal knife to conceal and carry.

You can open carry any type of knife, dagger, or blade as long as it is in plain view, such as a firearm.

In PA, illegal knifes to conceal without a military or police license include switchblades, which are defined by opening from a button that is located on the handle. Assisted openers 4-inches or less are completely legal to conceal. Generally any knife that you would conceal has to be 4-inches or less, however any city can put there own limit on blade length.

Now this is where I disagree with what one of you said. To my understanding butterfly knives were completely legal to conceal as long as the blade was 4 inches or less. I remember reading a court case where the butterfly knife was not considered a weapon, but the brass knuckles the guy had on him were considered to be the weapon. Correct me if I'm wrong.

Thats what I know, or think I know, about PA's knife laws. Feel free to give your own knowledge if there is something you think I got wrong.

[jahwarrior72]

(07-19-2010 10:10 PM)pacarry Wrote:  This is where I have to agree with some of you and disagree with some of you.

The common thought of a knife being illegal is wrong. There is no such thing as an illegal knife to carry. However, there such a thing as an illegal knife to conceal and carry.

You can open carry any type of knife, dagger, or blade as long as it is in plain view, such as a firearm.

In PA, illegal knifes to conceal without a military or police license include switchblades, which are defined by opening from a button that is located on the handle. Assisted openers 4-inches or less are completely legal to conceal. Generally any knife that you would conceal has to be 4-inches or less, however any city can put there own limit on blade length.

Now this is where I disagree with what one of you said. To my understanding butterfly knives were completely legal to conceal as long as the blade was 4 inches or less. I remember reading a court case where the butterfly knife was not considered a weapon, but the brass knuckles the guy had on him were considered to be the weapon. Correct me if I'm wrong.

Thats what I know, or think I know, about PA's knife laws. Feel free to give your own knowledge if there is something you think I got wrong.

the court case concerning balisongs/buttefly knives was Commonwealth vs. Miles, but it said nothing about method of carry, only that they weren't considered prohibited offensive items, like automatic knives, brass knuckles, and blackjacks/saps.

http://www.thefiringline.com/library/bla...1989).html

Quote:PRIOR HISTORY: [**1] Post-trial motions.

HEADNOTES: Criminal law -- Offensive weapon -- 18 Pa.C.S. § 908© -- Sufficiency of evidence -- Brass knuckles -- Knife folded into a piece of metal containing four finger holes -- Operable only when blade is open and exposed -- Brass knuckes constitute an offensive weapon

Brass knuckles consisting of a knife blade folded into a piece of metal containing four finger holes operable only when the blade is open and exposed constitute an offensive weapon under section 908© of the Crimes Code, 18 Pa.C.S. § 908©.

*abridged*

We did not find the "butterfly" knife to be a prohibited offensive weapon. The present controversy centers on the status of the brass knuckles. The brass knuckles were entered into evidence at trial, and we viewed them again after oral argument. They were somewhat unusual brass knuckles in that they consisted of a knife blade folded into a piece of metal containing four finger holes. When the knife is closed, it blocks the finger holes. In other words, the knuckles can only be used when the blade is open and exposed. Defendant testified that he had purchased the knuckles in a retail store.

Section 908© of the Crimes Code, 18 Pa.C.S. § 908©, defines the offensive weapons it prohibits as:

"Any bomb, grenade, machine gun, sawed-off shotgun, firearm specially made or specially [**3] [*69] 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."

note the emboldened sections; there is no mention made of carry method. so, again, while balisongs may not be prohibited items, there is no preemption that would protect an individual if he were to be observed carrying one in a place that had an ordinance or law forbidding it. as far as laws are concerned, a knife is a knife is a knife. balisongs are just the only ones specifically mentioned as not being considered prohibited.

also, if you read the list of prohibited items, you'll see that autos were listed, so apparent;y, there is such a thing as an illegal knife in PA.