As the saying goes, even a broken clock is right twice a day. Last week Governor Wolf signed HB 1929 amending 18 Pa.C.S. § 908, concerning Prohibited Offensive Weapons, to remove “dagger knife, razor, or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise” from the definition of “offensive weapons.”
As a result, those types of daggers, knives, razors, and cutting instruments will be lawful to purchase, sell, repair, possess, and use in the Commonwealth once the bill becomes effective on January 2, 2023, however, it will still generally be a criminal offense to possess or employ these items in the commission of a crime. Additionally, knives lack the statewide preemption protection that firearms enjoy and local municipalities may implement their own restrictions on knives (like Philadelphia). It seems to me this type of restriction likely violates the U.S. and Pennsylvania Constitutions, but that’s never stopped Philadelphia before.
The possibility of local restrictions aside, this is a long overdue breath of fresh air for one of the few states where automatic knives are still unlawful to possess.
Like this:
Like Loading...
Related
Published by Dillon Harris, Esq.
Dillon grew up in Kingman, Arizona. During high school he got his first exposure to the legal system, spending a summer working in the Mohave County Attorney’s Office working with attorneys and office staff in various practice areas.
Dillon attended Northern Arizona University in Flagstaff, Arizona and received a Bachelor of Science degree in Criminology and Criminal Justice with specializations in Legal and Criminal Investigation, Legal and Court Justice, and Justice in Politics, Media, and Popular Culture. Throughout and immediately after college he held positions in both the Court Administration and Clerk of Superior Court departments of the Superior Court of Arizona in Coconino County where he was part of a team that was awarded the 2016 Strategic Agenda Award by the Arizona State Judiciary and the 2016 Merit Award by the Arizona Association of Counties.
Dillon graduated cum laude from Vermont Law School and passed the Uniform Bar Exam in 2020. He is licensed to practice law in Pennsylvania and Maryland and handles cases in both states dealing with firearms or general estate practice. He is also admitted to the Third Circuit Court of Appeals and U.S. District Courts for the District of Maryland, the Middle District of Pennsylvania, the Eastern District of Pennsylvania.
View all posts by Dillon Harris, Esq.
Prince Law Offices Blog 
Philadelphia has violated the Commonwealth Constitution repeatedly as has its uninformed and uneducated police department.
LikeLiked by 1 person
It’s questionable on whether you can carry daggers. Some linoleum knives have two sided blades but you might have to be in the flooring business to keep the police from arresting you.
LikeLiked by 1 person
Until a actual case is adjudicated, who ever wrote this legislation should also write legislation making specific carrying of daggers legal; such as the Arkansas “tooth pick” and the Randall #1 fighting knife.
LikeLiked by 1 person
I have a possession charge of a switch blade from California and moved to PA and can’t own a firearm now because of it. With switch blade becoming legal will this ban on my 2nd amendment go away?
LikeLike
This does not impact any prior offenses from any states
LikeLike
Thanks to the Prince Law Offices for posting this. I’d heard that Wolf signed it into law but didn’t know about the preemption caveats. Also, thanks for the humor of a broken clock being right twice a day. Earlier in the year Wolf refused to sign the Constitutional Carry bill that was put in front of him, perpetuating the harassment of having to ask and pay the State for permission to exercise a Constitutional right. “Dear Overlords, will you please allow me to protect myself in public?”
LikeLike
You can always carry a tactical pen. I personally carry the Zebra F107 stainless steel pen. You can get them in any office supply store.
LikeLike