Current Status of Switchblades in Pennsylvania
The current legal status of switchblades in Pennsylvania is relatively straightforward. Under the law, owning a switchblade is legal. Carrying a switchblade for self-defense purposes is, under some circumstances, legal. Selling a switchblade may be legal or illegal, depending on the nature of the selling and the person selling it. Recent legislation has changed the status of certain types of knives from "illegal" to "legal," and old legislation has grown obsolete so it is important to make sure you are up to date with current Pennsylvania law regarding switchblades.
According to 18 Pa. Stat. Ann. § 908 (2017), Pennsylvania prohibits the possession of any knife, "with a blade which opens automatically by hand pressure applied to a button, spring or other device," unless the knife is being possessed "at his home or office or at his place of business for general sale." This basically prohibits switchblades or automatic knives, but for the exception.
There has been some confusion in interpreting 18 Pa. Stat. Ann. § 908, when applied to the possession of switchblades, particularly after Snyder v. Mannella, 2011 Phila. Ct. Com. Pl. LEXIS 474 (2011). The rule enunciated by Snyder v . Mannella in 2011 stating that there is no statute in Pennsylvania prohibiting the possession of an automatic knife, only applies now to the specific circumstances of that case.
On January 1, 2014, as part of a broader revision of Pennsylvania’s Knife Laws, new legislation, Act 83, was given full effect (see 18 Pa. Stat. Ann. § 908 (2017)). As amended by Act 83, the statute allows for the ownership of switchblades under certain circumstances. That is to say, if you are transacting the sale "in the regular course of business," as defined in 18 Pa. Stat. Ann. § 908 (2017), then, assuming your business name is not one of those listed in 18 Pa. Stat. Ann. § 908(l), you may be permitted to sell or offer for sale these types of knives.
Now, on January 1, 2018, Pennsylvania’s Knife Law has undergone a broader revision with the introduction of the new Act 149. This new law includes an amendment to 18 Pa. Stat. Ann. § 908 (2017). With the amendment, possession, sale, transfer, and use of knives including, but not limited to switchblades, are no longer prohibited. However, individuals cannot carry these types of knives in public places for unlawful purposes. In other words, if an individual has a genuine self-defense purpose for the possession and carrying of a switchblade and it is not done in an unlawful respond then the law is not implicated.
Knife Laws in the State of Pennsylvania
The Commonwealth of Pennsylvania has one of the more general knife laws in the country. The law prohibits the concealed carry of "any knife, knife-like cutting instrument, razor, or razor blade." 18 Pa.C.S.A. § 907(a). If you read into the statute, as the courts and law enforcement officials do, then this law is very similar to the general firearms laws in Pennsylvania where someone cannot conceal carry a weapon or firearm but can open carry these objects.
Pennsylvania does not have a definition of switchblade defined in the law. However, the District Courts covering Philadelphia, Pennsylvania have all adopted the federal definition of switchblade for purposes of Pennsylvania’s law. 83 Op. Att’y Gen. 119 (1979); Commonwealth v. Davis, 318 Pa. Super. 436, 465 A.2d 657 (1983) (citation omitted). Therefore, under 15 Pa.C.S.A. § 2502, a switchblade is defined as a knife having a blade which opens automatically by hand pressure applied to a button or other device located on the handle. There are some rarer classifications of knives which are prohibited in Pennsylvania. 18 Pa.C.S.A. § 908.
For example, a "swift opening knife" is against the law in Pennsylvania and is defined as a knife with a blade which opens automatically by the force of gravity, by hand pressure applied to the blade, or by any other mechanical device (with the exception of a spring). 18 Pa.C.S.A. § 908(c)(2). It is illegal to carry these knives concealed but you can legally own them. However, keep in mind that there are some places where you cannot carry a knife, concealed or not. In addition, due to how vague the law is, you may want to think about whether you need to conceal a knife, dagger or other object with a blade that is longer than three inches.
Exceptions or Special Circumstances
There may be exceptions to the switchblade law in Pennsylvania. One exception may be that law enforcement officers may carry switchblades. Other exceptions may include antique collectors or individuals who can prove their knives are used only for display purposes. In some cases, permits or licenses may be required. Hunters, fishermen, and sportsmen may also fall into a category exception. Certain types of knives like pocket knives and folding knives may be legal but be careful, if the knife you intend to carry is spring-loaded and automatically opens using more than one method and is also used for stabbing or thrusting, this may be a switchblade. Be careful also when carrying knives that may be found on adventure like bowie knives and brass knuckles. Knives may even be illegal or heavily restricted at schools or federally owned or governed property in Pennsylvania. Local laws outside of the switchblade law of Pennsylvania may also limit the types of knives you can legally carry.
Penalties for the Illegal Possession of a Switchblade
Individuals will be charged with criminal violations if they possess switchblades in violation of the law. The severity of the penalties will depend on the circumstances of the individual’s case, as well as the category of the individual offense. For example, individuals who violate Pennsylvania’s illegal possession of a switchblade statute may be charged with a summary offense or a first-degree felony, depending on whether they are charged under 18 Pa.C.S. § 908(b)(1) or § 908(b)(2).
If the Commonwealth charges an individual with a first-degree felony, that individual may be sentenced to up to 20 years in prison, and a fine of up to $25,000. If the alleged violation falls under subsection (b)(1), however, the Commonwealth would only be able to charge the individual with a misdemeanor, which carries with it a maximum penalty of one year incarceration, and a $2,500 fine.
There are many cases that have interpreted, and applied -sometimes inconsistently- statutes within Article V. "Weapons Offenses" of the Crimes Code that regulate the possession, transfer, giving, selling, lending or "the carrying of a concealed weapon." While the "switchblade" prohibition in § 908 is relatively straightforward in its language and has been interpreted in well-reasoned court opinions, on the whole, Article V. weapons offenses is riddled with uncertainty, thus diminishing effective enforcement.
The website for the Pennsylvania General Assembly summarizes well the relevant provisions governing the law of switchblade possession. Under those summaries, "a person commits a misdemeanor of the first degree if he knowingly or intentionally possesses a knife … of the type commonly known as a ‘switchblade,’ … in the manner prohibited by this chapter." A license is required for this type of switchblade.
For purposes of this summary, we can set aside the various exceptions to the prohibitions, also as summarized on the website. Among those exceptions is the ability to "carry[] an ordinary pocket knife, pen knife or personal grooming equipment."
The law has been interpreted as follows for the purposes of switchblades: Any knife that has a blade that opens automatically, or by hand pressure applied to, or via, a button or other spring loading mechanism.
Comparing Knife Laws in Pennsylvania to Those in Other States
Over the years, some states have chosen to update or repeal their previously enacted switchblade laws to reflect the times, while others remain mired in anachronistic statutes that criminals and the public alike have rendered irrelevant. In addition to Pennsylvania’s current approach, the switchblade laws of New York, New Jersey, Ohio, Massachusetts, North Carolina and Virginia will be discussed in terms of whether they have stricter or more lenient rules for their residents than does Pennsylvania.
In New York, possession, manufacture, or transfer in public of a switchblade knife is considered a class A misdemeanor, except that it is a class D felony if the knife is carried by a convicted felon. The state’s law against switchblades is considerably stricter than Pennsylvania’s, where these knives are legal to carry and use for most purposes.
Apparently learning from the lessons of its neighbor to the north, New Jersey’s law on switchblades is unbelievably strict. It prohibits possession, manufacture, transportation, and transfer of switchblades in practically any location, for any reason, and in any quantity. Violation of the state’s laws regarding knives may range from a disorderly person to a third degree felony, and may also carry a fine of up to $15,000. Only if an individual falls under one of the few exemptions to the law, such as being a law enforcement officer or a member of a US Armed Forces branch engaged in regular duty, can he or she own a switchblade without violation of the law—and even then only when carrying a switchblade knife on duty. Clearly, New Jersey has placed itself on the opposite end of the scale from Pennsylvania when it comes to switchblades.
Switchblades fall under Ohio’s larger category of "spring blade" knives. Carrying any type of spring blade knife in a vehicle, concealed on one’s person, or on one’s own property is a minor misdemeanor. If you have five or more other prohibited knives hidden on your person or in your vehicle, the offense becomes a major misdemeanor. While an offender could face a fine of up to $500 and six months in jail for possession, unlike switchblades laws in most other states, Ohio’s statute does not specify a minimum length for the knife . In this way, the penalty for "violating" the law by carrying a longer—and thus presumably more dangerous—object is unclear and potentially much less serious than if it were carrying a defined "illegal" length dagger. Therefore, it is left to the relevant authorities to decide just how egregious a violation has been and how to sentence accordingly.
Massachusetts, like most other states, prohibits the possession, manufacture, or transfer of switchblades, although unless positive proof is provided to the contrary, possession of a switchblade in Massachusetts is not prima facie evidence that a switchblade is possessed for an unlawful purpose. The only possible exception to this rule allows the sale of kitchen knives to be made via vending machines. The state’s law on knives is similar to Pennsylvania’s, though the conditions for carrying a switchblade at work for employment or trade purposes are stricter, requiring employer approval. However, once the knives are in the hands of the employee for day-to-day work purposes, the rules are the same.
While the state law governing knives in North Carolina specifies that any folding knife having a blade exceeding four inches is a "weapon of mass death and destruction," the law is silent on the subject of switchblades. However, one county’s ordinances specifically ban any knife with a blade longer than three inches, and possession of the knife is considered a misdemeanor. So in North Carolina, it is not illegal to possess a switchblade per se, but it is illegal to possess some other types of knives, including switchblades; further, possession of a switchblade that exceeds three inches carries a misdemeanor offense if any relevant local ordinances attach. As discussed above, possession of any knife that exceeds three inches may be considered a class A misdemeanor in New York.
Virginia’s "law against switchblades" is undoubtedly the most efficient and least prohibitive in the country. Its law very simply states that certain knives with spring-loaded mechanisms, or otherwise deemed switchblades, may not be sold in the state. Neither possession of a switchblade nor manufacture or transportation of a switchblade knife, is a crime in Virginia. Again, carrying a switchblade in Virginia may be a crime of sorts, though without penalties attached to the law itself, it is really left to the relevant authorities to determine just how serious a crime it really is.
Helpful Tips for Knife Collectors
As a Pennsylvania knife enthusiast or collector, it is essential to stay informed about current and potential future legislation regarding switchblades. Here are some tips to keep yourself informed:
Keep an Eye on Legislative Updates: Subscribe to feeds or newsletters of organizations that monitor gun and knife legislation, such as the National Rifle Association (NRA) or Knife Rights. They often provide timely updates on legislative changes at both state and federal levels.
Follow Local Gun and Knife Shops and Organizations: Gun shops, knife retailers, and local clubs often stay up to date on new and revised laws. Consider forming relationships with these businesses or joining local clubs to keep informed with regard to Pennsylvania’s current status on the legality of switchblades.
Engage with Online Forums and Social Media: Online communities focused on knife collecting, law, or both can be valuable sources of information. Forums may also provide a platform for discussions on both local and national law developments while serving as great tools to meet with like-minded enthusiasts.
Attend Outdoor and Sports Expos: Outdoor expos, including sport and gun shows, often have displays and informational booths from retailers, clubs, and law enforcement. Attending these events may help you increase your knowledge of topics such as concealed carry permits, self-defense, and switchblade collecting.
Consider Contacting a Lawyer: If you really wish to be certain with regard to the legality of your switchblade collection, consider contacting a Pennsylvania criminal defense attorney. They can provide updated information specific to Pennsylvania law and issues that may arise in the future.
Give Yourself Guidance: When engaging in activities that could make you the target of attention for law enforcement, it is always a good idea to try and fit the profile of a law-abiding citizen. Even switchblade collectors – when out in public or otherwise – should use prudence regarding their costume and demeanor.
Resources and Information
If you would like to learn more about knife laws or seek legal advice, here are some resources.
Knife Laws in Pennsylvania
These are just some of the many sites with legal information on knife laws. In addition, there are two groups that provide community support for lawyers who wish to get involved and stay up-to-date on developments in knife laws:
Knife Rights , an advocacy group for knife rights, provides a lot of useful tool in their Legal Section as well as their Advocacy Groups page. They also have some good examples of case law and the Knife Law Index is a good one to visit for a few differing opinions.
The American Knife & Tool Institute is another great online group that can keep you up-to-date on Pennsylvania knife laws.