Pennsylvania knife statutes are short and lacking in clear definitions. In order to determine what the pa knife laws are, one must look at Court decisions, or case law. This article takes the statutes and the case law and puts it in a clear and organized manner that anyone can understand.
What is Legal to Own
- It is legal to own Bowie knife
- It is legal to own a Balisong, or butterfly knife
- It is legal to own a penknife
- It is legal to own a concealed knife, such as in a lipstick or belt buckle
- It is legal to own any kind of hunting knife
What is Illegal to Own
There is something called the “CURIO EXCEPTION” in Pennsylvania which refers to the concept that you can technically own any knife you want, but you have to make a good argument for your purpose in owning the knife. In other words, if you own a 25-inch sword or switchblade, you must make a compelling case that you own it for “lawful” purposes like theatrical purposes, or as a display in a showcase in your home, etc. If you cannot offer a compelling case, you may be in violation of the law. In fact, there is a case of one dude carrying a sword and when he showed up in court, he told everyone that he had just bought it and was bringing it home. The court didn’t buy it and he was officially charged. You see, if your weapon is readily available to use quickly and easily, then you can’t use the curio exception argument. If you buy a knife for “curio” reasons, it must be packaged in a way that does not allow you to use it on anyone quickly and easily. My thoughts???! Just stay the frig away from freaky things like switchblades, gravity knives and knuckle-busters. I’m into knives, but I’m not an anarchist looking to “stick it to the man”. I appreciate most cops and have a respect for the law even if I don’t always agree 100% with it.
Limits on Carry
- It is legal to open or conceal carry any hunting knife
- It is legal to open or conceal carry any knife that does not open automatically and has a lawful purpose
- It is ILLEGAL to open or conceal carry any knife fitting the definition of “Prohibited offensive weapons”
- It is ILLEGAL to carry any knife onto the grounds of any K – 12 school in PA, as well as courthouse buildings.
What is a Restricted Knife?
Any knife ‘the blade of which is exposed in an automatic way by a switch, push-button, spring mechanism, or otherwise,’ is restricted.
If you’d like to stay away from legal problems as much as possible, my opinion is that you stay away from “restricted knives”. Don’t freak on me, that’s just MY OPINION!
What the Law States
There are several statutes that pertain to knife ownership and conduct.
- Possession of weapons on school properties – 18 Pa. CSA § 912
- Possessing instruments of crime – 18 Pa. CSA § 907
- Prohibited weapons – 18 Pa. CSA § 908
- Possessing a dangerous weapon or firearm in a court building – 18 Pa. CSA § 913
§ 908.Prohibited offensive weapons.
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, . . . or other implement for the infliction of serious bodily injury which serves no common lawful purpose.
“no common lawful purpose”
This phrase basically refers to the idea that if you are carrying a knife that fits a purpose for which you could conceiveably need or use that knife realistically, and that purpose is lawful (ie. carrying a small, folding pocket knife while fishing, camping, carving wood in your back yard, etc.) then you’re good. If you are carrying 4 switchblades and a sword in a sketchy neighborhood late at night with a very purposeful, intense walk and stare, then the odds are that your purpose in carrying those knives is not “lawful”, so you’d likely be arrested.
(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….
“Offensiveweapons.”–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…..
Implements to Inflict Bodily Injury and Common Lawful Purpose Defined
In 1975, the Supreme Court of Pennsylvania, set forth a “circ*mstances-of-the-possession” test, in Commonwealth v. Gatto, in order to determine if a weapon had a common lawful purpose. Mr. Gatto was arrested for having a thirty-inch knife during the early morning hours in the downtown area of Scranton. The Court held that the knife was an implement for the infliction of bodily injury, which served no common lawful purpose. In its ruling, the Court stated: “Had appellant been on a journeythrough the tropical rain forests of South America, attempting to travel by foot from Bogota, Colombia to Caracas, Venezuela it could then be reasonably concluded that a thirty-inch knife had a common lawful purpose; but appellant was in a high crime urban area of Scranton.”
Four years later, in Commonwealth v. Ashford, the Court state that Gatto should not be construed as setting forth a circ*mstances-of-the-possession test for determining whether a weapon served a common lawful purpose, saying the test had no place in determining whether there had been a violation of weapons possession code. Shortly after Ashford, in Commonwealth v. Fisher, the Supreme Court held that on a charge possessing or carrying a prohibited offensive weapon, the circ*mstances-of-the-possession test was inappropriate in determining whether the weapon served a common lawful purpose.
In 1980, in Commonwealth v. Artis, the Pennsylvania Supreme Court reversed Mr. Artis’ conviction for possession of a prohibited weapon was reversed because the trial court improperly applied the circ*mstances of the possession test when determining whether the knife served a common lawful purpose. The knife was a folding knife, which Mr. Artis testified he purchased at a sporting goods store, to use for hunting and fishing. Therefore, it did not matter under what circ*mstances he possessed it, as it had a common lawful purpose.
More recently, in 1996, in the case of Commonwealth v. Karlson, the Court concluded that Mr. Karlson did not violatethe prohibited offensive weapon statute when he sold four “Cobra” knives to an undercover police officer. The Court held that in order to convict Mr. Karlson, the state was required to offer evidence that the knives served no common lawful purpose. It said that unless they were specifically outlawed, knives were not objects of a criminal nature that were prohibited under the prohibited weapons statute.
Conversely, in 2007, in Commonwealth v. Alvarez, Mr. Alvarez’s possession of a two and a half foot long medieval-type battle-ax with a blade that was almost 10-inches long was held to be within the definition of a weapon that did not have a common lawful purpose.
Conclusion on Pennsylvania Knife Laws
It is legal to open or conceal carry any type of knife in Pennsylvania other than those which fall into the category of “prohibited offensive weapon”. It is legal to own nearly any knife as long as you can convince either a police officer or a judge that you own it for “lawful purposes” under the “curio” exception.
Sources
- 18 P.S. § 4416 (2013)
- Commonwealth v. Gatto, 344 A.2d 566 (1975)
- Commonwealth v. Ashford,397 A.2d 420 (1979)
- Commonwealth v. Fisher, 400 A.2d 1284 (1979)
- Commonwealth v. Karlson, 674 A.2d 249 (1996)
- Commonwealth v. Artis, 418 A.2d 644, (1980)
- Commonwealth v. Alvarez, 935 A.2d 3, (2007)
*updated August 2019
FAQs
The state criminal code does not limit the size of the blade that can be carried, like many states do. Owning a butterfly knife, also known as a balisong knife, is allowed in Pennsylvania. Gravity knives, also known as paratrooper knives, are illegal under the Federal Switchblade Act.
What size knife can you carry in Pennsylvania? ›
The state criminal code does not limit the size of the blade that can be carried, like many states do. Owning a butterfly knife, also known as a balisong knife, is allowed in Pennsylvania. Gravity knives, also known as paratrooper knives, are illegal under the Federal Switchblade Act.
What knives are illegal in Pennsylvania? ›
§ 908 Prohibited Offensive Weapons
dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise.
What is the blade length limit in PA? ›
You can legally wear a blade that requires one hand to remove it from the case. Pocket knives, daggers, razors, box cutters, butterfly knives, and Bowie knives are also legal in Pennsylvania. The state does not currently limit knives to a certain blade length.
Are switchblades illegal in PA? ›
January 2, 2023 - Gilbert, Arizona: Knife Rights' Repeal of Pennsylvania's ban on possession and carry of Switchblade Knives takes effect today, January 2, 2023. Manufacture and sale of automatic knives in the state is also now legal.
What's the biggest knife you can carry in public? ›
Knife blades cannot be longer than 5.5 inches. Certain types of knives, such as switchblades, spring-loaded knives, swords, spears, and daggers are also outlawed.
What size knife can I carry on me? ›
In the State of California, there is no maximum length for knives in general. However, the maximum legal length for a switchblade knife is 2 inches. Additionally, it is illegal to carry daggers or dirks concealed, and also illegal to carry many types of knives which are designed for concealment.
What knife is legal for self-defense in Pennsylvania? ›
That includes pocket knives, machetes, hunting knives, razors, butterfly or balisong knives, daggers, and buck or bowie knives. Pennsylvania code prohibits switchblades, gravity knives, ballistic knives, and any other knife used for infliction of severe bodily injury and has no lawful purpose.
Is it legal to walk around with a knife? ›
A: In California, you can legally purchase, own, transport, and carry any knife that is not restricted under the law. California's open carry law states that the hilt or handle of a knife can't be hidden or concealed. This includes if the hilt is hidden underneath clothing or in the blade's sheath.
What state has the strictest knife laws? ›
California is known for having rather complicated weapon laws, and knives are no exception. It is completely unlawful to bring a weapon into public spaces like schools, public buildings, and any property owned by the U.S. government.
It is an offence to carry any sharp or bladed instrument in a public place, with the exception of a folding pocket knife where the cutting edge of the blade is 7.62 cm (3 inches) or less.
What weapons are illegal in PA? ›
It is illegal to own or possess a bomb, grenade, machine gun, sawed‑off shotgun with a barrel less than 18 inches long, or any firearm specially made or specially adapted for concealment or silent discharge.
Are brass knuckles illegal in PA? ›
PROHIBITED OFFENSIVE WEAPON DEFINED
A person commits this offense if he or she makes, repairs, sells, deals in, uses or possesses an offensive weapon. There are many types of offensive weapons, but the most common are brass knuckles, switchblades, blackjacks, stun guns and tasers.
Can a felon own a knife in PA? ›
Is It Legal for People With Felonies To Own a Knife? The answer to this question is “yes.” Pennsylvania makes no distinctions when it comes to people with felonies or warrants owning knives.
Can I own an OTF knife in Pennsylvania? ›
It is legal to own an automatic knife for lawful purposes.
Why are gravity knives illegal? ›
A knife is not illegal because it is designed to open by the force of gravity and lock into place; the knife is illegal when it actually does open by the force of gravity and locks into place by means of a procedure used by the District Attorney's office to identify a gravity knife, called the “wrist flick test.”
Is a knife clipped in your pocket concealed? ›
Many officers will simply ignore pocket clips, but it only takes that one for you to get arrested. Your safest bet is to always assume a knife clipped to your pocket is open carry. If your knife adheres to the law, don't worry about, but if there's any doubt, slip it in your pocket.
What is the most illegal type of knife? ›
Possession of switchblades, pilum ballistic knives, metal knuckle knives, cane swords, and “Kung Fu stars” is prohibited. Some knives are not illegal, but become illegal based upon how they are used or possessed.
What size knife is legal in all 50 states? ›
Blade Length Restrictions
California, for example, prohibits blades over 4 inches long in most public buildings, and blades over 2.5 inches long on school campuses.
What size pocket knife will TSA allow? ›
TSA in the US allows knives with blades that are 2.36 inches (6 cm) or less in length in carry-on baggage, but any knife with a fixed blade or locking mechanism is prohibited.
A dirk is classically a large, single-bladed knife with a blade anywhere from 12 inches all the way up to 20 inches. Naval dirks were commonly used for ship-to-ship fighting as they were short enough to be used in tight confines yet large enough to still be effective.
Can I carry a 4 inch pocket knife? ›
Types of Knives You Can Typically Legally Carry
Knives that are usually legal to carry almost anywhere include multi-tool devices, Swiss Army knives, and utility knives, and knives with blades that are shorter than 2.5 inches.
Can you defend yourself in Pennsylvania? ›
Like many states, Pennsylvania has a “Stand your Ground” law — also known as a “Shoot First” law — that expands the right to use lethal force in self-defense.
Can I carry around a knife to defend my self? ›
If you're considering carrying a knife for self-protection, you MUST begin by learning the applicable laws in your area. Otherwise, you could be starting off a self-defense situation by violating the law yourself. Generally, a short-bladed (2 or 3 inches) pocketknife is legal virtually everywhere.
Can I walk around with a knife in my pocket? ›
In general, it is legal to carry a knife in most states. However, there are often limits on knives or bladed weapons that may be carried.
What is considered a pocket knife? ›
A pocketknife is a knife with one or more blades that fold into the handle. They are also known as jackknives (jack-knife), folding knives, EDC knife, or may be referred to as a penknife, though a penknife may also be a specific kind of pocketknife. Blade lengths typically range from 5 to 15 centimetres (2 to 6 in).
How far away from someone with knife is safe? ›
Definition of the 21-foot rule
Tueller found that “the average healthy adult male,” running with a knife or other contact weapon in hand, can cover a distance of seven yards in about 1.5 seconds – the time it takes the “average” officer to draw a sidearm and place two hits center-mass on a man-size target 21 feet away.
What state has the least knife laws? ›
Kansas. Kansas is another one of those states that prohibits the possession of a knife by a convicted felon and in some locations like schools. Generally, no knives are forbidden by law.
Why are throwing stars illegal? ›
Throwing-stars are legal in some states across the U.S, and are used for enjoyment and business purposes, alongside axe-throwing. There remain several safety concerns over the use of throwing-stars, as the weapon is lined with blades and could be considered dangerous for public use.
Where is the best place to conceal a knife? ›
IWB. If you want to carry a smaller fixed-blade knife that is easier to conceal, inside the waistband (IWB) can be a great option. This offers the most concealability you can find when carrying a knife. Longer blades will be less comfortable to carry inside the waistband, so this is ideal for smaller knives.
You should calmly inform the officer you are carrying a weapon. You do this with both of your hands in plain view and without making any movements. You might tell him or her where it is and where your permit is (if needed in your state), but any movements you make should be at the officer's request.
Is a 5 inch blade lethal? ›
Almost certainly. Puncturing the intestines will quite rapidly result in a general infection of the lining of the abdominal cavity, the peritoneum. The condition is called peritonitis and again, untreated, it's usually fatal.
What tool has a blade with 5 to 7 inches? ›
Nakiri Knife
A nakiri knife's blade length ranges in size from 5" to 9”, with 7" being the most popular size.
Can you open carry an AR 15 in PA? ›
To summarize, open carry is legal in Pennsylvania without a License To Carry Firearms except in "cities of the first class" (Philadelphia) and vehicles where a License To Carry Firearms is required to do so.
Is Pennsylvania open carry? ›
Pennsylvania generally allows the open carrying of firearms without a license. However, in Philadelphia (the only “city of the first class”),1 a license is required to openly carry a firearm.
Are silencers illegal in PA? ›
Most items that are required to be registered under the National Firearms Act such as machine guns, suppressors, short barreled rifles and shotguns, are prohibited in Pennsylvania as “offensive weapons” unless they are registered under the NFA.
Are black jacks legal in PA? ›
It is illegal to carry blackjacks and defense batons in Philadelphia. These are weapons designed to inflict serious harm, and carrying one may be met with criminal charges.
Are nunchucks illegal in PA? ›
In these states, possession and use of nunchucks are generally legal, though restrictions may still apply in certain situations, such as carrying them on school grounds or in government buildings. States with no specific nunchuck laws include Florida, Illinois, and Pennsylvania.
Is mace illegal in PA? ›
They are often marketed as self-defense tools and are widely available in Pennsylvania. Pepper spray and mace are legal to purchase and carry, although some restrictions might apply in certain circ*mstances.
Can I own a gun in PA if my husband is a felon? ›
Individuals convicted of any felony offense in Pennsylvania are essentially barred from possessing a firearm. Under most circ*mstances, a convicted felon cannot legally buy or own a gun in Pennsylvania.
Felony Gun Possession Laws
In Pennsylvania, inclusive of Bucks County and all counties, a convicted felon cannot own, be in the same place with, or use a firearm, even if the firearm is legal or legally owned by another individual in the household. There is no exception to the rule.
Can a felon walk around with a knife? ›
Knives Are Generally Legal for Felons
However, a prohibited possessor is typically only prohibited from carrying “deadly weapons.” On the surface, this may seem like it excludes a person from carrying a knife. After all, a knife can certainly be deadly, particularly if a person uses it to stab another individual.
Can I carry a Bowie knife in PA? ›
You can legally wear a blade that requires one hand to remove it from the case. Pocket knives, daggers, razors, box cutters, butterfly knives, and Bowie knives are also legal in Pennsylvania. The state does not currently limit knives to a certain blade length.
Are cane swords legal in PA? ›
Concealed Carry of Knives
Daggers, automatic knives including switchblades and gravity knives, and sword-canes are all illegal to carry concealed. Hunting knives and other knives can be carried concealed, provided that immediate lawful purpose can be demonstrated.
Why are daggers illegal? ›
The dirk or dagger does not have to be completely concealed for it to be a crime, though. It is still a substantially concealed weapon, and therefore a crime, if the tip is protruding from your pocket 12 or if the handle is protruding from your waistband.
Why are butterfly knives banned? ›
Legal status. The balisong has been outlawed in several countries, mainly due to its easy utility in crimes and ability to be easily concealed for the same purpose. In some jurisdictions its criminal use is considered a knife crime.
How illegal is a ballistic knife? ›
Whoever possesses or uses a ballistic knife in the commission of a Federal crime of violence shall be fined as provided in title 18, or imprisoned not less than five years and not more than ten years, or both.
What is a stiletto blade? ›
A stiletto is a long, narrow blade used historically in Italy and around Europe with a needle point. It GAINED POPULARITY IN THE 15th century and was used by knights and assassins alike throughout the Middle Ages as a fixed-blade knife.
Can you use a knife for self-defense in Pennsylvania? ›
That includes pocket knives, machetes, hunting knives, razors, butterfly or balisong knives, daggers, and buck or bowie knives. Pennsylvania code prohibits switchblades, gravity knives, ballistic knives, and any other knife used for infliction of severe bodily injury and has no lawful purpose.
What self-defense weapons are legal in PA? ›
Anyone, even minors, can carry pepper spray and mace. There are no laws making possession of pepper spray or mace a criminal offense. Pepper spray and mace are common self-defense tools.
It is an offence to carry any sharp or bladed instrument in a public place, with the exception of a folding pocket knife where the cutting edge of the blade is 7.62 cm (3 inches) or less.
Does Pennsylvania have stand your ground? ›
Pennsylvania has a limited stand your ground law which removes the duty to retreat in public only when a person is defending themselves against an assailant who is armed with a deadly weapon.
Can a felon carry a knife in Pennsylvania? ›
Convicted felons may possess daggers, dirks or stillettos in his or her residence, but may not carry them in cars or in public. The other weapons cannot be owned.
Can I open carry in Pennsylvania? ›
Pennsylvania generally allows the open carrying of firearms without a license. However, in Philadelphia (the only “city of the first class”),1 a license is required to openly carry a firearm.
Can you open carry an AK 47 in PA? ›
Pennsylvania is an open carry state (except for the city of Philadelphia). This means, once you buy your gun, you can carry it openly (on your hip, or across your shoulder) without any additional license.
Can you have a gun in your car without a concealed carry in PA? ›
1.) You may open carry (meaning that the firearm (remember think handgun) is visible) without a License to Carry Firearms. 2.) You may NOT conceal carry a firearm, as defined by PA, on your person or in your car without a License to Carry Firearms.
Are knives legal in PA 2023? ›
Pennsylvania Governor Tom Wolf today signed House Bill 1929, repealing Pennsylvania's ban on automatic knives! The repeal is effective on January 2, 2023. Until then possession of automatic knives (except as a curio) remains illegal in Pennsylvania.
Can I carry my gun anywhere in PA? ›
While the carry regulations may differ slightly in different townships and cities, the law covers the whole state. So, as long as you have a legal and valid permit, you can carry anywhere in the state, unless an area is specifically restricted by a local government.
