What Is a Gravity Knife?
Many people are familiar with knives that have a blade that slides open into the handle, spring-assisted knives, or other types of knives in which the blade can be extended from the handle. But what exactly is a gravity knife? As explained in the case of Commonwealth v. Meserole, a gravity knife is a knife that has the following characteristics:
(a) it has a blade that can be released from the handle and controlled by the force of gravity or the application of centrifugal force;
(b) the length of the blade is fixed and does not exceed 3 inches; and
(c) at full extension , the blade locks into place and requires some pressure to unlock or release it from the handle.
What sets the gravity knife apart from the more common types of knives noted above is the way in which the blade is released from the handle and locked into the open position. Some knives may use springs, but gravity knives use the weight of the blade itself to slide open.
The Essentials of Pennsylvania Knife Laws
Pennsylvania knife laws are primarily set forth and codified at 18 Pa. Cons. Stat. § 908, which reads, in part: § 908. Prohibited offensive weapons (a) Offense defined.—A person commits a misdemeanor of the first degree if he possesses a firearm or other weapon, not carried in a manner suitable for transportation in a motor vehicle or is not a firearm as defined in section 6102 (relating to definitions), with intent to employ it offensively against persons or property. The following are prohibited weapons under this section: (4) Switchblade knife, which is a knife, with a blade that opens automatically by gravity, by a centrifugal force or by an outward motion of the thumb or by any other mechanical device. Note that the law above specifies a "knife" with a blade that opens automatically by "any other mechanical device," meaning that a gravity knife, which opens when the user flicks his or her wrist and the blade drops under its own weight, is a switchblade knife (and therefore illegal to possess in PA). Piercing weapons, such as nunchaku and shuriken (throwing stars) are also expressly prohibited in PA set forth at 18 Pa. Cons. Stat. § 908(b) (2) ("Shuriken or other "throwing stars" my be construed as knives if they are sharpened."). Also of interest is the prohibition on "daggers, dirks, or other dangerous cutting instruments" under the Pennsylvania definition of "bludgeon," which reads, in part, as follows: § 907. Possession of offensive weapons. A person commits a misdemeanor of the first degree if he possesses a bludgeon with intent to use it against another, or possesses with intent to use offensively a dagger, dirk or other dangerous cutting instrument. The law is unclear on whether a knife (other than a straight razor, malice aforethought, or any other specific knife expressly mentioned in the statute above) is considered a "dangerous cutting instrument." On one hand, a straight-edge folding knife which cannot be opened without pushing a lever/trigger/button in a deliberate action should arguably not be illegal, because it is not a "dagger, dirk or other dangerous cutting instrument." On the other hand, a knife with a 4 inch straight edge blade is certainly more intimidating than, say, a steak knife or broken bottle, and could possibly be considered a "dagger, dirk or other dangerous cutting instrument" depending upon the context. In general, you don’t want to get arrested on weapons charges in PA state court, because they are considered felonies of the third degree, and could result in 7 years of incarceration and a $15,000 fine. In Philadelphia, the penalties upon conviction are typically enhanced, and a weapons offense can be sentenced as a felony of the second degree. More severe sentences are reserved for aggravated circumstances, such as possession or use of a knife during commission of an aggravated assault, carjacking, robbery, or homicide, possession of a knife by a convicted felon, or unemployment.
Is it Legal to Own a Gravity Knife in Pennsylvania?
Over the years, like many "illegal" weapons, the status of the Pennsylvania Gravity Knife has changed. Although many people assume that gravity knives are illegal in Pennsylvania, this is not the case. The recent trend for knife owners is to open carry (or only conceal carry) knives other than butterfly style knives. On September 28, 2017, the Pennsylvania Superior Court handed down its decision in Commonwealth v. Hudson, 2018 Pa. Super. 165. The Court held that " Section 908 of the Crimes Code must be interpreted in light of Section 907(c) … [so that] a knife which opens automatically by the force of gravity or by outward motion is not a gravity knife prohibited under Section 908." After the Hudson decision, it appears that the status of the "gravity" elements of the unlawful weapons list were repealed by the legislature and can no longer be used as a charge in Pennsylvania.
Penalties for Possessing a Forbidden Knife
The statutes set out the penalties for the possession of certain weapons and instruments. Possessing an otherwise legal knife (such as a butterfly or dirk knife) or sword cane for an unlawful purpose is a first-degree misdemeanor. Unlawful purposes would include using the knife to commit an unlawful act like robbery. Possessing an illegal gravity knife, switchblade knife, or ballistic knife is a first-degree misdemeanor. Possessing an illegal, nonlethal type of spiked stick is a summary offense. All other weapons are classified as a third-degree misdemeanor if carried openly, a second-degree misdemeanor if carried concealed, or a third-degree felony if in a vehicle.
Exceptions and Special Circumstances
Even if a gravity knife doesn’t fit the definition of a deadly weapon in Pennsylvania, that does not mean there are no exceptions or special considerations related to its possession. Some of the key elements of the law are: As mentioned earlier, what constitutes a deadly weapon under this law is an important consideration. A gravity knife would not be considered a deadly weapon if it was not designed to be used in that manner. For example, something similar to a butterfly knife manufactured as a key chain is not likely to be considered a deadly weapon. However, if the product was designed and marketed as a way to conceal a blade on your person, it would probably be considered a deadly weapon. There are also exceptions in the law for some occupations . One major exception involves law enforcement officers who may be required to "carry, possess and use firearms and deadly weapons in the performance of their duties." Other exceptions include possession or transfer of a gravity knife "in accordance with federal, Pennsylvania or municipal law." Consideration also is afforded to those who have the "demonstrated necessity" for a gravity knife as part of their employment. A business with a clear and demonstrated need for gravity knives – such as a knife manufacturer or a museum which uses knives as part of its displays – would likely be given consideration because of its employment-related need. In such cases, the business and its circumstances as to what would be considered an otherwise illegal possession would be thoroughly examined.
Variances in Knife Laws from State to State
As with many knife-related issues, the law around gravity knives is not uniform across the entire nation. For example, in New York, it’s perfectly legal to carry an automatic or switchblade knife, but a gravity knife is illegal. Meanwhile, in Washington D.C., self-opening knives of any type are legal. Pennsylvania falls somewhere in between these two extremes.
As outlined in 18 Pa. C.S. § 908(e), a "gravity knife" is defined as:
…the term shall not include a knife which requires rotational or centrifugal force to release the blade from the handle and has some other means of biasing the blade into its handle or a double edged knife.
So, in every sense of the law, a butterfly knife is considered a legal gravity knife.
While the law in Pennsylvania is fairly straightforward on the matter of knives, it should be noted that there are some significant differences in states that immediately border Pennsylvania. As such, knife enthusiasts should be cautious about carrying any type of blade over the state line.
In West Virginia, all knives are legal, with some minor exceptions. In Ohio, the law is fairly clear that automatic knives are allowed provided that they do not open automatically with the press of a button or switch. In New Jersey, the law is more complicated. While automatic knives are allowed, folding knives must not have a blade length over 5 inches.
Keep Yourself Updated and Seek Legal Counsel
Staying aware of the legalities concerning gravity knives is essential for those who use them or keep them. This is particularly true in Pennsylvania, where the law may differ from other states or with federal regulations. Additionally, previous convictions for offenses involving gravity knives may be used as an enhancing factor at sentencing for a subsequent conviction, so it’s important to know how previous offenses are handled.
It is advised to stay up to date on current legislation that might affect your knife collection or use. Changes in the law happen all the time, and while there may be some restrictions that are reasonable, the state legislature, law enforcement and prosecutors need to be mindful of when drafting laws and enforcing them .
It is also advised that individuals who have been arrested, charged with an offense or convicted of an offense involving a gravity knife seek the advice of a qualified and experienced defense attorney. A qualified attorney can assist with future offenses, disqualifying prior convictions as enhancements and getting them off your record as a part of your legal strategy. An offenses related to gravity knives can be enhanced as prior offenses and can lead to increased fines, time spent in jail or prison and a permanent criminal record.
Since knife law varies so much from state-to-state, it is important to seek the advice of an experienced attorney in your area if you feel that you are the victim of an unjust law.