Boker automatic knife legality

Status
Not open for further replies.
B

BackwoodsFiero

Member
Joined
Apr 27, 2007
Messages
26
Location
Easton, PA
I stumbled across this (http://www.thebladeshop.com/index.asp?PageAction=VIEWPROD&ProdID=3827) while browsing blade shops website. Are these actually automatic knives? I really dont know anything about Boker's "auto" system and not sure about the legality here in PA. Also, there is nothing stopping me from purchasing one on their website such as needing a dealer license or such. So whats everyone think? Worth the risk?
 
For Ohio

Ohio Revised Code
2923.20 Unlawful transaction in weapons. (A) No person shall[...] (3) Manufacture, possess for sale, sell, or furnish to any other person other than a law enforcement agency for authorized use in police work, any[...] switchblade knife, springblade knife, gravity knife, or similar weapon[...]
Click to expand...

Note that possession other than for sale is not prohibited. In the case of this law a seller would be in trouble but not the buyer.

So that I can give you a better idea, what state are you from?
 
Possession in PA is illegal by state law by my understanding. A CCL may exempt you from this. Contact a lawyer for clarification.

Pa. C.S.A. 18.908.
Prohibited offensive weapons.
(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.
(b) Exception.-- It is a defense under this section for the defendant to prove by a preponderance of evidence that he possessed of dealt with the weapon solely as a curio or in a dramatic performance, or that he possessed it briefly in consequence of having found it or taken it from an aggressor, or under circumstances similarly negativing any intent or likelihood that the would be used unlawfully.
(c) Definition.--As used in this section "offensive weapon" means[...] 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[...]
Click to expand...
 
Misinformation about switchblades is more widespread than misinformation on firearms.

BackwoodsFiero,

The Bokers are switchblades. Switchblades are prohibited in PA. The only exception being the "Collector's Rule" where a collector may possess, not carry, switchblades as part of a collection "b) Exception.-- It is a defense under this section for the defendant to prove by a preponderance of evidence that he possessed of dealt with the weapon solely as a curio".

glockman19,

Your information is incorrect. Possession of a switchbalde with a blade 2" or longer is a misdemeanor in CA and not a felony (in most states it is not a felony). There are tons of companies producing "California Legal" switchblades and selling them in California. Individual minicipalities may have more restrictive laws banning posession of the smaller switchblades so anyone interested should check local and state law.

653k: Every person who possesses in the passenger's or driver's area of any motor vehicle in any public place or place open to the public, carries upon his or her person, and every person who sells, offers for sale, exposes for sale, loans, transfers, or gives to any other person a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor.
For the purposes of this section, "switchblade knife" means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever. "Switchblade knife" does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position.

For purposes of this section, "passenger's or driver's area" means that part of a motor vehicle which is designed to carry the driver and passengers, including any interior compartment or space therein.
Click to expand...
 
It's very easy to order. It's just not permitted for you to carry it. Being a new knife that wasn't brought back from Iraq or Afganistan you'd have a devil of a time explaining how it classified as a "curio" unless you had a range of others in a case at home.
 
It would be a misdemeanor of the first degree in PA to possess an automatic knife.
 
Wanna buy a switchblade? How about one with a 17 or even a 37 inch blade? Switchsword?

http://www.skm.to/

Check your local and state laws first. We can have then on our person here, any length, as long as it is not concealed or with a concealed weapon permit.
I have one with a 4 or 5 inch blade I bought in Tijuana as a teenager in the 60's. Funny how some things have stuck around that never get used. Good, or maybe I otta say "fun" memories every time I see it though.
 
Florida being the Gunshine State wouldn't even consider outlawing an automatic knife. You can buy them everywhere here.
 
I may be wrong but I was thinking they are all illegal by federal law and also in the same area as packing a ice pick with a carry permit.
 
I own a Benchmade 5000 auto---bought right here in town and even carried it a few times----problem is that its not nearly as easy to use as a standard manual Griptilian.

Auto's are kinda cool---but not nearly as usefull or functional as a manual knife----I would also venture to say that I can have that Griptilian out and open before you find the button on an auto---and then closed just as quick.

Get something with an AXIS lock and forget about the spring loaded toys.
 
buttrap,

You are incorrect, but don't feel bad about it because most people don't know anything about switchblade laws and those that think they do often are incorrect.

Federal law restricts interstate commerce in switchblades (the use of the mail to deliver and the sale across state lines), but does not have an impact on whether it is legal to sell, own or carry within an individual state. State laws vary and you must check those to determine if carry, possession or sale of a switchblade is "legal" in your state. You can live in FL where there are no restrictions on switchblades (they're just another common pocketknife), but just across the state line in AL there are restrictions.
 
I've got an 'Uzi' automatic that stays in a drawer. It was a gift and won't be leaving the house (TX).

The pocket clip that's attached makes it uncomfortable to open anyway, no good place to get a grip.
 
tx you can have sb's in the home or on boat
in az no restrictions, last time i was there
i thought those mini sb's were legal in California
 
Legal in Kentucky, with permit. One of the reasons it's labeled CCDW, I suppose. It covers a lot of weapons.
 
Just HOW illegal is just owning one?
Click to expand...

It is interesting that the PA law says possession of a
knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise
Click to expand...
is prohibited.

This would seem to include "assisted openers" that use a "spring mechanism" yet these are sold just about everywhere in PA including wal-marts and many gun stores.

If you keep reading the statute you come to this part
This section shall not apply to any person who makes, repairs, sells or otherwise deals in, uses or possesses any firearm for purposes not prohibited by the laws of this Commonwealth.
Click to expand...

Which seems to say if you are legal to have a gun a switchblade is ok??? Not to mention the part about
or under circumstances similarly negativing any intent or likelihood that the weapon would be used unlawfully.
Click to expand...

One other tidbit. I know LEOs who think they are allowed to carry switchblades. The federal law makes their purchasing & possession legal, however the PA state law has no exception for LEOs. The only exception it makes is for them is
This section does not apply to police forensic firearms experts or police forensic firearms laboratories. Also exempt from this section are forensic firearms experts or forensic firearms laboratories operating in the ordinary course of business and engaged in lawful operation who notify in writing, on an annual basis, the chief or head of any police force or police department of a city, and, elsewhere, the sheriff of a county in which they are located, of the possession, type and use of offensive weapons.
Click to expand...
No where does this apply to a regular cop.

It does allow them to have blackjacks, but no where does it explicitly allow them to have switchblades.
(d) Exemptions.--The use and possession of blackjacks by the following persons in the course of their duties are exempt from this section:

Police officers, as defined by and who meet the requirements of the act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training Law.
Police officers of first class cities who have successfully completed training which is substantially equivalent to the program under the Municipal Police Education and Training Law.
Pennsylvania State Police officers.
Sheriffs and deputy sheriffs of the various counties who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
Police officers employed by the Commonwealth who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
Deputy sheriffs with adequate training as determined by the Pennsylvania Commission on Crime and Delinquency.
Liquor Control Board agents who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
Click to expand...

Finally it is my understanding that if you are walking down the street with a board with a nail in it you can be charged with this crime as this little part of it bans everything from a brick to a baseball bat.
or other implement for the infliction of serious bodily injury which serves no common lawful purpose
Click to expand...

Although there is no law in PA that says you can't carry a knife I won't carry anything but a swiss army knife in my car b/c if for some reason you are stopped and searched and have a knife you could be charged under this law if the circumstances are right. That is why I only carry a gun b/c my LTCF explicitly allows me to do so.

I do have some cool knives though that maybe aren't as cool as switchblades but open fast and are pretty nice. Check out an M16 knife from CRKT or the Spyderco Endura 4 Wave.
 
Status
Not open for further replies.

Similar threads

Snowdog
  • Locked
Legalities of carrying folders in NYC
Replies
4
Views
574
Sharpdogs
S
M
  • Locked
Good Blade And Where To Have It Sharpened
Replies
17
Views
995
Monkeybear
M
E
  • Locked
New Orleans, LA Knife Law
Replies
2
Views
2K
Nio
N
O
  • Locked
My Favorite Knife EVER: Gerber 06 Automatic S30V
Replies
22
Views
11K
Dirty Dawg
D
ugaarguy
  • Locked
A Safer Knife
Replies
22
Views
2K
hso
hso
Back
Top