Summary of OTF Knives
OTF, or Out the Front, knives belong to a specific category of folding knives. In contrast to a typical folding knife where the blade opens sideways from the handle (like in a Swiss Army Knife or Buck Knife), the OTF opens and closes by sliding a trigger on the handle of the knife. In other words, the blade comes straight out the front of the handle and in most cases, retracts back inside the handle.
The design of OTF knives allows for easier one-handed operation and permits the user to focus on whatever they’re cutting, instead of having to keep their other hand free to operate the knife. This design also reduces the risk of injury , as the blade can only be extended or retracted when properly pointing away from the hand holding the handle.
The main reason that fans and collectors of "automatic knives" are drawn to OTF knives is that the blade is moved with springs rather than by the user providing an impetus to the blade with muscular force. As such, an OTF is said to be "self-opening" and "self-closing". These mechanisms allow for faster deployment and retraction when compared to deploying a folding knife with a finger flipper or a thumb stud.
Knife laws of Pennsylvania
Outside of the standard "never take a knife to a gunfight" remark, knife laws in Pennsylvania present the most basic conundrum when evaluating the legality of a specific knife type: Are they, or are they not, a deadly weapon? The answer to this question can largely determine what kind of knife can be legally owned and how it can be carried. Knife laws in Pennsylvania are fairly common sense, with the state’s court system backed up by the smaller local courts, which further spell out and codify these knife laws.
Knife law violations in Pennsylvania are probably the most common legislated offense to violate the clear-hold definition of being a "deadly weapon." Knives of all sorts fall into this gray area, from kitchen utensils to folders and tactical knives. That isn’t to say that knife law is on shaky legal ground – as with any state in the U.S., knife definitions in Pennsylvania are both useful and restrictively limiting. It’s also worth noting Pennsylvania knife laws do have a few exceptions worth mentioning.
Location is one exception where knife laws are concerned. In general, knives do not pose a threat – and are therefore legal to own – if they are foldable or blade pens. However, all other knife types are regulated to some degree. No knife is illegal to own – but that doesn’t mean you won’t need a lawyer or face stiff fines if caught carrying certain knife types. As a rule, knives are legal to own in Pennsylvania unless you specifically live in one of the numerous cities or metropolitan areas, where local ordinances may prohibit or alter the legality of a given knife type.
A common saying that Philadelphia is not Pennsylvania is doubly true when knife laws are discussed. All cities in Pennsylvania – including Pittsburgh and Philadelphia – have their own restrictions. Whether it’s what type of knife to carry, or the amount that can be concealed, few states have such sweeping variations on knife laws as Pennsylvania. While not every leatherman presents the potential for deadly weaponry, in the eyes of the law, there is no gray area in determining which knives can be regulated and which cannot.
OTF Knives Legal in Pennsylvania
The language of the Pennsylvania statute that deals with knives and daggers is limited to "a long bladed double edged knife commonly known as a ‘dagger,’ commonly known as a dirk, razor or trench knife. See, Title 18 Pa.C.S.A., Section 908. OTF are not listed so they are not banned…in terms of the weapon itself. However, if the weapon is intended for use as an offensive or defensive "tool" or "weapon" the prosecutor may be able to rely on the statute as it is written.
Here is a cite of a PA Superior Court Case that I was able to locate that specifically dealt with OTF’s. The issue was whether the weapon was a prohibited weapon under the law at the time. The court said that in order to be prohibited it had to be "a long bladed double edged knife commonly known as a ‘dagger,’ commonly known as a dirk, razor or trench knife." The court said that a dirk knife is any "long-bladed knife or weapon designed primarily for stabbing, thrusting, or other penetrating movements already mentioned as attributes of a dagger. It can also be defined as a relatively short bladed knife which is designed for stabbing." The court concluded that a dirk knife has to be able to stab and/or thrust…it cannot be a knife that is only designed for cutting. This decision and definition is still valid and that is what Pennsylvania Courts say will be required to prove that a Dirka Knife is a prohibited weapon under state law.
The main issue is not how we may define or view an OTF. It would appear that an OTF is nothing more than a dirk knife! The issue is whether a jury can be convinced that it is a weapon and/or tool.
Penalties for Unlawful Possession
While there are absolutely knives that are legal to own in Pennsylvania, it is against state laws to carry a knife with an automatic blade. Carrying or possessing this kind of knife is what the law would consider illegal possession, and this, in turn, becomes a serious criminal matter.
It may seem trivial to some to be accused of possessing a knife that is technically classified as an OTF, or Out-the-Front. Perhaps they think that the weapon in possession isn’t really a knife at all. However, in the eyes of the law, this type of knife is no different than the penknife in your back pocket. If you have it, and it is a knife, you can be penalized for carrying it illegally.
In Pennsylvania, the potential crime you might have committed if found to be in possession of an OTF knife is classified as a third-degree misdemeanor. In terms of punishment, this means you could be facing a fine of $2,500 or serve up to one year in jail. Additionally, if this was not your first offense, those fines will go up. A second offense would mean you could face a fine of up to $5,000. On top of that, a second or third offense means that you will face jail time of up to two years.
The bottom line is this: whether you are facing the charges because of a direct sting operation on one of these kinds of knives, or simply because you had one in your car when pulled over for a minor traffic violation, you have faced down a serious charge and may be facing an equally serious penalty. If you know that you are in possession of an automatic knife, it is best to seek counsel of an experienced criminal defense lawyer before it is too late.
Approved Exceptions & Exemptions
Exceptions and exemptions to this OTF knife ban exist in Pennsylvania. Exceptions to the ban of OTF knives, dagger, and dirk exist under Pennsylvania State gun laws 18 Pa. Cons. Stat. ยง 908. Some exceptions and exemptions are listed below (this is not a complete list): Where fleeing law enforcement officer is involved Where law enforcement officer is involved On other operational , occupational or teaching grounds In a private home or dwelling Office and workplace Where individual makes repair or services to the knife and back to the business of the owner Where individual is in the military or an organized fire department individual, member of the military, or employee of a federal or state agency.
Except as provided in paragraph (c), Subdivision a is without regard to intent and applies whether or not the person intends or expects that the object may be used unlawfully.
Comparison to Other States
When it comes to the legality of OTF knives, Pennsylvania isn’t an outlier from other states. In fact, with the exception of a very small handful of states, most states have no laws prohibiting OTF knives or designating them as switchblades. In other words, outside a few exceptionally rare states, most states allow for the legal ownership of OTF knives.
The most prevalent exception is New York, which is well-known for its recent crackdowns on weapons that fall under its broad interpretation of switchblade. While New York does not technically include switchblade definitions in its penal code, it does have an administrative guide to knife laws which it uses when determining whether a knife is illegal under its general prohibition on switchblades and blow-dart weapons. Unlike most states where OTF knives are perfectly legal, including New Jersey, the New York Department of Criminal Justice Services has classified OTF knives as a type of switchblade, and therefore prohibits the sale, purchase, or possession of OTF knives in New York.
Some states are similar to Pennsylvania, where their switchblade definitions either do not include or specifically exclude OTF knives. States in this category include North Carolina and Oklahoma. However, as noted above, these definitions are rarely independently enforced.
The remaining states fall into two categories, with the majority of states specifically exempting certain types of knives (including OTF knives) from any definition of switchblade. In these states, OTF knives are perfectly legal to own, carry openly, or conceal. These states are similar to Pennsylvania in that if the OTF knife could not be mistaken for a firearm, it would not fall under their definition of switchblade and therefore would not be illegal under their laws. These states have appropriately very limited restrictions on OTF knives and knife ownership in general.
Advice for Knife Collectors and Users in Pennsylvania
To stay legal and avoid unwanted attention as a knife enthusiast in PA, it’s important to carefully consider the knives you collect, carry or use for tactical purposes. Even if a knife meets the general definition of legality in PA, it is still wise to take the following tips into account: Use good judgment when using your knife in a showy fashion. Avoid displaying your collection in such a way that it could be construed as a public exhibition. Carry only what you need and avoid using overtly offensive or threatening knives for self-defense . Think critically and be realistic when incorporating knives into your tactical gear. The bottom line is that it’s very important to stay informed about the legality of the knives you own, especially in states like PA that have laws open to interpretation. However, knife law is just one component of knife ownership or knife carrying that warrants your attention. The best way to avoid legal issues is to understand and respect all laws and regulations governing your knives and obey them accordingly.