Prohibited Offensive Weapons in Pennsylvania

Are Brass Knuckles Legal in Pennsylvania?

Can you posses brass knuckles, switchblades, and stun guns in Pennsylvania? The answer is no longer clear due to a recent Supreme Court decision. There is currently a law on the books that prohibits possessing these types of weapons. In addition to the common VUFA charges discussed above, Pennsylvania law also prohibits carrying many types of “offensive weapons” under 18 Pa.C.S § 908. The statute prohibits carrying or possessing offensive weapons, and defines offensive weapons as follows:

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, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

These offenses can also be extremely serious. However, just as with a firearm, the police and prosecution must be able to show that they found the weapon lawfully. If the police conducted an illegal stop or search, then the weapon could be excluded and the charges dismissed. Likewise, the prosecution must be able to show that it was the defendant that actually possessed the prohibited weapon.

Most importantly, a recent United States Supreme Court case casts significant doubt on the constitutionality of the Prohibited Offensive Weapons statute. In Caetano v. Massachusetts, the United States Supreme Court reversed the conviction of a Massachusetts woman who owned a taser for self-defense against an abusive boyfriend. The Supreme Court held that the Second Amendment provides the right to possess "all instruments that constitute bearable arms," even those not in existence at the time of the founding of the country. Accordingly, the Supreme Court found that the Massachusetts statute which prohibited tasers violated the Constitution and could not be enforced. The Pennsylvania statute has not yet been challenged in the appellate courts, so prosecutors continue to charge defendants with violations of the Prohibited Offensive Weapons statute. While we do not recommend that you start carrying a prohibited weapon in order to test the law, if you are charged with a violation of this statute, you need an attorney to fight for your rights under the United States Constitution.

OUR DEFENSE LAWYERS CAN HELP YOU WITH WEAPONS OFFENSES

If you are charged with the illegal possession of a gun or other weapons offense, you need an experienced criminal defense attorney to evaluate your case, investigate for potential defenses, and provide you with all of the options. There are defenses to these serious charges, and our award-winning defense attorneys have the experience necessary to properly fight for you. Call 267-225-2545 now for a complimentary 15-minute criminal defense strategy session.