Posted on 03/15/2017 5:19:11 AM PDT by marktwain
A Pennsylvania Court has found that automatic knives are not protected arms under the Second Amendment. The case is not precedential, and is unlikely to be appealed. The finding was made on 9 March, 2017.
On July 29th, 2014, William Battle entered the Pike County Administrative Building for an appointment with a probation officer. Battle had plead guilty to aggravated assault involving a firearm in 2009, when he was 18, for a crime committed eight months earlier, when he was 17. He was convicted as an adult. Aggravated assault is a felony in Pennsylvania. Under Pennsylvania law Battle may not legally possess firearms.
Battle emptied his pockets as preparation to passing through a metal detector. An automatic knife with a four inch blade was part of the contents. A deputy saw the knife and examined it. Battle was arrested for illegal possession of an offensive weapon. The jury trial took place in 2016, and Battle was found guilty of possession of a prohibited offensive weapon. Battle was 25 years old.
An appeal was filed shortly after the conviction, based solely on the Second Amendment to the Constitution of the United States. The appeal did not reference Pennsylvania's state Constitution. Pennsylvania has a strong right to bear arms provision in the State's Constitution. From ucla.edu:
Pennsylvania: The right of the citizens to bear arms in defence of themselves and the State shall not be questioned. Art. 1, § 21 (enacted 1790, art. IX, § 21).
The superior court that heard William Battle's appeal found that switchblade knives are not protected by the Second Amendment, because they “serve no common lawful purpose”. Judge Lillian Harris Ransom wrote the memorandum. From the memorandum:
(Excerpt) Read more at ammoland.com ...
“Judges”, liberal “democrats” and fascist snowflakes “serve no common lawful purpose” so does that make them “unconstitutional” also?
The ban in 46.01(C) was voted to be repealed by unanimous votes in both houses in 2015. It was sent to the committee in charge of such things to be added to the list to be approved at the end of the session. The Democrat committee chair told members he would add it to the list.
He lied. He did not add it to the list, and so it remains on the books.
Another bill has been filed this year to repeal 46.01(C).
http://www.kniferights.org/index.php?option=com_content&task=view&id=406&Itemid=1
Taking our rights back just like they took them from us. Bit by bit.
Until then, I will just have to follow the law and shoot you with my revolver.
The real issue is that this was a felon on probation. The ruling should have been that felons on probation have no right to carry automatic knives to court.
I’m ok with that.
Eff the State!
The ruling should have been that felons on probation have no right to carry automatic knives to court.
Pennsylvania law does not ban felons from carrying knives. He surrendered the knife at the checkpoint, as he was supposed to do.
The judge said that if it had not been an automatic knife, he would have been ok. He legally could have carried a sword or a bowie knife.
It’s probably stupid to let felons carry weapons in court.
I think it’s stupid to let convicted aggravated felons carry weapons at all.
The law as I understand it in TN is that a person cannot carry a switchblade knife “for the purpose of going armed”. I carry a gun “for the purpose of going armed”, so if I carry a switchblade at the same time, I figure I’m OK, right?
I am not sure (and very nervous about those laws), but I think that semi-automatic knives would be "flipper" knives and other assisted-opening knives. I assume manual (bolt action?) knives are the ones that cannot be converted to high-capacity and are not easy/quick to open.
I blame entertainment media (including West Side Story) for the silly bans on switchblades:
As a resident of Maryland, I am careful which knife I carry outside my home. When I check my keys on the way out the door, I also check my knife just because this state is so insane.
“My knife is full auto.”
Might try semi-auto to extend battery life.
It is PA, and they had a requirement to check it before you get to the court.
I’d also like for them to provide a definition for a Bowie knife, because certain Bowie knives are illegal.
However, a true Bowie knife is difficult to legally define and nowhere in the law is there even an attempt.
See post 38 which shows evidence that the play “West Side Story” WAS probably the main factor in getting them banned. Interesting.
Just like what sunk the nuclear energy industry in America wasn’t the incident at Three Mile Island (where the emergency shut-down procedures worked) - but the movie “The China Syndrome” which came out just a couple of weeks before the incident.
One sided Propaganda is very effective.
Bowie knives are another category that makes me squeamish. I don’t like the gun/knife laws in this state.
That’s because they were basically made up on the fly by people whose sole expertise in life is getting elected.
If I was betting I would say Caucasian, but who knows?
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