Legal Question in Criminal Law in Pennsylvania

Concealed Weapon

I have a friend who is disabled and walks with the aid of a cane. The cane she was using has a head which is removable and has a dagger like knife under the head. She was stopped for not having her license plate lit up. They asked her to step out of the car, then searched her car, and found the cane. Is she in big trouble? This happened in PA.


Asked on 7/06/07, 8:27 pm

2 Answers from Attorneys
John Gibson John W. Gibson, Esquire

Re: Concealed Weapon

I don't think she's in any trouble at all.

The definition of a prohibited offensive weapon is:

" "Offensive weapons." 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.'

The two defenses that I see are first that the blade is not exposed in an automatic way and second that a common lawful purpose is self-defense.

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Answered on 7/07/07, 3:59 pm
Brian Zeiger Levin & Zeiger LLP

Re: Concealed Weapon

the answer depends on the person's prior contacts with the criminal system. if they have none, your friend probably is not in big trouble.

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Answered on 7/06/07, 11:42 pm


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