A panel of judges in the Pennsylvania Superior Court reaffirmed a ruling Thursday that says switchblades are not protected under the Second Amendment.
In a short non-precedential opinion published Thursday, the three-judge panel struck down an appeal filed by a man arrested for carrying a switchblade, also known as an automatic knife. (See the difference between a switchblade and assisted-opener here.)
On July 29, 2014, William Battle went into the Pike County Administrative Building for an appointment with a probation officer related to an incident in 2009. When Battle emptied his pockets to go through the metal detector, a deputy saw an automatic knife with a four-inch blade.
Battle was promptly arrested and charged with possession of an illegal offensive weapon.
He was found guilty in a jury trial in January 2016 and was subsequently sentenced to one to three years in jail, despite his attorney’s arguing that Pennsylvania’s criminal code (18 Pa.C.S. § 908) prohibiting the possession of offensive weapons was unconstitutional.
So he filed an appeal.
Switchblades ‘serve no common purpose’
While Battle and his attorneys acknowledge that the state law does indeed prohibit the possession of automatic knives, they argue that it conflicts with the right to bear arms laid out in the Second Amendment.
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