Saps and jacks in PA

Joined
Nov 2, 2005
Messages
737
I'm contemplating carrying a small flat sap in PA. PA's laws are vauge. Part of me says "carry it and STFU, if you use it, leave and STFU", but humor me for a minute.

(a) Offense defined.--A person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.

(c) Definition.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"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, or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

I know, duh, there it is right there. but keep with me here.

(b) Exceptions.--

1. It is a defense under this section for the defendant to prove by a preponderance of evidence that he possessed or dealt with the weapon solely as a curio or in a dramatic performance, or that, with the exception of a bomb, grenade or incendiary device, he complied with the National Firearms Act (26 U.S.C. 5801 et seq.), or that he possessed it briefly in consequence of having found it or taken it from an aggressor, or under circumstances similarly negativing any intent or likelihood that the weapon would be used unlawfully.

Is this a defence for otherwise law abiding citizens? I know it won't stop me from getting arrested, but does the fact that i'm a law abiding citizen--trusted so much by the state that they granted me a licence to carry a handgun--who is well trained and educated in the legal use of force negate "any intent or likelyhood that the weapon would be used unlawfully"?

Is this what prevents you from being prosecuted under section 908 for having anything in your posession that could be condisered a weapon? The catchall clause in the law makes just about anything a prohibited offensive weapon if used unlawfully, but is the fact that you're a law abiding citizen enough to make a sap a weapon, but not a prohibited offensive one, since a preponderence of the evidence (no criminal record, lots of training, handgun permit) suggests that you would never use this device illegally but for the common lawful purpose of self-defense?

Understood that no amount of theory would stop a cop from locking me up if he wanted to.
 
Back
Top