It is very common for gun owners to also carry knives they may use as defensive weapons where gun possession is prohibited, or as a back up against gun malfunction during a self-defense emergency. As a result, members often ask questions about knives for self defense. For our attorney question column, we asked our affiliated attorneys these questions –
In your area, what laws apply to carrying a knife?
If one inadvertently violated a municipal regulation prohibiting blade length, automatic opening mechanisms, or other knife features, how damaging would the violation be to an overall claim of self defense?
If one is found in possession of an illegal knife, what is the punishment and does it affect one’s carry permit or right to possess firearms?
After receiving a number of responses last month, a final commentary arrived that was so good that we carried the topic forward one more month to include this material.
Emanuel Kapelsohn
The Peregrine Corporation
1771 Creekview Drive, Fogelsville, PA 18051
610-530-2700
https://www.peregrinecorporation.com/
I read with interest the answers to last month’s Attorney Question about knives. All good information! One point I did not see mentioned was this: In the United States, we are generally used to the image and concept of people defending themselves with guns, and it is now possible for individuals in almost all states to carry concealed handguns for self-defense. Police carry handguns, and the police use of handguns to shoot criminal attackers is generally approved and accepted by society. Knives, however, are a different thing. Most people (read, “the jury”) associate the image of stabbing or slashing people with knives as something done by criminals, not by law-abiding individuals.
In addition, many of us cringe at the thought of being cut with a knife, more so than at the thought of being shot. A psychologist explained to me that this visceral reaction to the thought of being cut occurs because we all have been cut – if only by ourselves, when we slipped while using a sharp knife in the kitchen – whereas most of us have never been shot, so we have no visceral recollection of the pain involved in such an experience. What this means, in my opinion, is that members of a jury may look very much askance at someone who claims self defense after disemboweling another individual, or cutting their arm open, or permanently disfiguring their face with a huge slash. Technically, if one is entitled to use deadly force in self defense, it should not matter what type of weapon is used for that purpose. But imagine that, in defending yourself against a burglar, you used a home-made flamethrower to horrifically burn your attacker to death, with his screams of agony permanently recorded on the 9-1-1 tape. Many juries would have a hard time dealing with that image, and would view you very differently than if you had used a snubnosed .38 revolver that, in comparison, looked very tame and ordinary – like something a “normal” person (whatever that is) would use in defending themselves.
As an expert witness, I’ve worked in cases involving evil-looking, curved-blade karambit knives, knives with brass knuckles attached, and knives with dragons and black widow spiders etched onto the handles. None of these knife choices impressed anyone as being wholesome and innocent; in fact they created hurdles that counsel needed to overcome in claiming self defense. All knives cut, but some look far more “evil” than others. So, just as with firearms, I urge ACLDN members not only to make all reasonable efforts to avoid, deter, and de-escalate whenever possible, but also to use good judgment in selection of their defensive knives, just as in selection of their guns and ammunition, so as to avoid unnecessarily giving legal opponents arguments and images that can be used against them.
My concerns also extend to those who recommend using a knife, perhaps carried on one’s support side, as a defense against an attacker who attempts to grab one’s holstered gun. “Just draw your knife and cut him off your gun,” as the knife-advocates blithely recommend. I’ve worked as an expert witness in several weapon retention cases where the defender ultimately had to shoot and kill his attacker. Defending these cases was hard enough; if the defender had used a knife instead of his gun, the legal defense might have been harder still. Again, in using deadly force there may be no technical difference in what weapon or method is used. But many juries will react differently to different weapons and methods. An attempted gun grab is undoubtedly a deadly attack, and must be countered decisively. Nevertheless, ACLDN members should understand the possible consequences of the weapons and methods they use.
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A big thank you to our advisory board member and affiliated attorney, Emanuel Kapelsohn, for sharing his knowledge on this topic..