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Illegal Knives in California

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  • 12-25-2016, 07:15 PM
    VcTr
    Illegal Knives in California
    My question involves criminal law for the state of California. Is the legal in California? https://www.amazon.com/dp/B00K3SR7S2/

    I just wanted to know. Thanks!
  • 12-25-2016, 08:32 PM
    Who'sThatGuy
    Re: Legal in California
    The knife in question is a stiletto knife making this knife 100% illegal.

    In California, knifes that are illegal are:

    1. Misleading knifes: Misleading knifes are knifes that look like something other then a knife so to hide the identity of the knife. They include pen knifes, lipstick knifes, cane knifes, belt knifes and air gauge knifes to name a few.

    2. Undetectable knifes: These include knifes that won't set off a metal detector.

    3. Ballistic Knifes are illegal.

    4. Dirks, Daggers and Stilettos are illegal.

    Note that this is not legal advice and there is no client attorney relationship. You should talk to a California lawyer if you want a real legal opinion.
  • 12-26-2016, 02:25 AM
    cdwjava
    Re: Legal in California
    Quote:

    Quoting VcTr
    View Post
    My question involves criminal law for the state of California. Is the legal in California? https://www.amazon.com/dp/B00K3SR7S2/

    I just wanted to know. Thanks!

    Actually, this is legal in CA ... unless the device is spring-loaded (to a locked position) or a gravity knife. I don't know what is meant by "fast opening" though it appears to have a tension switch and not a spring.

    If you carried it with the blade locked open and concealed on your person, THEN it could be illegal as a "dirk or dagger" pursuant to PC 21310.
  • 12-26-2016, 08:20 AM
    jk
    Re: Legal in California
    Quote:

    Quoting cdwjava
    View Post
    Actually, this is legal in CA ... unless the device is spring-loaded (to a locked position) or a gravity knife. I don't know what is meant by "fast opening" though it appears to have a tension switch and not a spring.

    If you carried it with the blade locked open and concealed on your person, THEN it could be illegal as a "dirk or dagger" pursuant to PC 21310.

    i have a suspicion this is a spring asssisted (pops the blade out at
    the push of a button) and the looseness of the blade allows for it to be flipped out with a flick of the wrist making it a gravity blade (I believe that is the definition). I know it isn't really clear on the site but my hunches tell me it is a gravity blade. The "fast opening" is why I'm thinking this. I suspect it is meant to infer the knife being able to be "flipped" open.
  • 12-26-2016, 08:57 AM
    budwad
    Re: Legal in California
    There is a difference between carrying and concealing and simply owning the knife as a collector piece in your home. Isn't there? OP makes no distinction.
  • 12-26-2016, 08:57 AM
    free9man
    Re: Legal in California
    Quote:

    Quoting jk
    View Post
    i have a suspicion this is a spring asssisted

    The Q&A section has a response saying it's spring-assisted. There is also a video in one of the reviews showing it is spring-assisted. The reviewer barely touches the little piece where you'd put your finger to flip it out and the blade flies out.
  • 12-26-2016, 10:41 AM
    jk
    Re: Legal in California
    Quote:

    Quoting free9man
    View Post
    The Q&A section has a response saying it's spring-assisted. There is also a video in one of the reviews showing it is spring-assisted. The reviewer barely touches the little piece where you'd put your finger to flip it out and the blade flies out.

    It can be spring assisted as long as that doesn't cause the blade to go full lock. That makes it a switchblade. Many knives have a spring assist to push the blade from its closed position making it easier to open. That is not illegal spring assist. I think where this particular knife runs afoul of the law is I suspect it is in fact a "gravity knife" which is illegal in California.

    I think, in regards to the spring issue anyway, is there is a difference between spring assist and spring opening. Spring assist doesn't cause the blade to fully open. Spring opening does.

    At least that's how I understand the laws. Hopefully Carl will add to the thread. He is obviously more aquatinted with the interpretations than I.
  • 12-26-2016, 10:57 AM
    cdwjava
    Re: Legal in California
    Quote:

    Quoting jk
    View Post
    i have a suspicion this is a spring asssisted (pops the blade out at
    the push of a button) and the looseness of the blade allows for it to be flipped out with a flick of the wrist making it a gravity blade (I believe that is the definition). I know it isn't really clear on the site but my hunches tell me it is a gravity blade. The "fast opening" is why I'm thinking this. I suspect it is meant to infer the knife being able to be "flipped" open.

    I don't think I'll bother researching this particular knife, but, if it is spring assisted, then it is probably okay. If it uses a spring mechanism to fling the blade from closed to locked, then it would be a misdemeanor to carry. There are a lot of knives that are sold here that have a button to unlock them, but have to be manually locked open, or, have to be flipped really hard to lock open. A "gravity knife" would have no resistance and be easy to flip open with a flick of the wrist.

    EDIT: After watching the video, it seems that it is NOT spring loaded, but that the finger can flip it open by pushing down on a tab on top of it. If that is the case, and it is a manual action that opens it, then it would not be a "switchblade" under PC 653k.
  • 12-26-2016, 03:52 PM
    Mark47n
    Re: Legal in California
    All I can say is REALLY?! That is the tackiest thing I've ever seen. It should be illegal for violating standard of good taste!
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