Carrying a Spring Assisted Knife in California

I was thinking of purchasing a knife with a spring assist open mechanism. I've researched quite a bit on as many sites as i can. This is for the state of California.

This is the knife I'm interested in. http://www.jtvknives.net/servlet/the...%26W%2C/Detail

It uses a M.A.G.I.C. open assist, as well as a thumbstud on both sides of the blade, and a tip striker on the spine as an alternative method of opening.

The switch on the back pushes the blade forward in the same way that the thumbstud does. Pressure must be applied to either one to push the blade forward enough to be opened by the spring assist.

The main penal code for knives like these is 653k, as well as Bill SB 274 revising 653k to exclude types of knives such as this from being wrongly classified as switchblades.

I live in California and I've gone over the laws as much as I can, I'd just like to be sure before purchasing the knife.

Also, I'm referring to the legality for open carry, not just to have in home.

The features on this knife have all been discussed in many reviews which you can find readily available online. All of the reviews i've seen or watched have said that this knife is not a switchblade. However I'd like a formal opinion before I decide.

http://www.youtube.com/watch?v=3ViqVCbJFmw&NR=1
This is one of the most convincing reviews i've seen, the knives used for assisted knives have the same features as the knife i want.

Thanks for your time.

I'm not going to watch that entire video.... Would the "tip striker on the spine as an alternative method of opening" constitute being able to open the blade by "pressure on the handle"?

The lever is not located on the handle, it's located on the spine. It is a separate pivot lever, touching the blade directly.

It pushes the blade forward in range of the assisted opening mechanism, the same way you must push the blade forward with the thumbstud to get it to open with the assisted opening mechanism.

When the blade is open, you can move the lever freely, and it has no effect. The only use of the lever is to push the blade forward. (EDIT)It does not lock the blade in place while it's open or closed. This makes it a useful one handed opening knife.

Assisted opening knives were made to separate themselves from the switchblade category.

The main point in the second video is that assisted open knives do not always retain pressure on the blade, as switchblades do. If the knife is interrupted with the spring assist, it will not continue to open once the obstruction is moved out of the way. With switchblades, once the blade is unlocked, it will continue to push itself open until it is forced closed or locked open.

I have a personal interest in this matter so I'm going to explain my opinion and hopefully somebody with a more extensive legal background can say whether or not they agree.

The two relevant laws for California are PC 653k and SB 274

You can find the important excerpts from these laws here if you want:

http://valhallacutlery.com/274.aspx

Reading PC 653k it is clear the the knife meets all the criteria of a switchblade knife but this exemption is what is up for debate I believe.

According to PC 653k:

Quote:

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"Switchblade knife" does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position.

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Now the knife in question does in fact open with a thumbstud on the blade utilizing thumb pressure BUT it ALSO opens with a lever located behind the blade and secured to the handle. This lever is neither a thumbstud nor a part of the blade. Since this knife opens with thumb pressure on more than just the "blade of the knife or a thumb stud attached to the blade" I believe it would be considered a switchblade.

Can anybody elaborate?

If you must use a finger to open and lock the blade, you're good. If there is a spring that propels the blade from a closed to open position, you coul dbe in trouble.

Here is the section:

653k. Every person who possesses in the passenger's or driver's
area of any motor vehicle in any public place or place open to the
public, carries upon his or her person, and every person who sells,
offers for sale, exposes for sale, loans, transfers, or gives to any
other person a switchblade knife having a blade two or more inches in
length is guilty of a misdemeanor.
For the purposes of this section, "switchblade knife" means a
knife having the appearance of a pocketknife and includes a
spring-blade knife, snap-blade knife, gravity knife or any other
similar type knife, the blade or blades of which are two or more
inches in length and which can be released automatically by a flick
of a button, pressure on the handle, flip of the wrist or other
mechanical device, or is released by the weight of the blade or by
any type of mechanism whatsoever. "Switchblade knife" does not
include a knife that opens with one hand utilizing thumb pressure
applied solely to the blade of the knife or a thumb stud attached to
the blade, provided that the knife has a detent or other mechanism
that provides resistance that must be overcome in opening the blade,
or that biases the blade back toward its closed position.
For purposes of this section, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein.

If the spring propels it open, you could be arrested and charged with a misdemeanor. If you carry it in a locked position and concealed, you could be charged with a felony per PC 12021.

- Carl

Thank you for your input.

This is a spring assisted knife, but the spring assist does not open the blade. Also if the blade is interrupted while being opened, it does not continue to force itself open as switchblades do. It can't be 'flicked' open, and is locked closed until you apply pressure to the blade. There is also a safety slide switch that keeps the blade locked closed until the safety is released.

The knife can't be opened by the spring in any way unless you open the blade yourself.

Also, as sort of a side note here, I believe knives with pocket clips are not considered concealed as long as the pocket clip is visible. Is that true?

Do you push a button and a spring or other device unlocks the blade? If it is all done by the action of thumb, is not able to "flicked" open, and no mechanical device is used to assist in the opening or locking of the blade, you should be okay ... providing you are not carrying it concealed and with the blade locked.

- Carl

Quote:

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Quoting cdwjava

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Do you push a button and a spring or other device unlocks the blade? If it is all done by the action of thumb, is not able to "flicked" open, and no mechanical device is used to assist in the opening or locking of the blade, you should be okay ... providing you are not carrying it concealed and with the blade locked.

- Carl

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No button is used. Pressure must be applied directly to the blade, and the blade must be manually pushed forward by your own force for the blade to open.

Quote:

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Quoting EMPaighton™

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No button is used. Pressure must be applied directly to the blade, and the blade must be manually pushed forward by your own force for the blade to open.

---

Paighton is being less than forthcoming with the truth.

The truth about this knife is that it does in fact have a spring that opens the blade quiet violently. If the knife is being opened by the lever in the handle then the motion is like a stiff light switch. When the switch is moved from the on to off position the blade is propelled outward by this switch at which point the spring takes over. The only difference between this method of opening and a traditional switchblade is that the blade is not held back by a lock that the switch releases. The switch uses the mechanics of a lever to turn the force put on it into a propulsion for the blade.

Regardless of how the switch does this, my point is that the law does not allow for this switch/lever style of opening explicitly. It only mentions
"thumb pressure
applied solely to the blade of the knife or a thumb stud attached to
the blade"


@cdwjava, as far as the portion of the law you highlighted, this knife definitely matches all of those criteria as the "lever/switch" definitely fits into the "other mechanical device" area. I think the portion right below the highlighted area is what is most important here.

The section below the highlighted portion does not remove the exemption for "spring blade"or "mechanical device." If it uses a spring in the manner you say, he stands a good chance of getting popped if the knife is discovered by an officer.

At the very least, this could case him problems. My recommendation would be go with another knife. If the purpose here is self defense, then it is a bad idea unless he is a trained knife fighter in some way. Most people end up injuring themselves using knives, or using them at a time and place that gets them sent to jail and not the other way around.

- Carl