Carrying a Spring Assisted Knife in California

have you considered contacting your police department and asking them to come out and look at it

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Quoting THEAMAZINGCHAN

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have you considered contacting your police department and asking them to come out and look at it

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Considering it. Unfortunately not every cop is very well educated in the difference between spring assist and switchblade. When i called in the officer i spoke to seemed to know enough about how the assisted open knives operate, he said as long as there's no button mechanism in the handle and you have to open the blade manually then it's fine, he seemed to know that spring assisted knives are actually legal in the county/state area, excluding schools and related areas where knives are banned.

Well thats great! now you have your specific answer, and you even know that despite your knowledge of it being legal, you still might find an officer who will arrest you for it. then it would be up to you to prove what kind of knife it is.

guess thats the botttom line hu?



glad we could all help:cool:

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Quoting EMPaighton™

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I wouldn't try to say this knife is legal if I didn't have more than enough proof. From day one of this discussion you've been hungup over the secondary thumbstud. But what you haven't accepted yet is that both thumbstuds are simply a piece of metal, screwed into or through the blade. The shape is a little different, but as I've said I'd be more than happy to draw out or even visually demonstrate how the second one works. By applying manual pressure to a thumbstud attached to the blade.

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Please find ONE website that claims that this knife's "tip striker mechanism" is in fact a "thumbstud". JUST ONE WEBSITE. That is all that I ask.



http://img198.imageshack.us/img198/933/swmppic9.jpg

http://img230.imageshack.us/img230/457/swmppic21.jpg

http://img251.imageshack.us/img251/5162/swmppic4.jpg

http://img269.imageshack.us/img269/5803/swmppic5.jpg

EMPaighton, I'm really happy for you!! I'll let you finish your argument in a minute, but T2x had one of the best points of all time. One of the best points of all time.

Once again, here is what the OFFICER will be relying on if one shoul dever have reason to deal with the knife:

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.

And from the state Jury Instructions (aka CalCrim):

A switchblade knife is a knife that looks like a pocketknife and has
a blade that 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 any other
mechanism. A switchblade includes a spring-blade knife, snapblade
knife, gravity knife, or any other similar type knife. A
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, if 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.

The officer is going to look at the knife, push, pull, flip things, and determine if it can be flipped open by a flick of the wrist (a gravity knife) or if the blade uses ANY type of "mechanism" to release the blade.

So, carry at your own risk.

There are numerous very fine, perfectly legal knives that one can carry out there. Why take a risk? And unless one has training as a knife fighter, using it as a self defense tool is not all that wise.

- Carl

If I could have just three and a half minutes of your time.

http://www.youtube.com/watch?v=mlb2_JE8BzE

This video discusses the legality of the knife very well, and explains why the secondary thumbstud/flipper is part of the tang of the blade and just protrudes the spine of the blade.

653k states that

"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."

If you take a few minutes and watch the video it explains why the flipper is legal. It does not release the blade automatically. Nor is there a button in the handle, you do not put pressure on the handle, you do not flip your wrist, and the lever is not considered a mechanical device. Yes T2x I'm very aware of how a lever operates, but you must still manually apply pressure to the tang of the blade for it to open.

The exclusion in 653k states

""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."

As far as the design of the knife, the tang of the blade, is still the blade. Applying manual force to the tang of the blade, is still classified as applying manual force to the blade itself.

Edit: Also, Carl, I do not intend to carry this knife for self defense. I carry knives as tools or utilities. Just yesterday I helped my neighbor resize a door because the hinges were indented to the wrong place. We chipped out a couple inches in the door using a hammer and a knife. They are useful for every day utilities.

He doesn't call it a thumbstud, he calls it a flipper. Your argument and null and void because the law only specifies the thumbstud and blade as places where the thumb pressure may be applied. Not a flipper or anything else.

Also that guy in the video does not sound like a legal expert AT ALL and it seems the point of it is just to sell the knife.

And by the way he is correct about one thing.... that knife is 100% legal....... for you to have at home. It's not legal to carry.

Here are some GREAT parts of his website showing his competency.

http://www.assistedknife.com/index.c...subcatid/67296

And I thought he only sold 100% legal knives?

So why does he need this disclaimer:

http://www.assistedknife.com/index.c....main/pageID/3

"Legal status of products It is the responsibility of the buyer, not the seller, to ascertain, and obey, all applicable local, state, federal and international laws in regard to the possession, and use, of any item purchased from AssistedKnife.com. All equipment is sold subject to public law 90-351, title III, U.S.D., Section 2511, and any local, state or federal ordinances. Consult your local and state laws before ordering if you are in doubt. Absolutely no sales to minors. By placing an order, the buyer represents that the products ordered will be used in a lawful manner and that the he/she is of legal age. AssistedKnife.com will not be held liable for the misuse of any product purchased from us or any of our distributors & dealers. Also as no product is 100% effective against attack, AssistedKnife.com assumes no responsibility if a product purchased from us is not effective in preventing bodily injury, dismemberment or death. Anyone attempting to falsify information or defraud our company in any way, will be turned over to the proper authorities. Any attempts at extortion or entrapment will also be met with swift legal action!"

Knock yourself out. Carry it as you will. I doubt it will ever BE an issue, but if it is, do not be surprised if you might be cited or arrested for 653k. Maybe an officer inspecting the knife will agree with you ... maybe not. Maybe you'll just have to wait for a court to decide.

- Carl

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Quoting T2x

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He doesn't call it a thumbstud, he calls it a flipper. Your argument and null and void because the law only specifies the thumbstud and blade as places where the thumb pressure may be applied. Not a flipper or anything else.

Also that guy in the video does not sound like a legal expert AT ALL and it seems the point of it is just to sell the knife.

And by the way he is correct that knife is 100% legal....... for you to have at home. It's not legal to carry.

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The thumbstud is attached to the blade. The tang of the blade is part of the blade. So I was incorrect that it is attached to the blade, technically it's considered part of the blade.

Do you not bother to read anything I type?

If you actually took the time to read what was in my last point, you are applying pressure to the tang of the blade. That is a fact, not an opinion or twisted words. Unless you want to try and argue that that tang of the blade is not part of the blade, then the knife is 100% legal to own in your home, and carry on your person.

The entire point of a knife that bypasses the CA switchblade law, is to bypass the switchblade law. It's an assisted opening knife, it's not an automatic knife, no matter how much you want it to be.

I've given you the respect of reading your examples and providing adequate responses as to why it is legal and not a switchblade. If you were truly "trying to help" then you would have ended your part in this discussion, when you said you were "done with this discussion". This is nothing more than a "I'm right you're wrong because I said so" situation for you.

You're trying to disprove my wording as opposed to disproving the law itself. That would be a good idea, if we were lawyers in a courtroom. However neither of us are, so you can prove me wrong all you want, it doesn't change the fact of what the law clearly defines as a switchblade, and what it defines as not a switchblade. This knife does not fit the criteria of a switchblade, and meets the criteria of what is NOT considered a switchblade according to the law.

Also, he does not ONLY sell 100% legal knifes, so you thought wrong, clearly. Did you not see the section for "AUTOMATIC SWITCHBLADES", yeah that's very legal. Also, I believe almost every website that sells knives or any type of item that requires you to be 18 to purchase has a disclaimer. The fact that he has a disclaimer is not an issue regarding the legality of this knife.

Feel free to argue as much as you want, what it all comes down to is the law, and the exclusion from the law. As I've said, I've explained everything to you as much as possible, if you still think this knife is illegal, then there's no point in anyone trying to convince you otherwise.