Are Spring-Assisted Opening Knives Legal in California

[apk2001]

Hey Guys!
I was looking into getting a Gerber Propel Downgrade AO but was discouraged by the controversy over whether a spring assisted knife, that contains a thumb stud, is considered an automatic knife, or switchblade. As it says in the title, I live in Santa Barbara, California and was very interested in this knife. Additionally, if anyone has anything to comment about the knife, if its a good knife or not, please do.

Thanks for the support!

[jk]

Additionally, if anyone has anything to comment about the knife, if its a good knife or not, please do.

this site does not provide product reviews. If that is what you seek, there are better sites to do that.

california’s definition of answitchblade;

As used in this part, “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.

the code section continues speak g to your concern of the thumb pin

“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.

[flyingron]

The Gerber autos are clearly not legal. The Propel would seem to meet the exception JK quotes (in fact, I it is because of this distinction in California and other places like Canada that Gerber makes this version that looks like it would otherwise be in the auto line). You have to push the knife blade itself past a given point before the spring kicks in or else it wants to stay shut.

[apk2001]

The Gerber autos are clearly not legal. The Propel would seem to meet the exception JK quotes (in fact, I it is because of this distinction in California and other places like Canada that Gerber makes this version that looks like it would otherwise be in the auto line). You have to push the knife blade itself past a given point before the spring kicks in or else it wants to stay shut.

So would you not recommend I get this knife, even though it is a spring assisted knife, not an automatic?

california’s definition of answitchblade;

So I have read that before but am still confused. If it has a thumb stud on the blade that you must put pressure on to activate the mechanism, is it considered a switchblade?

[flyingron]

No, I didn't say that. I said that the propel is likely California safe where the regular Gerber autos clearly aren't. The key is if you have to move the blade (by thumb stud or by gripping it directly) past some point to overcome the spring keeping it closed. Once you do that, the spring bringing it open is allowed.

[apk2001]

No, I didn't say that. I said that the propel is likely California safe where the regular Gerber autos clearly aren't. The key is if you have to move the blade (by thumb stud or by gripping it directly) past some point to overcome the spring keeping it closed. Once you do that, the spring bringing it open is allowed.

Not to go against you but are you definate about this? I really apprieciate your help, but getting caught with a misdemeanor is the last thing I want. Thanks.

[flyingron]

Read the statute JK posted for yourself and then go to the dealer and try the knife. If you have to push it past a point where if you don't it just closes again, it would appear to be legal to possess, even with the spring assist. The thumb stud is allowed as part of that (as if you were pushing on the blade directly). My look at the guys opening it on youtube (I've never actually had my hands on one of these) is that it fits that definition.

The problem is here in my state (not California) even the Propel wouldn't be legal to carry concealed. We're pretty much limited to regular pocket knives.

[apk2001]

Read the statute JK posted for yourself and then go to the dealer and try the knife. If you have to push it past a point where if you don't it just closes again, it would appear to be legal to possess, even with the spring assist. The thumb stud is allowed as part of that (as if you were pushing on the blade directly). My look at the guys opening it on youtube (I've never actually had my hands on one of these) is that it fits that definition.

The problem is here in my state (not California) even the Propel wouldn't be legal to carry concealed. We're pretty much limited to regular pocket knives.

First off, I found this knife online and the local sporting store doesn't sell it. Secondly, would this knife be legal to conceal carry (such as in the pocket in public)?

[Who'sThatGuy]

Your best bet is to speak with a California licensed attorney that deals with weapon laws in the State of California. Even if he were to charge you a few bucks.

From my understanding of the law, it is considered a switchblade in the eyes of California law.

A weapons charge in the State of California. PC 21510 can cost you up to 6 months in jail and a fine of up to $1,000.

Do yourself a favor and seek out a qualified attorney on weapon laws. A quick question may not cost you a dime at his practice, but even if he were to charge you $100, look at what he could be saving you.

[apk2001]

Thanks for all the replies. I spoke with a friend of mine whose uncle is a police officer. Not only did he have this very knife but he also verified it with his uncle who said it is not a switchblade. Thanks again.