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#254039 - 11/29/12 10:44 PM California Court decision regarding "Switchblades"
drahthaar Offline
Member

Registered: 12/05/06
Posts: 105
This may be of interest to California residents who carry folding knives.

http://www.courts.ca.gov/opinions/documents/G045929.PDF

I won't try to summarize it because the Court makes some pretty fine distinctions ...

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#254041 - 11/29/12 11:37 PM Re: California Court decision regarding "Switchblades" [Re: drahthaar]
haertig Offline
Pooh-Bah

Registered: 03/13/05
Posts: 1903
Loc: Colorado
After reading that, it's no wonder the lower courts decision was reversed. IMHO, they were so obviously ignoring the law as written that I would term what happened as "malicious prosecution" or "harassment". There should be repercussions for courts and prosecuters that so flagrantly ignore the law. How much do you think that defendent had to pay - court costs, a lawyer, personal time lost - in defending himself against that total B.S.? He should be awarded all that money back, and then some, as a penalty.

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#254044 - 11/30/12 01:32 AM Re: California Court decision regarding "Switchblades" [Re: drahthaar]
spuds Offline
Old Hand

Registered: 06/24/12
Posts: 822
Loc: SoCal Mtns
Good decision and scary,its so hard to be legal with such stuff going on.

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#254048 - 11/30/12 02:40 AM Re: California Court decision regarding "Switchblades" [Re: drahthaar]
Pete Offline
Veteran

Registered: 02/20/09
Posts: 1256
true ... many of these knives can be opened with a flick of the wrist - if the user practices enough. But they all have positive retention of the blade ... manufacturers are not crazy enough to sell real switchblades that flip open easily. this case is mostly about ignorance of folding knives and how they work.

Pete2

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#254050 - 11/30/12 04:38 AM Re: California Court decision regarding "Switchblades" [Re: drahthaar]
chaosmagnet Offline
Sheriff
Carpal Tunnel

Registered: 12/03/09
Posts: 2741
Loc: USA
Let's stay away from politics in this thread, or I'll have to lock it.



chaosmagnet

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#254057 - 11/30/12 07:53 AM Re: California Court decision regarding "Switchblades" [Re: drahthaar]
spuds Offline
Old Hand

Registered: 06/24/12
Posts: 822
Loc: SoCal Mtns
this case is mostly about ignorance of folding knives and how they work.
-----------------------------------
Absolutely agree,as the testimony pointed that out clearly and the decision was reversed.

The expert witness testimony to clarify the law was very helpful,esp. for us who live in the state.

I doubt anybody here wants to break the law,intentional or otherwise.

Thank you for the up to date information and fantastic link of the actual decision and keeping us safe and legal.


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#254063 - 11/30/12 02:39 PM Re: California Court decision regarding "Switchblades" [Re: drahthaar]
JPickett Offline
Enthusiast

Registered: 08/03/12
Posts: 264
Loc: Missouri
Always nice to see the good guys win one. Cheers!

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#254066 - 11/30/12 03:23 PM Re: California Court decision regarding "Switchblades" [Re: JPickett]
Russ Offline
Carpal Tunnel

Registered: 06/02/06
Posts: 4509
Loc: SOCAL
Considering his time, trouble and money expenses, I would not call that a win. When CA reimburses him for those expenses, he'll have a win -- not holding my breath.

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#254074 - 11/30/12 06:26 PM Re: California Court decision regarding "Switchblades" [Re: drahthaar]
clearwater Offline
Old Hand

Registered: 03/19/05
Posts: 958
Loc: Channeled Scablands
And note, any length of fixed blade knife must be carried openly in CA, and not
at all in some jurisdictions. Even the little Altoids tin knife Doug sells. Carrying it in
a backpack could be a felony in some circumstances.

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#254075 - 11/30/12 06:48 PM Re: California Court decision regarding "Switchblades" [Re: drahthaar]
Arney Offline
Pooh-Bah

Registered: 09/15/05
Posts: 2485
Loc: California
Well, here's a question that I have from reading the ruling. I'm not particularly a knife guy but the legal angle intrigues me. Legally, is there ever a difference between the design of a knife and the true condition of a knife?

Halfway down page 4, the court says that:
Quote:
...And, as I said, I inspected the knife myself and found that is true, it can be opened by the flip of the wrist. That makes it a switchblade.

From my reading, it seems that this judge or presiding administrator could flick this knife open purely with wrist action. And earlier in the ruling, there is mention that the set screw was "a little bit wobbly".

By extension, could I make a butterfly-style knife that has some sort of stud/potrusion and retention mechanism that you are supposed to use, but if it's loose, I can it flip open despite it having some retention mechansim?

Edit: Egads, just re-reading my post, makes me sound like some teenager who is itching to find a loophole to legally carry a butterfly knife! Certainly not my intention! Just wondering about this legal gray area--at least gray to me.


Edited by Arney (11/30/12 06:51 PM)

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