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#254077 - 11/30/12 07:25 PM Re: California Court decision regarding "Switchblades" [Re: drahthaar]
ireckon Offline
Pooh-Bah

Registered: 04/01/10
Posts: 1629
Loc: Northern California
Arney, you cause me to think about another situation. Imagine a folder with a screw that comes loose, causing the blade to come off from the knife. Is the blade sitting concealed in your pack a fixed blade knife at that point? If not, why not? I don't think intent is part of the law.
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#254216 - 12/02/12 11:35 PM Re: California Court decision regarding "Switchblades" [Re: Russ]
Doug_Ritter Offline

Pooh-Bah

Registered: 01/28/01
Posts: 2198
Originally Posted By: Russ
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.


Not exactly arguing, just setting the facts straight. WRT the cost to the Defendant, note that the had a court appointed lawyer. Still hell to go through for no good reason.
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#254218 - 12/02/12 11:49 PM Re: California Court decision regarding "Switchblades" [Re: Doug_Ritter]
Russ Offline
Geezer

Registered: 06/02/06
Posts: 5357
Loc: SOCAL
Quote:
Andrea S. Bitar, under appointment by the Court of Appeal, for Defendant and Appellant.
I'm actually shocked that an Appellant had a court appointed attorney. Is that normal/common? Still, I'm sure there are expenses other than for the lawyer, but time and trouble alone take this out of the "win" column, at best he broke even.

Now for the rest of us this is definitely a win, we now have precedent that the Benchmade, Spyderco, et al one hand opening folders we own are legal. Hmm, have the assisted openers been tested in court?

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#254223 - 12/03/12 01:49 AM Re: California Court decision regarding "Switchblades" [Re: Arney]
Arney Offline
Pooh-Bah

Registered: 09/15/05
Posts: 2485
Loc: California
I think I found an answer to my own question. I'm not sure how much weight a memo of legislative intent by the original author of California's knife law has on a DA's decisions on whether to prosecute, but I found a clarifying document at this page.

The relevant section of the memo discusses what types of knives are exempt from the category of a switchblade:

Quote:
...In order to ensure that only legitimate one-handed opening knives are covered, SB 274 narrows the language to only allow knives to fall under the exemption from the switchblade law if that one-handed opening knife contains a detent or similar mechanism. Such mechanisms ensure there is a measure of resistance (no matter how slight) that prevents the knife from being easily opened with a flick of the wrist. Moreover, a detent or other mechanism is prudent and a matter of public safety as it will ensure that a blade will not inadvertently come open.

Although some one-handed opening knives can be opened with a strong flick of the wrist, so long as they contact a detent or similar mechanism that provides some resistance to opening the knife, then the exemption is triggered...
(Emphasis mine)

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