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The California Penal Code Knife Law & Legal Definitions

by: roadsideimports( 1595Feedback score is 1000 to 4,999) Top 1000 Reviewer
16 out of 17 people found this guide helpful.


LEGAL LAWS & STATE STATUTES OF CALIFORNIA

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The rules on "what is a legal pocketknife versus a switchblade" are contained in Penal Code 653k.  In it's entirety (current effective 1/1/2002):

    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.
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Bill SB 274, clarifies the definition of a one-hand opening knife so they are not wrongly classified as switchblades. Bill SB 274 clearly states: 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, 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. Definition of Switchblade knife does not include a knife that is designed to open 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 utilizes a detent or other mechanism that (a) provides resistance that must be overcome in opening the blade, or (b) biases the blade back toward its closed position. 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 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.

What are the Legal Definitions?

 

Switchblade

A switchblade (also known as automatic knife, switch, or, in British English flick knife) is a type of knife with a folding blade that springs out of the grip when a button or lever on the grip is pressed. There are two basic types: side-opening and out-the-front (OTF). A side-opening knife's blade pivots out of the side of the handle (in the same manner as an ordinary folding knife). An out-the-front knife's blade slides directly forward, out of the tip of the handle. Many OTF (out-the-front) knives work with a dual-action mechanism that enables the user to extend and retract the knife in one press of the finger, with no cocking or priming action. However, some OTF (out-the-front) knives are single action, and require the user to manually retract the blade. A wide variety of blade designs may be found on switchblades, but the most common is the Italian stiletto style seen often in movies. However, the switchblade should not be confused with the butterfly knife (balisong), assisted-opening knife, or the non-automatic stiletto.
 

Assisted-Opening Knife / Spring-Assisted Opening Technology

A spring-assisted knife is a knife that when you push on the thumb stud to open it a spring takes over and propels the blade open. Spring-assisted knives make a great alternative to automatic knives. A Spring / Torsion assisted knife is a type of knife which uses a spring assisted mechanism behind the blade. They open by the ambidextrous thumb stud on the blade with a slight bit of pressure. They are commonly confused with switchblades, but have one main difference. While a switchblade can be opened usually with the push of a button within the handle, the user of a spring-assisted knife must apply slight pressure to the thumb stud and the spring/torsion assisted mechanism does the rest. Once the knife has been opened about one-quarter of the way (45°), the mechanism will open the knife the rest of the way. A/O knives are Assisted - Opening which are also Spring - Assisted knives.

Why Were Spring Assist Knives Made Legal?

Click here to learn about Bill SB 274

Why Are Spring Assist Knives Allowed on eBay?

Click here to learn why ebay allows Spring Assist Knives

Why Does Paypal Allow the Sale of Spring Assist Knives?

Click here to learn how Paypal was forced to allow the sale.



For More Information Google Search Roadsideimports or SpringAssistKnives




Click here to see a visual demonstration of Spring Assist Knives

Guide ID: 10000000003504505Guide created: 05/05/07 (updated 08/19/08)

 
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