Calif. Appeals Court Affirms One-Hand Openers NOT Switchblades

[ez bake]

Hate to cross-post from another forum, but this is some seriously exciting news and kniferights.org is on the ball with this one (Famous Knife-maker and designer Doug Ritter posted this and is one of the many knife-rights champions working to restore our knife-rights - consider donating to kniferights.org if you're so inclined).

http://www.bladeforums.com/forums/s...urt-Affirms-One-Hand-Openers-NOT-Switchblades

California Appeals Court Throws Out Misguided Switchblade Ruling

In a victory for law-abiding knife owners, the California Court of Appeals last week reversed a lower court's absurd expansive ruling that a knife that could be "wrist-flicked" open was a "switchblade." The lower court made the faulty ruling despite an explicit provision in California law that distinguishes and protects one-hand opening and assisted-opening knives with a bias towards closure and despite prior Appellate Court rulings upholding that exception. These common folding knives represent over 80% of the U.S. market and the legislature clearly wanted them to be legal when they clarified the original switchblade law.:

"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.

This is essentially the same exemption that was added to the Federal Switchblade Act as a result of Knife Rights' and its partners' efforts to clarify the federal definition in 2009. We laud the Appeals Court on its decision and a well-written opinion, but it is unfortunate that the defendant had to undergo the extreme harassment and stress to him and his family and friends that comes with such an experience due to the ignorance and apparent anti-knife bias of the law enforcement officer, prosecutors and the lower court involved. We'd also like to acknowledge the successful efforts of the defendant's court appointed lawyer who presented a strong defense. Hopefully, this will be the end of this sordid travesty of justice by the state and there will be no further appeal.

You can read the Appeals Court opinion here: www.kniferights.org/G045929.pdf

This is a perfect example of why Knife Rights is working aggressively and proactively to change knife laws in our country. As we eliminate irrational knife laws prohibiting certain types of knives, or clarify existing knife laws to protect common folding knives, we ensure fewer law-abiding citizens will fall victim to similar bias and ignorance. Knife Law Preemption, pioneered by Knife Rights and now the law in four states, ensures that citizens can expect uniform enforcement throughout their state. We cannot just wait for more bad things to happen before fixing the law; we have to change the law for the better NOW!

 

[348]

I'm not up on all the knife laws in CA, but I have been told that autos were legal to carry as long as the blade was 2" or shorter. However, that same person had a 3" auto confiscated during a traffic stop in Orange County.

 

[ripnbst]

Legal precedent, hells to the yeah!


IMO knife rights aren't under attack too badly but it's not something I want to lose regardless.

 

[Coded-Dude]

In CA:

CONCEALED FIXED BLADE KNIVES, any length, are ALWAYS ILLEGAL, as ‘dirks or daggers’ (although I believe Sikhs have a religious exemption in most places - could be wrong on that)

UN-CONCEALED FIXED BLADE KNIVES may be legal, depending on where you are. (some cities have bans or restrictions on length)

SWITCH BLADE KNIVES, blade length greater than 2 inches, are ILLEGAL TO CARRY (looks like this will be changing thanks to the case EZB posted)

CA KNIFE LAWS

I EDC two bucks; one fixed blade on my belt, and a folder in my pocket. Never had any issues, but they are a lot more lenient in northern CA than they are in So Cal(LA area).

 

[ez bake]

Legal precedent, hells to the yeah!


IMO knife rights aren't under attack too badly but it's not something I want to lose regardless.

Knife rights aren't under attack because we've already lost all those battles.

Think about it - the mere mention of an AWB insights Bill-Oreilly "F!@# it, we'll do it live!" levels of anger pretty much all across the country.

Yet all the "Assault knives" are already mostly banned in the majority of places in the US. And I know this is hard to believe here in Oklahoma, but there are several places all over the country where folks freak out over a small-sized Swiss Army Knife.

Education is the key (just like with guns). I buy non-knife people very nice starter pocket knives all the time (just like taking your anti-gun friends shooting).