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View Full Version : Misguided Switchblade Ruling Thrown out (People v Gilbert, Cal App 4th)


vantec08
12-03-2012, 2:42 PM
http://www.ammoland.com/2012/12/03/california-appeals-court-throws-out-misguided-switchblade-ruling/#axzz2E23noQgE


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.”

nothinghere2c
12-03-2012, 2:44 PM
good to hear

durandal
12-03-2012, 3:15 PM
That was specifically exempted in the old PC 653K

gunsmith
12-03-2012, 4:35 PM
great news, thanks for posting.

RMP91
12-03-2012, 4:52 PM
Finally, they get SOMETHING right!

1JimMarch
12-03-2012, 5:26 PM
YES! This was a huge issue, with a number of cases like it all over the damn state.

Dr Rockso
12-03-2012, 5:34 PM
Wow, I didn't even know this was an issue. I'm assuming this had something to do with ambiguity introduced by the PC 12xxx rewrite. Wasn't this specifically addressed by the 'bias toward closure' language? Did that language not make it into the rewritten statutes?

bohoki
12-03-2012, 5:36 PM
so basically it takes a court to make the "da" follow the letter of the law

sheesh

ive been thorough many of the technical advances that all seem to get banned

the german paratrooper is obviously the one intended to be the one banned by gravity knife wordings

i have the usa speed knife which is basically a buck type but has a stud on the lock bar so you can release the tension and the blade would flip open with a flick(banned as a gravity inertia knife)

anybody remember the sogue that had a lever on the handle you could open the knife as fast or as slow as you operated the lever it too was called a switchblade like a week after i bought it from a cutlery shop in the mall

the spring assisted i think invented by ken onion with its cam over type spring that pushes the blade closed was a revolution and i'm pretty sure 90% of the knives out of china are using that design

1JimMarch
12-03-2012, 5:39 PM
No, the re-coding had nothing to do with it. It was local judges all over the state ignoring the plain letter of the law. This crap has been a plague all over the state, esp. where juveniles and/or minorities are concerned.

I've been Emailing the judgement to various attorneys and one defendant (who I think is still in the appeals process!) who have contacted me over the last few years just by searching on "detent" in my mailbox.

Dr Rockso
12-03-2012, 5:47 PM
It was local judges all over the state ignoring the plain letter of the law. This crap has been a plague all over the state, esp. where juveniles and/or minorities are concerned.



Sounds about right. I remember stumbling across your writeup on CA knife laws probably 10 years ago, which set me straight and cleared up some of the conflicting knife shop FUD and LEO FUD I was trying to reconcile. Thanks for your continuing work, and it's too bad that the judicial system doesn't know how to read the laws they're supposed to apply.

1JimMarch
12-03-2012, 7:04 PM
You might note from the opinion that the court acknowledges the letter of legislative intent signed by Betty Karnette in 2001 regarding "detent or bias towards closure".

That letter would have been lost in the mist of time 'cept for one thing: I published it on my website...because that letter was written in response to my testimony before the Assembly Safety Committee in 2001.

Gilbert's lawyers almost certainly got wind of that letter from my website. Not bragging, just fact.

There was a previous case that was almost as good, but with the knife lost by police that loss became the main issue leaving the "bias or detent" interpretation slightly unclear:

http://www.akti.org/news/california-appellate-upholds-653K

This latest case is a pure "bias or detent" interpretation case.

As a side-note: in the 2001 hearing on the bill, I brought a bag 'o knives to the hearing, showed it to security officers, explained that it was evidence before the committee. I sat next to this kindly looking old lady at the committee witness table, explained to said lady that I was going to demonstrate how a normal pocket-knife could be flicked open, she said that was fine, I flicked open a borrowed Chris Reeve "Sebenza", laid it on the table and explained how making felons out of the hundreds of thousands of people carrying those was a bad idea. The fact that the old lady (WHO TURNED OUT TO BE SENATOR KARNETTE!) wrote that letter of legislative intent proves pretty solidly that I managed not to scare the hell out of her :).

Years later various gun-grabbers tried to turn this incident into "that's the guy that pulled a knife in the Assembly Public Safety Committee".

Sigh.

So...yeah, I've been involved in this issue since the beginning :).

Two other people were there on our side: Nadja Adolf (the lady who helped me blow up the Million Mom March around the same time) and Jason...damn, forgot his last name!

The NRA was nowhere to be seen, and the "American Knife and Tool Institute" screwed this up by the numbers :(.

vantec08
12-04-2012, 2:38 AM
Geeez, 1Jim - - they're like buzzards hovering.

A-J
12-04-2012, 6:04 AM
So I guess I need to get rid of my Gerber Gator that I bought back in 92.

Mulay El Raisuli
12-04-2012, 6:29 AM
You might note from the opinion that the court acknowledges the letter of legislative intent signed by Betty Karnette in 2001 regarding "detent or bias towards closure".

That letter would have been lost in the mist of time 'cept for one thing: I published it on my website...because that letter was written in response to my testimony before the Assembly Safety Committee in 2001.

Gilbert's lawyers almost certainly got wind of that letter from my website. Not bragging, just fact.

There was a previous case that was almost as good, but with the knife lost by police that loss became the main issue leaving the "bias or detent" interpretation slightly unclear:

http://www.akti.org/news/california-appellate-upholds-653K

This latest case is a pure "bias or detent" interpretation case.

As a side-note: in the 2001 hearing on the bill, I brought a bag 'o knives to the hearing, showed it to security officers, explained that it was evidence before the committee. I sat next to this kindly looking old lady at the committee witness table, explained to said lady that I was going to demonstrate how a normal pocket-knife could be flicked open, she said that was fine, I flicked open a borrowed Chris Reeve "Sebenza", laid it on the table and explained how making felons out of the hundreds of thousands of people carrying those was a bad idea. The fact that the old lady (WHO TURNED OUT TO BE SENATOR KARNETTE!) wrote that letter of legislative intent proves pretty solidly that I managed not to scare the hell out of her :).

Years later various gun-grabbers tried to turn this incident into "that's the guy that pulled a knife in the Assembly Public Safety Committee".

Sigh.

So...yeah, I've been involved in this issue since the beginning :).

Two other people were there on our side: Nadja Adolf (the lady who helped me blow up the Million Mom March around the same time) and Jason...damn, forgot his last name!

The NRA was nowhere to be seen, and the "American Knife and Tool Institute" screwed this up by the numbers :(.


Good on you.


The Raisuli

Nick Justice
12-04-2012, 9:01 AM
Unbelievable!

Decoligny
12-04-2012, 9:26 AM
So I guess I need to get rid of my Gerber Gator that I bought back in 92.

And why exactly would you need to get rid of your Gerber Gator????

1JimMarch
12-04-2012, 2:50 PM
The court ruling says the Gator is fine.

sreiter
12-04-2012, 9:23 PM
The opinion: http://www.kniferights.org/G045929.pdf


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 (http://www.kniferights.org/index.php?option=com_content&task=view&id=98&Itemid=1).