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ubet
08-05-2011, 12:35 PM
I know in Ca you cant carry a switchblade, but assisted opening is ok. SO, are the microtech otf knives considered switchblades or assisted opening? Technically you are moving a lever to release the blade, whereas the switchblade you just press a button. Stretching it?

SarcoBlaster
08-05-2011, 12:38 PM
The Microtech OTF's are switchblades.

The Virus
08-05-2011, 12:39 PM
Protech
http://www.protechknives.com/knives/switchblades/runt-4-knives.asp

Anonymous Coward
08-05-2011, 5:05 PM
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.

The lever would fall under "other mechanical device" and not e.g. "thumb stud attached to the blade" which assisted openers use.

Turo
08-05-2011, 5:14 PM
I know in Ca you cant carry a switchblade with a blade longer than 2 inches, but assisted opening is ok. SO, are the microtech otf knives considered switchblades or assisted opening? Technically you are moving a lever to release the blade, whereas the switchblade you just press a button. Stretching it?

Your question has been answered, but I wanted to correct your first statement a little. Switchblades with >2" blades are not legal to carry on your person or in the passenger compartment of a vehicle, but those with blades shorter than 2" are not restricted any more than regular folders are.

BayAreaShooter
08-05-2011, 5:21 PM
Your question has been answered, but I wanted to correct your first statement a little. Switchblades with >2" blades are not legal to carry on your person or in the passenger compartment of a vehicle, but those with blades shorter than 2" are not restricted any more than regular folders are.

Beat me to it. Good info to know.

ubet
08-05-2011, 6:11 PM
I know that you can CARRY <2", and own any length, just as long as it stays in your house ):. I figured I would get the responses I did. Was just wishful thinking that we could have SOMETHING cool in this piece of $h!t state.

Turo
08-05-2011, 6:16 PM
I know that you can CARRY <2", and own any length, just as long as it stays in your house ):. I figured I would get the responses I did. Was just wishful thinking that we could have SOMETHING cool in this piece of $h!t state.

It was mostly for the benefit of someone coming into this thread 6 months or a year later and reading about switchblades. It's always good to clarify, especially when the information will be available for years to come.

JUm3
08-24-2011, 12:56 AM
question, im getting alot of mixed answers. what is the legal limit (inches) to carry a folding blade?

Merc1138
08-24-2011, 1:16 AM
question, im getting alot of mixed answers. what is the legal limit (inches) to carry a folding blade?

There is no limit at the state level, city and county could be another story.
CA penal code 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.
For purposes of this section, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein.

That's the CA knife law, with one other mention elsewhere about dirks/daggers but they aren't defined, and another elsewhere about concealed fixed blades.

If you can stuff a 20" folding knife into your pocket that isn't a balisong, switchblade, or otherwise is described as illegal from 653k, then go for it.

However Oakland and LA(quite possibly a few others too) have various restrictions on length since there apparently isn't any state pre-emption for knife laws. Although it would be nice to finally see the 2a groups be done with getting our gun rights back and switch to knife rights among other things, but they have bigger fish to fry at the moment.

Paladin
08-24-2011, 5:51 AM
However Oakland and LA(quite possibly a few others too) have various restrictions on length since there apparently isn't any state pre-emption for knife laws. Although it would be nice to finally see the 2a groups be done with getting our gun rights back and switch to knife rights among other things, but they have bigger fish to fry at the moment.No need to wait. Many of "the usual suspects" have started Knife Rights (http://www.kniferights.org/ ) and have already gotten a few states to pass state preemption laws! Join today and tell your friends.

Librarian
08-24-2011, 9:32 AM
There is no limit at the state level, city and county could be another story.
CA penal code 653k


That's the CA knife law, with one other mention elsewhere about dirks/daggers but they aren't defined, and another elsewhere about concealed fixed blades.

If you can stuff a 20" folding knife into your pocket that isn't a balisong, switchblade, or otherwise is described as illegal from 653k, then go for it.

However Oakland and LA(quite possibly a few others too) have various restrictions on length since there apparently isn't any state pre-emption for knife laws. Although it would be nice to finally see the 2a groups be done with getting our gun rights back and switch to knife rights among other things, but they have bigger fish to fry at the moment.

See also the knife laws link in my .sig

Uxi
08-24-2011, 10:44 AM
Although it would be nice to finally see the 2a groups be done with getting our gun rights back and switch to knife rights among other things, but they have bigger fish to fry at the moment.

Arms is arms. The right should be the right to keep and bear weapons. Be it slingshots or cannons or machineguns. Bows, spears/bayonets, etc it's all "arms." The second amendment doesn't say the right to keep and bear muskets. Ideally, we could get SCOTUS to clarify that.

Merc1138
08-24-2011, 6:13 PM
Arms is arms. The right should be the right to keep and bear weapons. Be it slingshots or cannons or machineguns. Bows, spears/bayonets, etc it's all "arms." The second amendment doesn't say the right to keep and bear muskets. Ideally, we could get SCOTUS to clarify that.

I know, I'm not saying that the 2a doesn't apply to knives. I'm saying I'd rather see our gun rights come back and when the NRA, CGF, SAF, etc. don't have any more gun legislation to work on, then get back to "arms is arms" to knives, billy clubs, ninja stars(can't be a mall ninja without them), crappy concealed fixed blade = felony laws, etc. Think about it, if all those resources got freed up and were able to be directed to knife rights, we'd have those back real fast.

Uxi
08-24-2011, 8:27 PM
Sorry, didn't say you were. Just went on a rant of my own. :D

dantodd
08-24-2011, 8:32 PM
Arms is arms. The right should be the right to keep and bear weapons. Be it slingshots or cannons or machineguns. Bows, spears/bayonets, etc it's all "arms." The second amendment doesn't say the right to keep and bear muskets. Ideally, we could get SCOTUS to clarify that.

SCOTUS essentially did clarify that when they GVR'd Maloney. The problem is that Maloney is pro se and I don't think he has the money or time to effectively pursue the issue. In short, he was busted with Nunchaku, challenged the law and was granted cert, the lower courts ruling was vacated and the case was remanded to consider the effects of McDonald on the case.

ETA:

From SCOTUS orders list of June 29, 2010 (http://www.supremecourt.gov/orders/courtorders/062910zr.pdf)
08-1592
MALONEY, JAMES M. V. RICE, KATHLEEN A.
The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of McDonald v. Chicago, 561 U.S. (2010).
Justice Sotomayor took no part in the consideration or decision of this petition.

So, The Supreme Court has vacated a lower courts ruling on non-firearms arms saying that Heller/McDonald apply to the case. This is a pretty strong indication that they recognize that the right extends beyond handguns. It also shows something about their idea of "unusual weapons."

Uxi
08-25-2011, 8:32 AM
SCOTUS essentially did clarify that when they GVR'd Maloney. The problem is that Maloney is pro se and I don't think he has the money or time to effectively pursue the issue. In short, he was busted with Nunchaku, challenged the law and was granted cert, the lower courts ruling was vacated and the case was remanded to consider the effects of McDonald on the case.

ETA:

From SCOTUS orders list of June 29, 2010 (http://www.supremecourt.gov/orders/courtorders/062910zr.pdf)


So, The Supreme Court has vacated a lower courts ruling on non-firearms arms saying that Heller/McDonald apply to the case. This is a pretty strong indication that they recognize that the right extends beyond handguns. It also shows something about their idea of "unusual weapons."

Ah yeah forgot about that. So what happens if Maloney doesn't pursue it more? Miller redux?

dantodd
08-25-2011, 8:51 AM
Ah yeah forgot about that. So what happens if Maloney doesn't pursue it more? Miller redux?

I don't think that he will abandon the case. I suspect it will just take a bit longer to get good case law. Since SCOTUS vacated the opinion I don't think there is any adverse precedence. If it was remanded to district there is no chance of adverse precedence if he does abandon.