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Benchmade Pen - Legality

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  • Shane916
    Calguns Addict
    • Feb 2006
    • 5004

    Benchmade Pen - Legality

    I wasn't able to find a previous discussion on the topic so I posted this. In regards to CA laws regarding the Benchmade Pen the only applicable PC I found was 12020/653k...which states:

    (19) As used in this section, a "writing pen knife" means a device
    that appears to be a writing pen but has concealed within it a
    pointed, metallic shaft that is designed to be a stabbing instrument
    which is exposed by mechanical action or gravity which locks into
    place when extended or the pointed, metallic shaft is exposed by the
    removal of the cap or cover on the device.
    Based upon this PC it seems that their pens are legal as they have no mechanical action? The point is neither concealed nor covered per say. Am I missing a thread on this? Is there another PC that covers such a device?

  • #2
    boxbro
    Senior Member
    • Apr 2009
    • 790

    Originally posted by Shane916
    I wasn't able to find a previous discussion on the topic so I posted this. In regards to CA laws regarding the Benchmade Pen the only applicable PC I found was 12020/653k...which states:



    Based upon this PC it seems that their pens are legal as they have no mechanical action? The point is neither concealed nor covered per say. Am I missing a thread on this? Is there another PC that covers such a device?

    A cop and or DA with an agenda might call it a dirk.

    "Look at the tyranny of party -- at what is called party allegiance, party loyalty -- a snare invented by designing men for selfish purposes -- and which turns voters into chattles, slaves, rabbits, and all the while their masters, and they themselves are shouting rubbish about liberty, independence, freedom of opinion, freedom of speech, honestly unconscious of the fantastic contradiction....."

    "The Character of Man," Mark Twain's Autobiography

    Comment

    • #3
      Alan Block
      Veteran Member
      • Jan 2007
      • 3077

      They forgot the spoooooooon.

      no text

      Comment

      • #4
        Nose Nuggets
        Calguns Addict
        • Apr 2008
        • 6801

        ^ where's the spoon?


        in regards to the OP, i don't think the Benchmade pen is a stabbing instrument. Its not designed to penetrate, its to be used for pain compliance and small joint manipulation like a kubotan.


        "It is to secure our rights that we resort to government at all." -Thomas Jefferson

        Comment

        • #5
          Sgt Raven
          Veteran Member
          • Dec 2005
          • 3808

          Originally posted by Nose Nuggets
          ^ where's the spoon?


          in regards to the OP, i don't think the Benchmade pen is a stabbing instrument. Its not designed to penetrate, its to be used for pain compliance and small joint manipulation like a kubotan.
          A standard Cross pen can be used as a stabbing instrument.
          sigpic
          DILLIGAF
          "Never attribute to malice that which can be adequately explained by stupidity, but don't rule out malice"
          "Once is Happenstance, Twice is Coincidence, Thrice is Enemy Action"
          "The flak is always heaviest, when you're over the target"

          Comment

          • #6
            savageevo
            Senior Member
            • Oct 2006
            • 1220

            Just say its a letter opener and call it a day.

            Comment

            • #7
              riprap
              Senior Member
              • Jun 2009
              • 701

              Another option:

              Comment

              • #8
                Shane916
                Calguns Addict
                • Feb 2006
                • 5004

                Originally posted by riprap
                Intriguing. I like that design better. Much more subtle.

                Comment

                • #9
                  Jason762
                  Senior Member
                  • Mar 2006
                  • 1704

                  Originally posted by riprap
                  Originally posted by Shane916
                  Intriguing. I like that design better. Much more subtle.
                  That's the one I have. I don't write with it often, but I like it. My only complaint is that if you don't push the cap on hard enough, the pen body will separate from the cap.
                  Strong people are harder to kill than weak people, and more useful in general - Mark Rippetoe

                  Comment

                  • #10
                    dexter9659
                    Senior Member
                    • May 2006
                    • 701

                    It is a pen, which may be used as a blunt tip defensive device. I was told this by the designers. I spose if you really wanted to stretch a definition, you could wave a red one in the air really fast and call it a tracer round pen.
                    Co-Founder of the Contra Costa Contras shooting team

                    Comment

                    • #11
                      gun toting monkeyboy
                      Calguns Addict
                      • Aug 2008
                      • 6820

                      I like this one better. But I figure the kubaton concept is a bit more subtle.

                      Originally posted by aplinker
                      It's OK not to post when you have no clue what you're talking about.

                      Comment

                      • #12
                        CnCFunFactory
                        Senior Member
                        • Mar 2009
                        • 1084

                        Speaking hypothetically. I could drive a standard "Bic" pen deep enough into a persons throat (or any soft tissue for that matter) with enough force to significantly ruin their day. That way I don't dirty up my hundred dollar pen or worse leave a serialized item at the, *clear throat*, scene, ya know while I go get help for the said receiver of my thirty cent force multiplier. Speaking hypothetically of course.

                        PS I own one and they are nice but the surefire pen is my choice for daily "writing" needs. It doesn't have the end that the benchmade has but could be used plenty effectively and not have the issue that sparked your original question.
                        NUNQUAM NON PARATUS

                        sigpic

                        Comment

                        • #13
                          lazuris
                          Senior Member
                          • Oct 2006
                          • 588

                          Having played with one honestly it sucks. The cap is secured via a snap/o-ring lock that doesn't lock up well and feels like it will come loose. Also its profile is rather agressive that kinda goes both ways in terms of its it a pen or a puncture devise. I perfer this one http://store.mil-tac.com/index.asp?P...TS&Category=38

                          Comment

                          • #14
                            savageevo
                            Senior Member
                            • Oct 2006
                            • 1220

                            Its how you word it if an Leo ask what that is. Any pen can be used as a dirk or dagger. With enough force to the eyeball, Im sure it will permanently hinder the attacker. Its what you describe it to be. Im sure any sane person will not say " Gee officer that pen is my weapon to mame someone"

                            Comment

                            • #15
                              Nose Nuggets
                              Calguns Addict
                              • Apr 2008
                              • 6801

                              Originally posted by Sgt Raven
                              A standard Cross pen can be used as a stabbing instrument.
                              hahaha, suffice to say. but its all in the intent, i could stab you to death with a rusty spoon if i was so inclined. i could do an equal amount of pressure pain or joint manipulation with a thumb.

                              and that, ladies and gents, is why all these laws are so laughable to begin with.


                              "It is to secure our rights that we resort to government at all." -Thomas Jefferson

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