Automatic knives LEO exemption

[mirage2887]

[Bigdawg90]

To the best of my knowledge, there is no such exemption. For many LEOs its one of those “better to be judged by 12 than carried by 6” decisions. When you have a great likely hood of being in a fight for your life, it can sense to some. With the new concealable, belt mounted knives, I don’t see much benefit to an auto knife, especially considering the scrutiny we would undoubtedly face if we were forced to deploy and auto knife. It’s just like some modifications to firearms.

[Spyder]

I am pretty sure there is no exemption for LEO to carry them, but I've been wrong before.

[iDog]

I have heard Officers cite 12002(a). Not a lawyer but know tons of cops that tell themselves this to justify buying benchmade infidel autos

[003]

As stated above, there is no exemption for LEO's in California.

Under 2 inches is ok.


Under Penal Code 21510 PC, California law makes it a crime to carry, possess in public, sell or give away a switchblade. Penal Code 17235 PC defines a switchblade as a pocketknife with a blade of 2 or more inches that can be released by a flick of a button, pressure on the handle, flip of the wrist or another mechanical device.

Specifically, if a switchblade has a blade two inches or more in length, it is a crime to:

Possess the knife in the passenger’s or driver’s area of any motor vehicle in any public place or place open to the public,
Carry the switchblade upon your person, or
Sell, offer or expose for sale, or loan, transfer, or give the knife to anyone else.1
Violation of California’s switchblade laws is a misdemeanor offense, punishable by either:

Probation, and/or
up to six months in county jail and/or a fine of up to $1,000.

[RickD427]

I have heard Officers cite 12002(a). Not a lawyer but know tons of cops that tell themselves this to justify buying benchmade infidel autos

There is no section 12002(a) in the California Penal Code.

Former section 12002(a) (which existed prior to 2012) provided:

"Nothing in this chapter prohibits police officers, special police officers, peace officers, or law enforcement officers from carrying any wooden club, baton, or any equipment authorized for the enforcement of law or ordinance in any city or county"

Please note that for this section to have permitted LEOs to carry switchblade knifes with blades over 2" there would have to be a separate source of authorization for the carry.

[Librarian]

12002(a) is now 17515

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=17515.&highlight=true&keyword=equipment%20authorized%20for%20the%20enforcement

[Number Six]

Dirty Harry don't care.

https://youtu.be/KpdWUOTldCQ

[pacrat]

Us LEOs would fall under the "(3) the Armed Forces or any member or employee thereof acting in the performance of his duty;" I would think.

Armed Forces?

[hermosabeach]

from what librarian posted- Does the Department policy authorize Switchblades on duty and or off duty

Written Policy

Penal Code - PEN
PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34370] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. )
TITLE 2. WEAPONS GENERALLY [17500 - 19405] ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. )
DIVISION 1. MISCELLANEOUS RULES RELATING TO WEAPONS GENERALLY [17500 - 17515] ( Division 1 added by Stats. 2010, Ch. 711, Sec. 6. )
17515.
Nothing in any provision listed in Section 16580 prohibits a police officer, special police officer, peace officer, or law enforcement officer from carrying any equipment authorized for the enforcement of law or ordinance in any city or county.

(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

[Tree Cutter]

There is no section 12002(a) in the California Penal Code.

Former section 12002(a) (which existed prior to 2012) provided:

"Nothing in this chapter prohibits police officers, special police officers, peace officers, or law enforcement officers from carrying any wooden club, baton, or any equipment authorized for the enforcement of law or ordinance in any city or county"

Please note that for this section to have permitted LEOs to carry switchblade knifes with blades over 2" there would have to be a separate source of authorization for the carry.

Like if your agency issues you one for duty use.

[RickD427]

Like if your agency issues you one for duty use.

I think that would work. The statute uses the term "authorized" to indicate that some authority must permit the carrying, but the statute is silent as to who can provide such authorization.

It would be hard to argue that the employing agency could not provide such authorization.

At the same time, it would be kinda hard to argue that an individual officer could authorize themselves to carry since that would render the language meaningless.

[M1NM]

As stated above, there is no exemption for LEO's in California..

This. The "armed forces" in Federal law ONLY refers to the Army, Navy, Marines, Air Force, Coast Guard and probably the Space Force.

Federal laws also apply: BUT..... if you look at #4 any city, county, state employee can buy and have it shipped to your house.

Federal shipping laws make them pretty simple to get if you are a public employee of any type. Most of the sellers will have you fill out and online form and then ship directly to you.

Federal law prohibits shipment of automatic knives across state lines, with the following exceptions:

1. to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government;

2. an active Armed Forces member or employee acting in the performance of his or her duty;

3. to supply or procurement officers of the National Guard, the Air national Guard, or militia of a State, Territory or the District of Columbia ordering, procuring, or purchasing such knives in the connection with the activities of such organization;

4. to supply or procurement officers or employees of the municipal government of the District of Columbia or the government of a State or Territory, or any county, city or the other political subdivision of a State or Territory;

5. to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant of an order from any person designated in paragraphs 1, 2, 3, and 4.

[Tree Cutter]

I think that would work. The statute uses the term "authorized" to indicate that some authority must permit the carrying, but the statute is silent as to who can provide such authorization.

It would be hard to argue that the employing agency could not provide such authorization.

At the same time, it would be kinda hard to argue that an individual officer could authorize themselves to carry since that would render the language meaningless.

I agree with this 100%.

OP. I think this is something that you will have to ask your agency about. I'm a firm believer that if it's not issued to you by your agency, written in policy, or on an authorized equipment list (I'm sure your agency has one), I wouldn't just go out and buy to use. I wouldn't want days on the beach for something stupid like violating policy by using an auto knife. In my opinion, there is nothing an auto knife can do that an assisted opening knife like a Kershaw or whatever couldn't.

[gorn5150]

12002(a) with department authorization covered switchblades and sap gloves.