AUTOMATIC KNIFE QUESTION for L.E.O.

[AR-Ballistic]

As a collector of knives. I know that carrying an AUTO KNIFE is very ILLEGAL here in California and I would never dream of doing something like that. My question is... Am I as a private citizen (NON L.E.) allowed to have them in a collection kept privately in my home NOT and I repeat NOT to ever carry as a concealed weapon? Thanks for any information.

[Unit74]

As a collector of knives. I know that carrying an AUTO KNIFE is very ILLEGAL here in California and I would never dream of doing something like that. My question is... Am I as a private citizen (NON L.E.) allowed to have them in a collection kept privately in my home NOT and I repeat NOT to ever carry as a concealed weapon? Thanks for any information.

I saw some recent case law where an arrest was upheld where the officers there on an unrelated issue. They made the arrest in a private home for a switch blade in a suspect pocket. But if you leave it in the safe I don't think there is a violation.

[AR-Ballistic]

Thanks for the reply but my question is am I allowed to LEGALLY own them as a private citizen kept in my home for collection purposes only. Thanks

I saw some recent case law where an arrest was upheld where the officers there on an unrelated issue. They made the arrest in a private home for a switch blade in a suspect pocket. But if you leave it in the safe I don't think there is a violation.

[SoCalDep]

I don't see any prohibition against ownership in 653k PC. As long as it's not carried on your person you seem good. There may be another section involved, but 653k is the only one I'm familiar.

[SVT-40]

Here is the relevant penal code verbatim. You decide what is "legal".

California Pena 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.

[AR-Ballistic]

I don't read anything in there that prohibits a person to have an automatic knife in their home for collection purposes only. I appreciate all the replies and I am hoping for more L.E. to chime in on this topic. Thanks

Here is the relevant penal code verbatim. You decide what is "legal".

California Pena 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.

[ke6guj]

I don't read anything in there that prohibits a person to have an automatic knife in their home for collection purposes only. I appreciate all the replies and I am hoping for more L.E. to chime in on this topic. Thanks

correct, 653k does not prohibit ownership of automatic knives. It does regulate the carrying of the knife and sales too.

Note that there is no LEO exemption to 653k.

[CnCFunFactory]

You need to consult an attorney not LE if you want to know the legality of the issue. My two cents. YMMV.

[77bawls]

Great, this makes me wonder if I just bought an automatic knife.
Technically it's spring assisted opening. Does that make it okay?

[code33]

On my SOG spring assisted folder, if you don't push the blade past the breaking point where assist takes over, the blade wants to return to the closed position.

Excerpt from 653k:

"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.

Ultimately, do the homework. There could be case law beyond what is in the Penal Code.

Great, this makes me wonder if I just bought an automatic knife.
Technically it's spring assisted opening. Does that make it okay?

[EOD3]

You might also have a look at importation limitations...

[alfalfa]

I believe Unit74 is correct. There is recent case law on this issue that, if I recall correctly, found that possession of a switch blade knife, even in the home, is against the law. I don't remember the case citation, but I believe the matter was detailed in a recent PORAC Legal Update.

alfalfa

[flyer898]

653k knives

I am a prosecutor. I have been wrong before and I will be wrong again. In the 653k cases I have prosecuted there have been a number of knives that were readily available over the counter yet the person was arrested for 653k. I think the knives in question were modified so they were easy to open with a flick of the wrist. Yet all of the spring assisted knives I have seen can be opened the same way.

Not all the knives where people were arrested for 653k were spring assisted. Some of them I could flick open, some the officer could flick open, but no one else could. The public defender could not flick any of them open. I remember a demonstration in chambers with the judge!

When an knife falls within the prohibitions of 653k is a judgement call -- and it can be a difficult judgement call. They are all legal in your home. Use your judgement regarding what you carry. The circumstances that bring you into contact with law enforcement and the judgement of the particular officer will dictate the outcome.

I own knives I am not willing to carry because this is a line that is blurry.

On a related note I have had several law enforcement officers tell me there is an exception that allows them to carry 653k knives. I have not been able to find the statue creating the exception, nor have any of the officers been able to point to a statute creating an exception. What say the rest of you on this issue?

[alfalfa]

[hnoppenberger]

im glad to hear you dont dream of bad things...