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Auto Knifes in CA?

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  • Gold Eagle
    Junior Member
    • Aug 2010
    • 5

    Auto Knifes in CA?

    Hello, I have a chance to sell a resident from CA a Auto knife (Paragon Companion non serrated) but I don't know jack about the laws there. I tried search but nothing relevant came up. Any advice please? http://s1179.photobucket.com/albums/...000_029722.jpg
    "One Nation Under Surveillance" @ Javelin Press
  • #2
    mej16489
    Veteran Member
    • Aug 2008
    • 2714

    Presuming its actually an 'auto' and not an 'assisted opening' ...

    21510. Every person who does any of the following with a
    switchblade knife having a blade two or more inches in length is
    guilty of a misdemeanor:
    (a) Possesses the knife in the passenger's or driver's area of any
    motor vehicle in any public place or place open to the public.
    (b) Carries the knife upon the person.
    (c) Sells, offers for sale, exposes for sale, loans, transfers, or
    gives the knife to any other person.

    17235. As used in this part, "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.

    Comment

    • #3
      Gold Eagle
      Junior Member
      • Aug 2010
      • 5

      I guess I won't be selling to CA!!!! Thanks!
      "One Nation Under Surveillance" @ Javelin Press

      Comment

      • #4
        winnre
        Calguns Addict
        • Apr 2010
        • 9214

        I live in CA and legally buy auto knives from dealers, I see no reason why I cannot buy from a private sale, or through the same knife dealer. There are a few exemptions like LEO and MIL.
        "If Jesus had a gun he would be alive today"-Homer Simpson

        Comment

        • #5
          mej16489
          Veteran Member
          • Aug 2008
          • 2714

          Originally posted by winnre
          I live in CA and legally buy auto knives from dealers, I see no reason why I cannot buy from a private sale, or through the same knife dealer. There are a few exemptions like LEO and MIL.
          Technically purchase is legal if you buy it from someone who can legally sell it (suchas an out of state business)

          As I understand it, there are no LEO/Firefighter exemptions (although there are MANY of both professions who carry them illegally if that's true) I don't have a clue about all MIL exemptions.

          Comment

          • #6
            mej16489
            Veteran Member
            • Aug 2008
            • 2714

            Originally posted by Gold Eagle
            I guess I won't be selling to CA!!!! Thanks!
            ...why not? You're not subject to the CA Penal Code if you're in PA, the buyer is.

            Comment

            • #7
              winnre
              Calguns Addict
              • Apr 2010
              • 9214

              Originally posted by mej16489
              Technically purchase is legal if you buy it from someone who can legally sell it (suchas an out of state business)

              As I understand it, there are no LEO/Firefighter exemptions (although there are MANY of both professions who carry them illegally if that's true) I don't have a clue about all MIL exemptions.
              Yes I can buy from Benchmade directly, they have my military ID on file. The knife shop I use will sell to police and military. I know Fire can possess but I am not familiar with the purchase method.

              Oh well, nice shot!
              "If Jesus had a gun he would be alive today"-Homer Simpson

              Comment

              • #8
                ke6guj
                Moderator
                CGN Contributor - Lifetime
                • Nov 2003
                • 23725

                Originally posted by winnre
                I live in CA and legally buy auto knives from dealers, I see no reason why I cannot buy from a private sale, or through the same knife dealer. There are a few exemptions like LEO and MIL.
                there are no LEO/.mil exemptions to CA's switchblade law. How are they legally selling it to you, or even possessing it for sale in the first place (not talking about <2" blades)?


                and there is no Fire exemption either.
                Last edited by ke6guj; 01-25-2012, 5:36 PM.
                Jack



                Do you want an AOW or C&R SBS/SBR in CA?

                No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                Comment

                • #9
                  Wolfie_AR
                  Member
                  • Jun 2011
                  • 313

                  There are LEO/.mil exemptions in Cali. On base with proper ID you can get whatever auto opener they stock at the MCX.
                  "In the end people ARE AS THEY CHOOSE TO BE. It is no one else's fault but theirs. Just because you don't like the choices available does not abdicate the inherent responsibility for your choices." - meaty-btz

                  Comment

                  • #10
                    ke6guj
                    Moderator
                    CGN Contributor - Lifetime
                    • Nov 2003
                    • 23725

                    Originally posted by Wolfie_AR
                    There are LEO/.mil exemptions in Cali. On base with proper ID you can get whatever auto opener they stock at the MCX.
                    where is this exemption you speak of?

                    Now, while on base, you aren't really under CA jurisdiction, so I can see the exchange selling autos, but once you step off base, you are subject to CA law, and there is no stated .mil exemption to CA's switchblade laws.

                    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.
                    Jack



                    Do you want an AOW or C&R SBS/SBR in CA?

                    No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                    Comment

                    • #11
                      winnre
                      Calguns Addict
                      • Apr 2010
                      • 9214

                      This has been posted sooooo many times.
                      "If Jesus had a gun he would be alive today"-Homer Simpson

                      Comment

                      • #12
                        ke6guj
                        Moderator
                        CGN Contributor - Lifetime
                        • Nov 2003
                        • 23725

                        right, it has been posted so many times that there is no LEO/FD/.mil exemption to CA's switchblade laws, and no exemption for CA knife dealers to sell to those people. Nobody that claims that there is such an exemption to CA's switchblade laws has been able to document it.
                        Jack



                        Do you want an AOW or C&R SBS/SBR in CA?

                        No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                        Comment

                        • #13
                          emtnsocali
                          Senior Member
                          • Jun 2009
                          • 684

                          whether its legit or not......i know that galls will sell auto knives to mil, leo, fire and ems.......im a firefighter but never tested them. i have heard that unless you are any of the mentioned and (on duty) you can get hit with having a switchblade. the law is up to leo interpetation. me...i just go with a spyderco endura. its fast and keeps me outta trouble. i know of compadres that roll with them. if your selling it id be fine....as for buying thats where you have to be careful. i say do it, burden is on the buyer
                          si vis pacem para bellvm

                          Comment

                          • #14
                            Notorious
                            Veteran Member
                            • Sep 2008
                            • 4695

                            Pretty much every in-state LE store that has autos will sell to CA LEO/MIL with ID. I know, I have bought a few. Botach, Quartermaster, Galls, etc.
                            I like guns

                            Comment

                            • #15
                              ke6guj
                              Moderator
                              CGN Contributor - Lifetime
                              • Nov 2003
                              • 23725

                              still trying to find the exemption to 653k that allows CA knife dealers to sell to LEO/.mil. Nobody has been able to show it. I presume that they are just relying on the fact that most LEOs wouldn't arrest them for breaking the law since they "only break the law to sell to LEOs". Basically it appears that LEOs are looking the other way since they benefit from it.
                              Jack



                              Do you want an AOW or C&R SBS/SBR in CA?

                              No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                              Comment

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