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Auto Knifes in CA?

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  • #16
    gngtools
    Vendor/Retailer
    • Aug 2009
    • 1031

    You are totally correct ke6guj. There is no exemption of any kind, on duty or not.
    Greg

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    • #17
      winnre
      Calguns Addict
      • Apr 2010
      • 9214

      Originally posted by gngtools
      You are totally correct ke6guj. There is no exemption of any kind, on duty or not.
      Then what do you say to the knife stores who sell autos to LE and MIL? Oh, and I think if you have one arm you get cut some slack.
      "If Jesus had a gun he would be alive today"-Homer Simpson

      Comment

      • #18
        ke6guj
        Moderator
        CGN Contributor - Lifetime
        • Nov 2003
        • 23725

        Originally posted by winnre
        Then what do you say to the knife stores who sell autos to LE and MIL?
        I'd say that those knife stores are playing with fire unless they can document an exemption to 653k. My guess is that since they are only selling to LE/.mil, that the cops that go there aren't thinking about arresting them for the crime that they are committing. Basically, they are relying on the "Brass Pass by Proxy".

        Oh, and I think if you have one arm you get cut some slack.
        and there is no exemption in 653k for one-armed people either. I know of a one-armed guy who would love to see that exemption documented somewhere. I would love to see that exemption to CA law in print somewhere, perhaps case law.
        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

        • #19
          Notorious
          Veteran Member
          • Sep 2008
          • 4701

          That's bad news indeed. I am sending my knives out of state, after disassemblying them.
          I like guns

          Comment

          • #20
            ke6guj
            Moderator
            CGN Contributor - Lifetime
            • Nov 2003
            • 23725

            Originally posted by Notorious
            That's bad news indeed. I am sending my knives out of state, after disassemblying them.
            now, there really isn't an need to do that. ownership of a switchblade is not illegal, but it is illegal to sell them. It is illegal to carry them on your person. It is not illegal to possess them in your home.


            I guess there is the whole conspiracy to violate the sales ban deal, but what happened in the past is in the past. the active possession of the switchblade in your home is not illegal. Just don't carry it on your person.
            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

            • #21
              TheExpertish
              Veteran Member
              • Jul 2011
              • 3451

              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.
              Yet another stupid and poorly written law. The way the law is written makes them not illegal to sell by a store because stores are not people, but illegal to possess or carry as an individual. Not to mention many legal knives can become illegal after they get "broken in" and opened with many of the wrist flick methods.
              sigpic
              Originally posted by starsnuffer
              It's an HK, I could lube it with sand and superglue and it'd work just fine.

              Comment

              • #22
                cacop
                Member
                • Jan 2006
                • 310

                Originally posted by TheExpertish
                Yet another stupid and poorly written law. The way the law is written makes them not illegal to sell by a store because stores are not people, but illegal to possess or carry as an individual. Not to mention many legal knives can become illegal after they get "broken in" and opened with many of the wrist flick methods.
                Yes it is probably one of the worst written laws out there.

                From what I understand if the knife fairy leaves the knife in your sock drawer it is legal. Otherwise it is pretty much illegal to get it there.

                Comment

                • #23
                  Turo
                  Calguns Addict
                  • May 2009
                  • 5066

                  Originally posted by cacop
                  Yes it is probably one of the worst written laws out there.

                  From what I understand if the knife fairy leaves the knife in your sock drawer it is legal. Otherwise it is pretty much illegal to get it there.
                  Buying the parts and assembling the switchblade yourself is not prohibited. Neither is designing and manufacturing your own.

                  In fact I'm surprised more people don't sell "Switchblade repair kits" to California residents. It'd be a great way to gain lots of new customers.
                  "The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure."
                  -Thomas Jefferson

                  Comment

                  • #24
                    TheExpertish
                    Veteran Member
                    • Jul 2011
                    • 3451

                    Originally posted by Turo
                    Buying the parts and assembling the switchblade yourself is not prohibited. Neither is designing and manufacturing your own.

                    In fact I'm surprised more people don't sell "Switchblade repair kits" to California residents. It'd be a great way to gain lots of new customers.
                    Not sure how that flies. If you've assembled a swtichblade and are in possession, you're in violation. Nothing about the law says it has to be manufactured in china or a corporation.
                    sigpic
                    Originally posted by starsnuffer
                    It's an HK, I could lube it with sand and superglue and it'd work just fine.

                    Comment

                    • #25
                      ke6guj
                      Moderator
                      CGN Contributor - Lifetime
                      • Nov 2003
                      • 23725

                      Originally posted by TheExpertish
                      Not sure how that flies. If you've assembled a swtichblade and are in possession, you're in violation. Nothing about the law says it has to be manufactured in china or a corporation.
                      nothing in the law mentions that manufacturing is prohibited. And possession is only regulated when you "possesses in the passenger's or driver's area of any motor vehicle in any public place or place open to the public, [or] carries upon his or her person".
                      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

                      • #26
                        Turo
                        Calguns Addict
                        • May 2009
                        • 5066

                        Originally posted by TheExpertish
                        Not sure how that flies. If you've assembled a swtichblade and are in possession, you're in violation. Nothing about the law says it has to be manufactured in china or a corporation.
                        Possession is only prohibited in public or the passenger compartment of a motor vehicle. It's not prohibited in your own home.

                        The law doesn't say what people are allowed to do, it prohibits actions. It does not specify where a knife must be manufactured.

                        ETA: ke6 beat me to it.
                        Last edited by Turo; 01-26-2012, 3:19 PM.
                        "The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure."
                        -Thomas Jefferson

                        Comment

                        • #27
                          mej16489
                          Veteran Member
                          • Aug 2008
                          • 2714

                          Originally posted by TheExpertish
                          Not sure how that flies. If you've assembled a swtichblade and are in possession, you're in violation. Nothing about the law says it has to be manufactured in china or a corporation.
                          Simple possession of an auto isn't illegal. Its specific types of possession that can get one in trouble. Possession in public & Possession in the driver/passenger area of a car are illegal.

                          Selling, offering for sale, giving, lending to someone else are also illegal.

                          Note that the above only applies to autos with a blade greater then 2 inches.

                          Comment

                          • #28
                            TheExpertish
                            Veteran Member
                            • Jul 2011
                            • 3451

                            Originally posted by ke6guj
                            nothing in the law mentions that manufacturing is prohibited. And possession is only regulated when you "possesses in the passenger's or driver's area of any motor vehicle in any public place or place open to the public, [or] carries upon his or her person".
                            Originally posted by Turo
                            Possession is only prohibited in public or the passenger compartment of a motor vehicle. It's not prohibited in your own home.

                            The law doesn't say what people are allowed to do, it prohibits actions. It does not specify where a knife must be manufactured.

                            ETA: ke6 beat me to it.
                            I get that, but you're still at square one as far as the law goes. I'm not a knife collector so if I can't carry a knife it's pointless to me. Sorry if I wasn't clear.
                            sigpic
                            Originally posted by starsnuffer
                            It's an HK, I could lube it with sand and superglue and it'd work just fine.

                            Comment

                            • #29
                              Turo
                              Calguns Addict
                              • May 2009
                              • 5066

                              Originally posted by thomashoward
                              You can sell it, he just cannot carry anything over 1 1/2 " PC 653K
                              Collecting is OK they are legal and sell over the counter in Ore.and other places.Just don't get caught carrying it.
                              A Benchmade Axis lock is all the speed I need.
                              and again:
                              If a LEO asks you to open your knife use two hands.
                              Not the time to show off
                              Um, no.

                              You can sell it, he just cannot carry anything over 1 1/2 " PC 653K
                              The law prohibits selling a switchblade knife with a blade longer than 2 inches, not 1.5.

                              If a LEO asks you to open your knife use two hands.
                              If an officer asks you to brandish a weapon in front of them, you politely decline so you don't get shot or at least brought in on a brandishing charge. It's never smart to handle your weapon in the presence of law enforcement. A seemingly non-threatening movement in your mind can easily be interpreted as a threatening movement to someone else, especially an officer who is already questioning you.
                              "The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure."
                              -Thomas Jefferson

                              Comment

                              • #30
                                Notorious
                                Veteran Member
                                • Sep 2008
                                • 4701

                                So you can drive around all day with an auto knife in the trunk?
                                I like guns

                                Comment

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