View Full Version : Would you cite/arrest..
LongRange
09-07-2007, 05:15 PM
California officers: Would you cite/arrest a fella for carrying a small switchblade 1.7 inches in length?
Blackdog F4i
09-07-2007, 05:26 PM
IIRC in Cali switchblades under 1.9" in length are legal.
California Penal Code 653k
Blackavar
09-07-2007, 06:20 PM
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.
cashton
09-07-2007, 06:22 PM
In WV I believe any automatic opening knife is an illegal weapon. Might cite depending on attitude and take the knife and add it to my collection.
California officers: Would you cite/arrest a fella for carrying a small switchblade 1.7 inches in length?
I would not because it is not illegal as mentioned above. There has to be more to this but I will leave it at that for now:D
LongRange
09-07-2007, 07:16 PM
Yes, there is something else to this:
I carry a 1.7 inch Pro-tech auto and have had multiple LEO's tell me that it is an illegal knife. It seems that the LEO's in my area are under the impression that any automatic knife is illegal. I wanted to see if officers in other areas were aware of the 1.99 inch rule.
Dinosaur32
09-07-2007, 09:00 PM
In NY possesing any knife that opens automatically is a crime.
VACOP1
09-07-2007, 11:01 PM
Dino,
A switchblade knive is one of the 9 deadly weapons in NY....
making like Dino said a crime
12. "Deadly weapon" means any loaded weapon from which a shot, readily
capable of producing death or other serious physical injury, may be
discharged, or a switchblade knife, gravity knife, pilum ballistic
knife, metal knuckle knife, dagger, billy, blackjack, or metal knuckles.
Dinosaur32
09-08-2007, 08:25 AM
The NYC Administrative Code has, I do believe the section is still on the books, a section that made possession of a knife, with a blade 4" or greater, that could be openned with one hand illegal to carry in NYC. We did get collect a nice sample of fine blades that way.
JonMcD1980
09-08-2007, 02:32 PM
Dino, Have you guys been confiscating or arresting people for Kershaw and other type knifes that people can buy at any WalMart even here in NY? It seems like Walmart should pull them from their NY stores since they are illegal to possess as they can be opened with one hand. I believe that Kershaw even had a slogan "The LEGAL switchblade"
Blackdog F4i
09-08-2007, 03:16 PM
It is a midemeanor in Indiana no matter what the blade length is.
It is also rarely enforced unless you are being a moron. ;)
Dinosaur32
09-08-2007, 09:01 PM
We get a large selection at the courthouse entrances......choice is surrender or demand its return then get summons................
Blackdog F4i
09-09-2007, 09:25 AM
It confuses me a bit because Indiana State Law states that it is illegal to possess or sell a "switchblade". However every gun show I have ever been to in this state has "that guy" with a table full of cheap switchblades. Of course the dirtbags I deal with give be the same excuse...."but I bought it at the Gunshow, flea-market, etc." and they assume that makes it legal.
I even had a "discussion" with one of these Gunshow Dealers (of course I didn't tell him I was a LEO). He told be the State Police told him it was OK, which through further conversation I found out that ONE trooper had told him that it was a law that was rarely enforced (big difference).
IMHO it's a law that needs to be removed from our books. I am a fan of quite a few of the offerings from Benchmade and Microtech.
SgtScott31
09-09-2007, 11:22 AM
TN - automatic knives (such as switchblades) are illegal no matter the blade length. Standard knives with blade lengths 4" or more are illegal to carry.
mose1616
11-26-2007, 12:29 PM
it sucks benchmade is assembled in Taiwan now.
follow up question, is this the law with butterfly knifes as well? i was thinking about getting myself one for xmas but i'm not sure.
Sleuth
11-26-2007, 12:38 PM
A side note: it is illegal to import a switchblade knife unless:
You are in the U.S. military AND it is issued to you, or
You only have one hand.
Look up the Federal switchblade knife act. Rarely enforced, but I think it is still on the books.
I am not a Ca. officer, but switch blades are also illegal in the state I work in. I would not arrest or cite on a switchblade offense if that was the only thing going on with the person or stop. However,I have used it as a tool for other things, like gaining access inside the a vehicle ect. Reasons? First off I think it is a stupid law. Second, it is my discretion. I will not get to concerned over that violation, it is silly IMO. That is one of the the nice things about this job- officer discretion.
it sucks benchmade is assembled in Taiwan now.
follow up question, is this the law with butterfly knifes as well? i was thinking about getting myself one for xmas but i'm not sure.
California Penal 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
Illegal if over 2"
grog18b
11-26-2007, 06:59 PM
IMHO it's a law that needs to be removed from our books.
+1. If someone is going to use a knife to stab someone else, does it really matter HOW the blade comes out??? A very stupid piece of legislation, nationwide.
Cutter6300
11-26-2007, 08:38 PM
Up here it is knifes w/ blade 3" or longer are illegal. It should be noted that the blade length does not mean only the sharpened edge but the length from the point of the knife to farthest point where the blade touches the handle. Also any automatic opening knife is illegal as well as any/all martial art style weapons...
Bully
11-27-2007, 07:01 PM
If the blade locks open 626.10 PC will make it a felony in California to have on school grounds or the sidewalk surrounding the school. If the guy admits that it is for self defense you can arrest for 12020 PC.
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