Thread: spring assisted VS switchblade
02-24-2009, 10:09 PM #1
- Join Date
- Dec 2008
spring assisted VS switchblade
Can someone explain what is the diffrence that has a spring assisted knife as being legal and a switchblade as illegal?
having played with both (switchblade at flea-market and spring assited at army surplus store) the only real diffrence seems to be the buttion being converted to a thumb screw or lever on the back. it still is opened by a spring and the ammount of force to use the thumbscrew is equal to or even less than to press the buttion on a switchblade
why is one legal and the other not? thanks
02-24-2009, 10:14 PM #2
It is my understanding that many states outlaw switchblades AND spring-assisted/loaded knives. The best way I can explain it is if the knife has a spring inserted that causes the blade to open faster and/or automatically, it is illegal. Again, it may vary from state to state.I'm 10-8 like a shark in a sea of crime..
02-24-2009, 10:19 PM #3
NYS penal law definition
4. "Switchblade knife" means any knife which has a blade which opens
automatically by hand pressure applied to a button, spring or other
device in the handle of the knife.
5. "Gravity knife" means any knife which has a blade which is released
from the handle or sheath thereof by the force of gravity or the
application of centrifugal force which, when released, is locked in
place by means of a button, spring, lever or other device."Why you harassing me?"
02-24-2009, 10:41 PM #4
I'm not quite sure if banning these knives prevents stabbings. I mean now instead of it taking less than 1 second to whip out a knife, it will take 1 full second.What is Perseverance?
-Perseverance is commitment, hard work, patience, endurance.
-Perseverance is being able to bear difficulties calmly and without complaint.
-PERSEVERANCE IS TRYING AGAIN AND AGAIN.
BOP - BPA - ICE
02-25-2009, 12:46 AM #5
- Join Date
- Dec 2008
yea i kinda agree kansan. sides id tend to belive any real criminal who intends to commit a crime is gonna have knife out and drawn not be like "gimmie your wallet...wait...holdon....*flicks out knife* okay NOW gimmie your wallet"
unless your a one armed gimp i dont exactly see the reason for having either tho im more intrested in what places spring assisted in a diffrent catagory (in certain places) than the actual political motivation behind law's
Anyways, in the places where spring assisted are allowed and switchblades are not. why are the spring assisted allowed?
02-25-2009, 03:04 AM #6
To get the answer you really want you need to speak to lawmakers not law enforcement. Does it make sense to allow one but not the other when they are essentially the same danger? NO. But as I said there are all kinds of laws for no reason but someone in the state legislature was bored thought this would win votes.Where'd you learn that, Cheech? Drug school?
02-26-2009, 10:41 AM #7
Its illegal because the legislature worded it that way to make it illegal. Just as certain firearms (sawed off shotguns) are illegal while regular shotguns are not. The lawmakers have determined in their opinion one is more dangerous than the other......not everyone agrees with that but it is what the law is.
02-27-2009, 12:08 AM #8
- Join Date
- Dec 2003
Maybe we should ban claw hammers also. After all I would assume people have been killed by them."Laws that forbid the carrying of arms. . . disarm only those who are neither inclined nor determined to commit crimes. . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson
02-27-2009, 04:16 PM #9
- Join Date
- Dec 2008
I'm not a lawyer (I don't even play one on TV), but I'm a recovering knife knut and own a few 'assisted opening' knives. I spent some time talking with a high muckity-muck from Buck Knives at the SHOT a couple of years ago, when the assisted openers first started becoming more common. This is how it was explained to me.
The Federal Switchblade Act of 1958 made knives that are opened by depressing a button illegal. This was widely considered a knee-jerk reaction to the growth of motorcycle gangs in the 50's, and the traditional switchblade was one of their weapons of choice.
Assisted opening knives circumvent the law with a legal loophole (hey, if the bad guys can do it in court, why can't we?). When in a closed position, an assisted opening knife has the blade's movement set in motion by the operator. Then the spring takes over and fully opens the knife. Even if that intial movement is only few millimeters, it's still human power that sets the blade in motion.
Age and time may be clouding my memory, but I think this was put to the test a few years ago when one of the larger knife companies (Kershaw, Benchmark, ?) had a shipment of these knives seized by customs in WA. The customs agent decided they were switchblades and a legal battle ensued. I don't know the end result, but the fact that several knife makers now offer assisted opening models leads me to believe the knife company won.
As far as state/local laws goes, that's a patchwork around the country. And that's one of the reasons a lot of the companies still aren't making a lot of models. There really haven't been a lot of legal challenges that I'm aware of, and most companies don't want to invest the time/money/effort to come out with a new line, only to have it be ruled un-sellable in certain areas. Plus, it only takes one bad guy with an assisted opener to create a PR nightmare for a company.
As was stated, it doesn't make a lot of sense, because I can open my Spyderco Delica (non-assisted) just as fast as I can open my Kershaw Leek (assisted). But, as they say, perception is reality...