Can Spyderco knife be considered switchblade?

[Rusty]

I am a proud owner of Endura and Police Model. But I am afraid that I can get in trouble with either knife here, in California. Switchblades with blade over 2 inches are illegal and can get you in A LOT of trouble even if you have them in a glove compartment of your car. According to California penal code (I quote from here on)



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.



Now, what in a world am I supposed to say to Police Officer if he claims that my knive is a switchblade since it can easily be opened with a "flip of the wrist"?

[aero_student]

Spyderco and many others fall into somewhat of a grey area. It also depends upon your personality and appearance and the way you talk to the officer and the context of the situation. I would ask a local officer.

[Rusty]

I think I might have figured it out... In the same section it states:

"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.

It does sound rather "grey area" like...

[chinook]

Just about any folding knife can be adjusted to where you can fling the blade open, if one uses enuff speed and force.

If the officer does it to yours, ask him please not to, as you don't want the undue wear and tear on your knife. Tell him its a tool, not a toy.

Might work. ><g>

Disguised as a responsible adult.

[Carlos]

Hi Rusty,

Welcome to the Spyderco Forum.

[gadfly]

Spyderco tests against a standard that requires the blade exceeds a minimum amount of force to open the knife, precluding it from being a "Gravity" knife.

Chinook gives you good advice when he points out the excessive wear on the blade when it gets flicked out

One way or the other, you pay for your tools!

[Sword and Shield]

Hi Rusty! Welcome to Spyderland! <img src="smile.gif" width=15 height=15 align=middle>

As for Spydies, they are not considered switchblades due to the need for a reasonable amount of dexterity to open one-handed.

Another reason is that traditionally, switchblades do not require contact with the blade to open. Since a Spydie requires this, they are not switchblades.

A bias towards the closed postion is also present, which counts as the &quot;detent&quot; mentioned in the statute.

As always, don't take solely the word of forumites on this. Take your knives in and have a police officer inspect them and inform you what conforms to the law. This will save a large amount of trouble in the long run.

Keepin' it real...real sharp, that is.

Edited by - Sword and Shield on 1/4/2002 7:13:35 PM

[ruxton]

welcome to the forum rusty.
its alot easier to flick open a knife with a liner lock (i think) i would do it on my military but its so fragile the blade will probably fly off and impale someone <img src="tongue.gif" width=15 height=15 align=middle> but i wouldn't have thought anyone would consider a normal spydie to be a switchblade
MAT

[liko]

Spyderco knives are fast-opening lockbacks, similar legally to those with a bezel ring, post, or thumb pad on the blade. They are not push-button automatic (what most people think of when switchblade is mentioned). At most, it could be called a flick knife (a knife that is easily opened with a flick of the wrist, finger, or thumb). It can be opened reverse-drop style, but many others can as well. I agree that you should take any knives in question to an authority (a defense lawyer would probably be a better idea than walking armed into a police station, if you can get the lawyer's time cheap or free) and have them inspected for conformity to local law.

Here in Texas, almost any weapon is legal under State law except for assembled fully automatic knives (spring-loaded or gravity knives), fully-automatic foreign-made assault rifles (a semi-auto Kalashnikov is OK, a fully automatic one is not, most all submachine guns are permitted with a special license, as are Colt M16s and M4s, but Steyr AUG's are not), or incindiary, concussion (flashbang), fragmentation, or compression-wave detonating devices (what a state!). Possession of a disassembled or unassembled automatic knife kit is legal as long as the kit is not designed to be quickly assembled or diassembled. City and campus laws and regulations are more restrictive. All three of my Spydies are against campus regulations, but it's not an issue unless I am in possession of them while violating more strictly enforced regulations. I've carried them into classes, used them in my government job on campus, but never made a big deal of them.

Edited by - liko on 1/31/2002 10:19:38 PM

[darkjedi458]

one thing thats crossed my mind more then once is could a spydie be CONVERTED to automatic...like buck 110's and boker top locks. interesting thought. id love to have an auto endura or native.

" we chased our pleasures here...dug our treasures there...can you still recall how we cried...break on through to the other side" - the doors

[sam the man..]

nah, I doubt that a single handed opening knife is considered a switch blade.. Anyway, there are no firing mechanisms on any of the Spyderco knives.. Speaking of legality, its alway best to check with your local authority.. I gather that autos, flickknives or switchblades are considered offensive in many countries.. <img src="sad.gif" width=15 height=15 align=middle> Oh yeah, welcome aboard the forums dude! <img src="smile.gif" width=15 height=15 align=middle>

Sam

have spydies will travel

[AllenETreat]

Dear Rusty ;
Most laws regarding &quot;deadly
weapons&quot; ( or for this example switchblades )
are defined thus : &quot;...Any blade which
is released from the handle by force
of spring, gravity, inertia ( or both )&quot;
Sadly, the folks at Kershaw have aleady
faced problems with Washington state
by the catch phrase &quot;..or any other mechanical device..&quot; rendering &quot;speed safe&quot;
technology into this catagory. I myself
carry the C 29BK &quot;Cricket&quot;, as the blade
length ( 1 1/2&quot; ) doesn't offend or excite
people as much. If you use your knife
for self defense, ANY blade ( especially
with serrartions ) will do a &quot;bang up&quot;
job on the assailant. Luckily we, as
knifeowners now have the AKTI to help
control such &quot;frivolous&quot; laws. About the
ONLY thing a cop may charge you with
is a CDW ( Carrying a Deadly Weapon ), but
the chance of that is unlikely.
We do, after all, have a Constitution to
protect us !

ATE

[AllenETreat]

Dear Rusty :

Addendum to my previous post : I doubt if
ANY competent judge or cop will refer
to a hole as a &quot;mechanism&quot;.

ATE ( alias A.E.T. )

[gunandtackle]

concealed carry laws are strange i have a concealed carry permit in pa so i can carry my glock 19 w/ 16 rounds in it but i cant carry any of my bm autos or my dalton. tell me that makes sense. i really dont see how a spydie or a bali can be considered automatic (but i do agree w/ dark jedi an auto endura would be cool) i truly feel for you guys in the commie republic of california.

john

Edited by - gunandtackle on 2/6/2002 9:45:44 AM

[jaxon]

ATE,

Talk about an oxymoron.
'Competent judge or cop'<img src="wink.gif" width=15 height=15 align=middle>.
Thought from the Peoples Republic of California.

Jaxon

"One of these days I'm going to cut you into little pieces!!!" Pink Floyd

[AllenETreat]

Dear Jaxon :

Sad but true ; regards cops &amp; judges &amp;
Peoples Republic of California.

ATE ( alias A.E.T. )

[Rger No. 1]

Gunandtackle--John- what do you mean by &quot;my bm autos or my dalton&quot;? Thanks.

Rger No. 1