california and emersons

B

blade dude

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Nov 8, 2015
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so the emerson wave opens as it is pulled out of pocket and i got to thinking that i remember you cant carry a concealed ready stabbing weapon such as fixed blades and daggers and scissors etc... so wouldnt that mean the waved knives are "readily availible stabbing weapon" as they are open as they come out of pocket? "(24) As used in this section, a "dirk" or "dagger" means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 653k, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. [Ed. note: so if it's a PC653k-legal knife, and it's carried concealed while folded, it's not "readily available" and therefore doesn't meet the "dirk or dagger definition". ONLY "dirks or daggers" need to be open-carry.]" this is the paragraph that got me thinking that because it doesnt require force to have it open out of pocket. i think it would be confusing because that says only if it is in open position but the wave that opens on its way out could seem that way to many because it is open when you pull it out meaning no proof of if it was locked open in pocket or closed in pocket. because of this i decided against a waved knife for the time being but was curious how this is to be interpreted
 
I have no clue about CA laws.

The Emerson wave does require force. The force is pulling your knife out. The wave then catches the seam of your pocket and uses the force of motion to open the blade.
They are folding knives, not dirks or daggers. Unless it is an Emerson fixed blade. ;)

Emerson is actually located in CA. They have the CQC 14 which has a full sized handle and a blade shorter than 3in for places with restrictions. The Micro Commander and Mini CQC 7 come in under 3in also.

If someone is foolish to believe that you are walking around with an open folding knife in your pocket, well then I have a bridge to sell them.
 
A gentleman in practical to tactical is very educated in CA laws, I believe. I think his name is killgar.
 
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benchwarmer380 said:
I have no clue about CA laws.

The Emerson wave does require force. The force is pulling your knife out. The wave then catches the seam of your pocket and uses the force of motion to open the blade.
They are folding knives, not dirks or daggers. Unless it is an Emerson fixed blade. ;)

Emerson is actually located in CA. They have the CQC 14 which has a full sized handle and a blade shorter than 3in for places with restrictions. The Micro Commander and Mini CQC 7 come in under 3in also.

If someone is foolish to believe that you are walking around with an open folding knife in your pocket, well then I have a bridge to sell them.
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well i was wondering because all knives require the force of pulling out of pocket to have out of pocket. it just came to my mind in middle of night so i made this post in morning. and the fact that law states you cant have open folding knife in pocket means someone did at one time.
 
Krav said:
A gentleman in practical to tactical is very educated in CA laws, I believe. I think his name is killgar.
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Thanks for the endorsement ;).

As for the OP's question, waved folders are NOT illegal under California state law, and I have never seen or heard of any local laws within this state that defines them as illegal.

As for state law, here is a link to California penal code 16470, the definition of "dirk" and "dagger"- http://leginfo.legislature.ca.gov/f...ctionNum=16470.&highlight=true&keyword=dagger

Notice how that statute, in defining folding knives as a "dirk" or "dagger", refers to folding knives in the following manner- "only if the blade of the knife is exposed and locked into position." That does not apply to a knife that can be opened by hooking the blade onto ones pants when pulling the knife out of ones pocket.

Under the definition of CA pc 16470, and under CA pc 21310, a waved folder is only illegal if you are carrying it CONCEALED with the blade ALREADY open and locked in the open position.

And here is a link to California penal code 21310- http://leginfo.legislature.ca.gov/f...ctionNum=21310.&highlight=true&keyword=dagger

And by the statute numbers you are referring to it appears that you are using an outdated version of the California penal code. The CA penal code was revised a few years back and the statutes were given new numbers. The links I provided are from the updated and revised penal code on the state of California's official government website.

Of course, as always, when in doubt about the law, consult an attorney.

And here's a word of advice that should be both obvious and unnecessary- if a cop ever stops you for any reason and asks if you have any knives or weapons on you, or if they instruct you to remove your knife from your pocket, do not open it (catch the wave hook on your pants) when you pull it out. Not because waved folders are illegal (because they are not) but because you NEVER want to open ANY knife in the presence of a police officer. In other words- don't go demonstrating the wave opening for the officer.
 
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killgar said:
Thanks for the endorsement ;).

As for the OP's question, waved folders are NOT illegal under California state law, and I have never seen or heard of any local laws within this state that defines them as illegal.

As for state law, here is a link to California penal code 16470, the definition of "dirk" and "dagger"- http://leginfo.legislature.ca.gov/f...N§ionNum=16470.&highlight=true&keyword=dagger

Notice how that statute, in defining folding knives as a "dirk" or "dagger", refers to folding knives in the following manner- "only if the blade of the knife is exposed and locked into position." That does not apply to a knife that can be opened by hooking the blade onto ones pants when pulling the knife out of ones pocket.

Under the definition of CA pc 16470, and under CA pc 21310, a waved folder is only illegal if you are carrying it CONCEALED with the blade ALREADY open and locked in the open position.

And here is a link to California penal code 21310- http://leginfo.legislature.ca.gov/f...N§ionNum=21310.&highlight=true&keyword=dagger

And by the statute numbers you are referring to it appears that you are using an outdated version of the California penal code. The CA penal code was revised a few years back and the statutes were given new numbers. The links I provided are from the updated and revised penal code on the state of California's official government website.

Of course, as always, when in doubt about the law, consult an attorney.

And here's a word of advice that should be both obvious and unnecessary- if a cop ever stops you for any reason and asks if you have any knives or weapons on you, or if they instruct you to remove your knife from your pocket, do not open it (catch the wave hook on your pants) when you pull it out. Not because waved folders are illegal (because they are not) but because you NEVER want to open ANY knife in the presence of a police officer. In other words- don't go demonstrating the wave opening for the officer.
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okay thanks it was a thought that came to mind and i was like "now i wonder how that would qualify"
 
There are states, or cities within other states, whose knife laws are far more restrictive than CA's.

Jim
 
James Y said:
There are states, or cities within other states, whose knife laws are far more restrictive than CA's.

Jim
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I love the knife laws here. I regularly conceal carry a pair of CS Rajah 2 folders.
 
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