California and owning automatic (not carrying)

X

X in 415

Joined
Feb 17, 2010
Messages
91
Hello,
I know the law states that you can carry an automatic if the blade is less than 2 inches. Thus, my Pro Tech Runt goes with me everywhere. Great knife for a daily blade. However, I am confused by the legal talk that I get from shops, web sites and the useless government sites.

Long story short, I want the Pro Tech Tactical response TR-1.1. The guys I bought my knife from told me you can own auto's that are longer than 2", you just cant carry them. Anyone have the real poop? Federal law vs. State law is confusing me. Thanks in advance, X
 
Federal law only regulates sale over state lines and importation from other countries.

Relevant California law is 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.
Click to expand...

So, it would appear you are correct: ownership is legal, and carry is not. However the sabot in the gears would be that it is also illegal to sell or give autos over 2 inches. Combined with the federal law, this would make legally buying one while still inside the state impossible. You would have to travel out of state to buy and bring it back.
 
It does not say you can not BUY it, you just can't sell it if you have one.

You can buy it from out of state and have it shipped.
 
samuel5090 said:
It does not say you can not BUY it, you just can't sell it if you have one.

You can buy it from out of state and have it shipped.
Click to expand...

Well, yes, but the seller has to be willing to risk being prosecuted. Not likely, but possible. If you find a seller so willing, hey I won't tell if you won't.

Regarding interstate, again technically it is the seller and not the buyer who would face prosecution. Not saying the federal law cannot be applied to the buyer too (word and spirit of the law says no, jerk US attorney might say yes), but I have yet to see it happen. It's usually always the seller that gets prosecuted.
 
carspidey said:
so what about carrying a fixed blade when going hiking and camping in california?
Click to expand...

Well first, please avoid hijacking unrelated threads in the future and just start a new one.

Second, by state law carrying a fixed blade openly in a belt sheath is legal with the exception of certain areas like LA county.
 
You must log in or register to reply here.
Back
Top