The beginning of this bill says it is promoted by the AKAT. Now I am really confused.
COMMENTS :
1)Author's Statement : According to the author, "I am carrying
SB 274 on behalf of the American Knife and Tool Institute and
the California District Attorneys Association (CDAA). My bill
is a clean-up measure to legislation enacted in 1996.
"The purpose of SB 274 is to address prosecutorial concerns
about the current switchblade statute, which has been
interpreted by several trial courts to provide a blanket
exemption for all one-handed folding knives. This was not the
intent of the 1996 legislation.
"My bill would only allow knives to fall under the exemption
from the switchblade law if the knife contains a detent or
similar mechanism to ensure there is a measure of resistance
that prevents the knife from being easily opened with a flick
of the wrist.
2)Need for This Bill : CDAA (co-sponsors of this bill) notes,
"In 1996, the Legislature amended Penal Code Section 653k to
create an exemption to the switchblade knife law for knives
designed to open with one hand utilizing thumb pressure
applied solely to the blade of the knife or a thumb stud
attached to the blade. The intent of this provision was to
cover knives widely used by law enforcement and sports persons
for lawful purposes.
"Unfortunately, the 1996 amendments created an unintended
loophole for criminals to carry dangerous weapons. After
passage of the new law, law enforcement began finding imported
knives possessed by criminals which appeared to meet the
technical language of the exemption; namely switchblade knifes
equipped with thumb studs which served no real purpose. As a
result, law enforcement or the courts have been compelled to
return these dangerous weapons.
"SB 274 would close this unintended loophole. The legislation
would clarify the Legislature's intent by further defining the
exemption to require that the knife must have 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.' This provision would ensure that knives
that are functionally switchblades remain in violation of
SB 274 Page 3
Penal Code Section 653k.