does the law distinguish "plastic" knives in any way?

[SkinnyJoe]

Is, for instance, the Cold Steel Delta Dart any more of a restricted item to carry than a metal knife?

Thanks.

 

[MORIMOTOM]

per california law, i see nothing that defines a knife as being made of metal.

 

[SkinnyJoe]

I seem to remember something about a small metal ring attached to said knife as a legal requirement. Maybe just CS marketing..

 

[Argyll]

There is a California law regarding plastic knives, but its not in the same part of the Penal Code as the other knife laws, and I can't recall exactly what it says. I'm sure its been posted here before, but I don't have search privileges. Perhaps someone else can locate it?

Best regards,

Argyll

 

[MORIMOTOM]

There is a California law regarding plastic knives, but its not in the same part of the Penal Code as the other knife laws, and I can't recall exactly what it says. I'm sure its been posted here before, but I don't have search privileges. Perhaps someone else can locate it?

Best regards,

Argyll

good memory, i found it.

pc 12001.1 Manufacture or importation of undetectable knives.

basically any knife that is not detectable by a metal detector is illegal to manufacture, import, or sell.

the section does not mention simple possession as illegal.

 

[Esav Benyamin]

I'm sure its been posted here before, but I don't have search privileges. Perhaps someone else can locate it?

As of 3-12-2008, Spark posted this at the head of each forum:
Announcement: Searching back up for all users

 

[R.W.Clark]

Correct, 12001.1 only deals with manufacturing. To the best of my knowledge they are legal to own and carry in the state.

 

[Jack Black]

I seem to remember something about a small metal ring attached to said knife as a legal requirement. Maybe just CS marketing..

That's certainly the case in UK law. Without the metal ring the knife would be classed as a prohibited weapon as it wouldn't show up on a metal detector.

 

[Lurker]

If it were detected at a security checkpoint, it may be considered to have been "artfully concealed" (which implies an intent to circumvent the security measures) and which makes it more of a crime.

 

[SteveK]

Am I missing something here? Go ahead and explain to a judge (or to your father) some reasons why you, as a civilian walking around in the Lower 48, would need to carry a black, plastic knife. Perhaps it is because of the fine slicing attributes of plastic.

The plastic knives are mostly "push" weapons and I can't think of a legitimate reason to carry one. My very uneducated guess is that it will be considered a concealed weapon in most states.

 

[MORIMOTOM]

Am I missing something here? Go ahead and explain to a judge (or to your father) some reasons why you, as a civilian walking around in the Lower 48, would need to carry a black, plastic knife. Perhaps it is because of the fine slicing attributes of plastic.

The plastic knives are mostly "push" weapons and I can't think of a legitimate reason to carry one. My very uneducated guess is that it will be considered a concealed weapon in most states.

i wasnt trying to justify their existence, only define the item per ca law.


depending on other cirucumstances, it may be illegal.

 

[SteveK]

MORIMOTOM: I didn't mean any criticism of your posts. I thought all of your posts in this thread were dead-on correct. I especially liked your comment that the Calif. penal code doesn't limit the definition of a knife to being something made of metal.

I'll try to be clearer. A few states look at the circumstances surrounding a weapons charge (I don't know whether this is true in California; it's certainly NOT true in D.C., for example.). Assume a local law limits a folding knife's blade length to 3 inches. A handyman is using a Buck 110 while working outside. He is spotted and arrested for illegal possession of a knife more than 3 inches. Should a court convict him if he has a practical, lawful purpose for using a longer knife? Or what about a boy scout who boards a bus carrying a hunting knife in his backpack so that he can give a knife sharpening demonstration at a scout meeting. Is that the sort of activity that the code was intended to deter?

My point is this: context can be important. Putting aside "zero tolerance" laws such as carrying any sort of knife for any reason on public school property---what possible practical explanation could I have for carrying a black knife anywhere? And if I were smart enough to think of an answer, would anyone believe me?

 

[MORIMOTOM]

thx, i wasnt sure to whom that was directed.


most "weapons" laws have exemptions for lawful use.

626.10 of the ca penal code, which prohibits locking blade knives and various other items on school campuses, has such an exemption.

i believe the boy scout example would also fall under this exemption, provided a legal guardian was aware of the activity and it had been approved with school admin (if the demonstration was to take place in a school).

it would be difficult to argue that the color of the blade, in particular black, was a necessary trait of the knife for a lawful use. i dont think in and of itself, the color would be necessary to explain. even if questioned, my response would be "who cares? some knives are polished, some are black, some are a combination."

but i see your point, one could easily talk themselves in to a corner.

 

[SteveK]

M: By "black knife," I was referring to the plastic "spy" knives designed to evade metal detectors, not blade color. -SK

 

[MORIMOTOM]

M: By "black knife," I was referring to the plastic "spy" knives designed to evade metal detectors, not blade color. -SK

gotcha. i hadn't heard that reference before.

considering that 12020pc does not distinguish among materials, it would not be difficult to argue that such an item would violate the dirk/dagger prohibition were it carried concealed.