Large knives with BM axis lock and CS tri-ad lock: gravity knives?!

[alexs]

I can easily flick open large (over 4" blade) folders just holding the handle not even releasing the axis lock or back lock. E.g., BM 741 or CS Rajah, Espada large or XL, etc. The blade is just so heavy that with the right angle (after a couple of tries) a flick open is all you need 9 times out of 10. The only fix is to tighten the pivot so much as to make the knife really annoying to open and close.

Does this mean those knives can be counted as switchblades/gravity by a zealous LEO/judge, say in California? Since the blades are so (relatively) big they will warrant a second look.

I am sure this must have been asked before but couldn't find it. Thanks!

 

[Planterz]

Not in California.

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.

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. "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.

For purposes of this section, "passenger's or driver's area" means that part of a motor vehicle which is designed to carry the driver and passengers, including any interior compartment or space therein.

Assisted and flickable knives are good to go. Just remember that in LA the maximum blade length on a carried knife is 3".

 

[neuron]

Here's the relevant portion of California law (doh, Planterz beat me to it ):

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. "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.

The part that I've put in bold was introduced to make sure that A/O knives such as Kershaw's SpeedSafe models don't count as "switchblade" knives. But it should also offer legal protection to cases such as those you (and Planterz) mentioned, since those knives are designed to open via pressure on the blade or a thumb stud attached to the blade, and have a detent/bias toward closure provided by their respective locking mechanisms.

I suppose that a really crazy LEO/judge could try to claim that the knives being clearly designed to meet those conditions isn't enough if they happen to be able to be opened in the way you described, but even there the detent/bias towards closure would go some way toward distancing them from "true" gravity knives and would weaken any claims that they should be classified as such. All of which is to say that, if it really came down to it, a good lawyer would have a field day demolishing such spurious attempts to classify them as gravity knives.

 

[alexs]

Thank you both, I am aware of the statute you quote, I just wasn't perfectly 100% sure which takes precedence: the fact that the knife can be opened with a "flip of the wrist" or its "bias towards closed/detent". So far we seem to agree the latter is more important. Let's hope that the LEOs are equally informed.

Another question, according to this statute, does the trunk of a station wagon or an SUV count as passenger space. On the one hand, it is cargo room but on the other it is easily accessible from inside a rear seat.

Finally, I think you mean that LA makes "open" carry of folding knives over 3" illegal, but their concealed carry is perfectly legal without any size limit a long as they are folding.

 

[USCGGM]

No, the cargo space, according to the statute, is a safe place to transport an A/O. I believe the statute refers to the passenger's seat area in the front; the concern is any area within the driver's reach.