Legality of Kershaw Random Task

[bowler1]

A quick question. I imagine that this may vary from state to state, but are there any legal limitations of the "torsion assisted" opening device on the Kershaw Random Task? It is not exactly an automatic knife, but does anyone know if there are states in which it might be considered as such? What are your opinions on the matter? Thanks for your help.

Matt

 

[Vampire Gerbil]

Howdy Bowler!
So, you must be a tennis player, eh?
::::::nodding in a knowing manner::::

Anyways, you might want to ask the same thing at The Automatic Knife Forum

I'm pretty sure that the Random Task isn't considered illegal in any state since the statutes (at least not yet) address torsion assisted knives.
Don't forget, legal statutes do not say what you're ALLOWED, but only say what ISN'T ALLOWED.
There'd have to be a statute that specifically describes the manner in which the Random Task is opened in order for it to be considered illegal.

Obviously, I'm not a lawyer, but I have USED lawyers in the past.

Anyways, hope that helps a little.

Still insulted that no lawyer would defend my jaywalking ticket on grounds of insanity,
I remain,
VG

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[TheMartialWay]

I also think it depends on how a state defines a "switchblade" or "automatic knife".

For example: In NY state a "switchblade" is defined as Any knife that opens automatically by pressure being applied to a button switch or other device located inside the handle, or by the application of centrifugal force.

Now to open the Random Task pressure is being applied to the thumb stud, the thumbstud is not located "inside of the handle" The opening is also not completely "automatic" as there is manual movement of the blade before the torsion bar kicks in.

So it is legal because of a technicality.

Howeer, PA's definition of a switchblade is much broader and defines a switchblade as:
"any... dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise."

notice the terms "automatic way" and "by switch, push-button, spring mechanism, or OTHERWISE."

The Random Tasks opening would qualify as an "automatic way" and the mechanism would qualify as "otherwise"

Below is the complete PA text taken from www.knife-expert.com
read the last paragrah, it describes the term "otherwise" Making the Random Task illegal. (IMHO)

So you can see how it depends on how a state defines a switchblade. (the above is my opinion, do not take it as law)

Pennsylvania - Pa. C.S.A. 18.908. Prohibited offensive
weapons. (a) Offense defined.--A person commits a
misdemeanor of the first degree if, except as authorized by law, he makes, repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon. (b) Exception.-- It is a defense under this section for the defendant to prove by a preponderance of evidence that he possessed of dealt with the weapon solely as a curio or in a dramatic
performance, or that he possessed it briefly in
consequence of having found it or taken it from an
aggressor, or under circumstances similarly negativing any intent or likelihood that the would be used unlawfully. (c) Definition.--As used in this section "offensive weapon" means... any... dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise...
- also see 24 P.S. 13-1317.2. re: students bringing weapons on to school property.]
Pennsylvania case law:
Where opening knife required lock to be released, and once lock was released blade could be exposed by flip of wrist, knife did not have blade which could be "exposed in an automatic way"... by "otherwise" legislature referred to knives that were opened by some sort of mechanism which is not a "switch," "push-button," or "spring" mechanism but still a mechanism... (1979)

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Louis Buccellato
http://www.themartialway.com
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"only the paranoid will survive"

 

[anthony cheeseboro]

As a lover of the Avalanche, I believe that in addition to legality, an assisted open knife carrier should be particular about the environment in which he or she carries the knife. For instance, a big city cop might confiscate the knife or arrest you even if the knife is clearly legal simply because in that environment, cops are tough on anything that looks like a "weapon". Also, don't take an assisted open knife into a club or airport.
We knife owners should be smart and not bring excess attention to a neat knife design; that way we can minimize paranoid responses.

 

[Dennis Wright]

Anthony has is right. "Legal" or "illegal" is a moot point if the LEO decides that:

1. He/she doesn't like the idea of such a tool being carried on their beat

2. He/she has decided that you're a "dirtbag" (one who doesn't fit the profile of what a "citizen" should be.) and therefore shouldn't be allowed to carry something so "dangerous".

3. He/she isn't sure but something like that must be illegal. (Forget the concept that one should know the law if one is tasked with enforcing it.)

4. He/she likes what you have and doesn't have one yet.

Usually, in almost all of the above instances, the individual is told that they won't be charged with carrying a dangerous weapon if they just give it up and go on their way. Otherwise they can expect to be cited or arrested and jailed.

The bottom line is don't advertize what you have and keep a low profile, especially in high traffic or heavily policed areas. this goes for all types of knives whether they be assisted opening or one hand openers or whatever. If it has a blade and it draws attention, expect to be challenged on it, especially if you don't blend in.




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Dennis Wright
Wright Knife & Sporting Goods
1-800-400-1980
("Have a knife day!")
wrightknife@ixpres.com