Questionable legality of the Microtech Select Fire Auto

[Bubblinwaters]

My Mother always told me that there was "no such thing as a stupid question". Unfortunately I need to prove her wrong and ask one. I have the hots for the Microtech Select Fire Auto and I would like to have a better idea of the legality surrounding this specific knife. I live in California and can legally posses an auto (and do) but I can't legally carry. That much is clear. So here is the dumb question. Can I legally carry the knife mentioned if it is kept in the manual position? There are no clear cut laws that address a knife of this nature so I'm interested in hearing opinions (especially from any members of the L.E. community). Anyway, I'd love to add the knife to my collection but $480 isn't practical if I can't carry and use it, right?

 

[glistam]

My understanding is the manual Select Fire is just that, a manual thumb-stud folder. It is not automatic and cannot be readily converted to being an automatic. Therefore, it would be legal under state and federal law as any older manual folder. Just because a manual knife has an auto version, does not make the manual version an auto. I have a Benchmade Bedlam in manual form and I had no trouble with that in my area.

Just a few clarifications on the law:
1. Federal law on autos only regulates sale over state lines. Nothing more
2. California state law doesn't ban carry of autos, only carry of autos with blades over two inches. Though the point is valid that very few autos are this tiny.
3. Manual folders (including thumb-studs or holes) and spring-assist folders of any size are legal to carry in California, unless prohibited by local county or municipal code.

 

[Bubblinwaters]

The Microtech Select Fire comes in two models. One is a manual folder and the other is a "select fire". The latter uses a small proprietary key that fits in the fire button. Twist the key one way and you have an auto. Twist the key the other way and it somehow disengages the spring rendering the knife a manual opener. I know that I would be in violation of the law if I were to carry it in the auto mode. I was just wondering if I would be in violation of the law if I were to carry it while in manual mode? I know it's a huge gray area and I suspect that because it could quickly be switched to auto mode, it would be illegal regardless. Just wondering.......

 

[glistam]

Considering a handful of case law I have seen that makes conversion kits and other kits that construct an auto from parts have been ruled illegal to sell under the federal law, I have very little hope the Select Fire's little "loophole" is going to convince a judge it's not an auto. The only possible counter I can offer is that 99% of police officers that would be meeting you will not recognize the model, much less know how to activate the auto feature. To the point it could possibly even go through evidence processing without anyone noticing or figuring it out. That, and the usually argument I make about weapon carry: what are you doing that get's cops rifling through your pockets on a regular basis?

Besides those points though, I personally would err on the side of caution. $480 is a lot to drop any knife at all, much less one you have to drive over the state line to buy legally and may never be able to carry.

 

[Bubblinwaters]

Considering a handful of case law I have seen that makes conversion kits and other kits that construct an auto from parts have been ruled illegal to sell under the federal law, I have very little hope the Select Fire's little "loophole" is going to convince a judge it's not an auto. The only possible counter I can offer is that 99% of police officers that would be meeting you will not recognize the model, much less know how to activate the auto feature. To the point it could possibly even go through evidence processing without anyone noticing or figuring it out. That, and the usually argument I make about weapon carry: what are you doing that get's cops rifling through your pockets on a regular basis?

Besides those points though, I personally would err on the side of caution. $480 is a lot to drop any knife at all, much less one you have to drive over the state line to buy legally and may never be able to carry.

Thanks for the input. For the record, I'm not doing anything to have cops rifling through my pockets. That said, I would never consent to a search regardless of the fact I have nothing to hide. Anyway, that's totally off the point. Anyway, I tend to agree with your opinion on the legal loophole regarding the Select Fire. I'll probably end up taking that $480 and add 3-5 spydies to the collection over time instead.