quick release knife sheath CA legal?

H

highvalleyranch

Joined
Sep 13, 2006
Messages
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I was directed by another list member to post this question on the legal forum rather than the general forum:
Any of you know of, had, have, have comments pertaining to a "QUICK RELEASE" knife sheath made for Shrades and bucks.
This is a sheath that is interesting in that when you pull your folder out of the sheath, the pivot point on the sheath automatically opens the knife for you as you pull it out.
Is this legal in California to wear in public?
It's a great work tool idea, in that it facilitates one hand operation of your knife while the other is occupied, but with the adven of one hand folders it is not as well known. It came out pre one hand opening era, back in the 1960's for the buck and schrade 5" folding hunters.
 
Illegal in MS & MD . . . tried to look up the CA statutes, but there's like thousands of 'em, and I couldn't find it. I hear that similar sheaths are illegal in CA.
 
Just based on your description it doesn't sound like it violates any specific California statute, but your mileage may vary. Do you have a link to the product your talking about?

Best regards,

Argyll
 
i'm pretty sure it's illegal, i've read that folders have to be carried in "fully closed position" for it to be legal in california
 
Doesn't the sheath ride on your belt? As long as you do not cover the sheath with your shirt, it is open carry. Since it is legal to open carry a fixed blade, I do not see why a folder that opens when removed from the sheath would be illegal for open carry.
 
Yes, it does ride on my belt, but I usually have a long shirt covering that area, so it is probably then considered concealed.
Thanks for all the opiniions so far, but right now I have had 50/50 on whether it is or is now lega.
Checked with my local knife store guy and he thought it was, so unless someone can point out the provision that say the knife must be in the FULLY CLOSED position, I am still uncertain. The knife blade is slightly open by 1/4 inch by the pivot bolt that opens it as you draw the knife out.
So it is not fully locked open and partially closed, but protected by the sheath itself.
 
As you pointed out in your other post, a folder is only treated the same as a fix blade under Calif. law when its locked open. Since the sheath you linked to does not carry the knife locked open, I would take the positition that its legal to carry concealed. A different question would be why you would want to rely on a gimick sheath, when you could just carry any modern tactical folder and probably open the knife just as fast, and with less issues.

Best regards,

Argyll
 
quote:
A different question would be why you would want to rely on a gimick sheath, when you could just carry any modern tactical folder and probably open the knife just as fast, and with less issues.

Because it allows me to carry my buck 110 or 5" Uncle Henry and pull them out ready to use. If I carry other quick opening folders, I don't have to carry this sheath.
 
Doesn't matter. if a cop asks to see your knife or something just pull it out and keep it folded.
 
I recall reading something years ago, that it was illegal in Ca. However now I cannot recall why. I believe it had to do with it being either partially open or having an assisted opening. However the wave would fall into this category. Best bet is to ask Ron Clark. How about it Ron? I have been away from this forum for quite awhile.
 
I was finally able to ask a LEO friend who is the firearms instructor for the local sheriff dept. He was away on a hunting trip.
He is pretty sure that they are legal in California.
So at least I will feel comfortable wearing it locally, and if stopped by the local friendly LEOs, I will have his opinion as a back!
 
check california penal code 12020 (24). briefly the section states that a folding knife is a deadly weapon only when the blade is fully exposed and locked open. according to this it need not be fully closed and it seems your sheath is perfectly legal.
 
It was unlawful to carry in CA, it fell under the switchblade rule. Dunno if that was changed since I retired.

Gene
 
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