Screw up on my part and now I need advise.

V

Valael

Joined
Mar 2, 2003
Messages
1
A while back, I bought a Scallion, by Kershaw, with Speed-safe index finger opening.



And well, today...I screwed up. I normally carry it around in my pocket -- and today was no different. We went to visit the Bass Pro Shop near by, but then they decided to visit the Arch (I live near St. Louis, in Illinois where I bought the knife from Wal Mart)


And I completely forgot about the knife and walked through the metal detector, setting it off obviously.


I was given a $100 citation for posession of an illegal knife. He told me it was illegal because it was a switchblade and was spring loaded.



Now, I have seen switchblades, and they don't seem all that similiar to me. And as far as I know, switchblades are illegal nationwide and I'm sure Wal Mart wouldn't sell them because of that, even if they're considered legal to sell.


That and the knife is NOT spring loaded -- it's called a Torque Tension bar or something similiar to that.



So I have the option to go to court (The officer that gave it to me suggested to do it, and he said he doesn't normally suggest that.)



So if it's not technically a switchblade, nor is it springloaded, and the world's largest retailer sells it, do you think I have a leg to stand on?


Any other advice? Corrections on my details? Anything constructive?
 
Missouri - Chapter 571, Weapons Offenses.
- 571.010. Definitions... (17) "Switchblade knife" means any knife which has a blade that folds or closes into the handle or sheath, and (a) That opens automatically by pressure applied to a button or other device located on the handle; or (b) That opens or releases from the handle or sheath by the force of gravity or by the application of centrifugal force.

No button or other device located on the handle of a Scallion (spring vs. torsion bar is not relevant). Go to court. Worst case scenario, you're no worse off than you are now, except that you've wasted some time and gotten more aggravated by stupidity.
 
As Dvirsky mentions, in Missouri, the speedsafe mechanism is still legal. The trigger is not located on the handle. I don't know about you, but I wouldn't take this sitting down.
Matt
- On a postive note, I'm also in St. Louis, shoot me an email sometime.
 
While the Springsafe mechanism may be legal, I wonder if there's a loophole in the 'gravity, centrifugal force' part. My Timberline Discovery has a similar spring-assisted opening, which is perfectly legal. HOK sells (or sold) them. Problem is, if I hold the knife by it's handle and flick it properly, the blade snaps out without my touching the handle at all. The mechanism, while spring-loaded, just isn't tight enough to hold against a good wrist snap, and I suspect that tightening it enough to prevent that would also ruin the quick opening. While my knife may be looser than most, logic says that any knife that needs just a bit of mechanical pressure to open the blade before the spring takes effect can be opened by a wrist flick with sufficient force to move the blade the required distance.

I'm a bit worried about this, as I have a Kershaw Boa on order, and I plan on carrying it as my EDC. I'd hate to lose such a beautiful blade as that because of the centrifugal force part of the law. Has anyone thought of this before, or know of cases where this was brought up in court?

Thanks,

Chris Brogden

Winnipeg, Canada
 
Oops... meant to say, "if I hold the knife by its handle and flick it properly, the blade snaps out without my touching the blade at all."
 
this whole gravity centrifugal force opening bit is very problematic. i can open almost any knife with a correctly executed snap of the wrist. even a buck 110 will open this way if your technique is good. i would suggest that if you find yourself faced with this legal conundrum you would be well seerved by going to the advertising and instructions that come with the knife. sometimes they will specificaly warn against this type of manuver and that should be enough to get you off. if they don't warn against it you can at least hope they say nothing about it. in which case such use is contra-indicated. again this should be enough to get you off.
IFF you're willing to hire a lawyer. if not the validity of your case will probably be irrelevant.
 
You must log in or register to reply here.
Back
Top