So how do you or "they" measure a blade?

[James Mattis]

A lot of jurisdictions set maximum blade lengths for this or that sort of knife under these or those circumstances. Many such statutes don't say how to measure a blade. Do you or some authority figure measure a blade from tip to handle, or along the sharpened edge, which is normally shorter?

The California Legislature doesn't say how to measure a blade, and the appellate court here couldn't find any precedents here or anywhere else to guide them, so the judges decided that where the law can be read in two different ways, it must be read in the way that is most favorable to the defendant.

In re. Rosalio S.

If you read the opinion, you will note that the judges had apparently never seen a Leatherman Tool before, and that the prosecutors had initially wanted to call it a "butterfly knife."

Does anybody else know of court cases in any jurisdiction that have addressed this issue? Or any jurisdiction's statutes that are more specific?


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- JKM
www.chaicutlery.com
AKTI Member # SA00001

 

[CJ Buck]

For our specifications we have always used the tip to the guard or handle. Blade length is of interest to law enforcement for stabbing purposes so it would be unwise just to count the sharpened edge.

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CJ Buck
Buck Knives, Inc.
AKTI Member #PR00003

 

[cerulean]

Thanks for the interesting info, James.

The only other court case I know of that talked about blade length measurements was a Colorado case. In that case, it was decided that blade length in a folding knife was measured from the the tip of the blade to the pivot joint. Of course, this method of measurement is ridiculous.

When reading these types of cases, I'm always struck by how little the lawyers understand about knives. Just spending 15 minutes consulting with a knife expert would enable them to resolve the issues in an intelligent manner. If they can't understand knives, a very simple object, it makes you wonder about how screwed up the laws must be that govern extremely complicated systems, like the internet.

Anyway, blade length doesn't matter much for stabbing purposes. For instance, an arrow has a total blade length of less than an inch, yet the entire arrow can penetrate through your body. The same principle applies to the spear. A spear has a blade length of only a couple of inches, yet you can completely impale someone with a spear. In fact, there are several stabbing weapons that have NO blade length. For instance, an ice pick has a point but no sharpened edge. It could be considered to have no blade.

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Cerulean

"Just because some folks think you make great kydex sheaths doesn't make you into some sort of mind reading psychologist." -Paracelsus

 

[CJ Buck]

Excellent points.

This is why it is so critical for AKTI to get solidly grounded so we can quit focusing on fund raising and start focusing on providing that expertise to law enforcement.

In California, we have a great relationship with the District Attorneys where they have alerted us to upcoming legislation and asked for our input.

We had a head start in California because of previous cooperative legislation development. Now for the other 49 states...

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CJ Buck
Buck Knives, Inc.
AKTI Member #PR00003

 

[Jim March]

I think stabbing penetration depth is probably what we'd be "stuck with" (pun alert

).

That said, in California right now, length isn't an issue nor should it be. Intent and actions are more critical.