- Joined
- Feb 15, 2003
- Messages
- 66
Are these legal or considered automatic knives? I saw one with a 3 inch blade and it opens like a standard folder by a thumb on the blade but much faster...
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spring assisted folders
- Thread starter Icutmyself
- Start date
- Joined
- Apr 1, 2001
- Messages
- 736
I think that the answer is no, but....
May depend upon jurisdiction.
I would highly recommend that you don't become the test case in less you have ample time and money.
May depend upon jurisdiction.
I would highly recommend that you don't become the test case in less you have ample time and money.
- Joined
- Dec 15, 2002
- Messages
- 148
kershaw says they are legal. some states are saying otherwise. really a grey area. I think Michigan(???) Wal-Marts have removed them voluntarily from shelves after local law enforcement voiced concern. I don't know about other places.
- Joined
- Aug 8, 1999
- Messages
- 5,094
Recently, a guy in Missouri mentioned that he was fined for having a illegal knife when he was found with one. Assisted opening knives are legal in most jurisdictions according to the letter of the law, but I feel that many LEO's, judges, prosecutors, and jurors, could easily be persuaded that an assited opening knife is an auto. As an earlier poster mentioned, one should avoid being a test case. If you carry an assisted opener, don't whip it out needlessly and keep it out of clubs, airports, courthouses, schools, etc.
- Joined
- May 18, 2000
- Messages
- 3,743
While a few states, or local prosecutors have taken the position that these are switchblades, most have not. There has been no court ruling that these are switchblades. On one case Kershaw sent in it's atty's and the case was dropped. There is a pending case in Texas where an overzealous female prosecutor has taken the position that they are illegal, but this has not yet made it to court.
The legal loophole on the spring assisted knives is that most statutes define a switchblade as a blade that is spring activated by a "button, lever, or other mechanism within the handle of the knife". The Ken Onion design that Kershaw produces can only be opened by manually moving the blade. There is no button, lever, or other mechanism within the handle of the knife.
Kershaw is a large major knife manufacturer. They have made and sold thousands of the spring assisted knives across the nation. Major national chain stores carry and sell them openly every day. This would not have happened if they were illegal. As long as you don't live in Michigan I would not worry about it. No judge is going to convict you for a knife that you legally bought at Wal-Mart.
The legal loophole on the spring assisted knives is that most statutes define a switchblade as a blade that is spring activated by a "button, lever, or other mechanism within the handle of the knife". The Ken Onion design that Kershaw produces can only be opened by manually moving the blade. There is no button, lever, or other mechanism within the handle of the knife.
Kershaw is a large major knife manufacturer. They have made and sold thousands of the spring assisted knives across the nation. Major national chain stores carry and sell them openly every day. This would not have happened if they were illegal. As long as you don't live in Michigan I would not worry about it. No judge is going to convict you for a knife that you legally bought at Wal-Mart.
The legal definition of a switchblade requires that the blade be activated by a button or some other means located in the handle. The funny thing is AAFES sells Kershaw knives in the BX here even thogh some units consider them switchlades.
I bought my Chive at WalMart about a year ago and have never had a problem carrying it anywhere. A cop friend of mine told me it was perfectly legal(in Illinois anyway) Even in Chicago which is very uptight about knives and guns it has never raised any eyebrows.
When I reported here I was told by Security Police that it was illegal to carry unless it was in performance of duty. Of course the guy telling me this was carrying an auto Masters of Defense knife.
I think that the bottom line of all of this is that it depends on the LEO and your attitude at the time. Locality is a secondary item in my opinion.
I bought my Chive at WalMart about a year ago and have never had a problem carrying it anywhere. A cop friend of mine told me it was perfectly legal(in Illinois anyway) Even in Chicago which is very uptight about knives and guns it has never raised any eyebrows.
When I reported here I was told by Security Police that it was illegal to carry unless it was in performance of duty. Of course the guy telling me this was carrying an auto Masters of Defense knife.
I think that the bottom line of all of this is that it depends on the LEO and your attitude at the time. Locality is a secondary item in my opinion.
- Joined
- Jan 24, 2003
- Messages
- 2,110
They are legal in most areas because they only ban switches/autos if the force is applied thru the handle of the knife to the blade. If the force is applied directly to the blade (via your finger pushing on the stud to activate the Assited action) then it is legal.
- Joined
- Apr 1, 2001
- Messages
- 736
The cop who busts you goes home - you don't.
Legal is what the judge decides. It should not be that way, but that is the reality.
Legal is what the judge decides. It should not be that way, but that is the reality.