What is a knife?

[Volk]

Ok, lets keep in mind the golden rule, there are no stupid questions, there are only stupid people.

Therefore I'd appreciate if somebody here could edjucamate me on the issue. Now I'm not a complete imbecile here so no need for posting a picture of a KA-BAR and saying "this is a knife" (also no need to post pictures of Crocodile Dandee) or anything that is clearly a knife, I want to know what qualities does a tool need to posses at the bare minimum for it to count as a knife legally. I'm not interested in the end spectrum where the knife becomes to big and turns into a sword or a machete, I'm more interested in when does a screwdriver or an icepick become a knife.

In particular I care about California, to be even more specific in LA county. But this just sparked my curiosity so I'm interested in your local laws as well.
I'm curious about the things like Microtech Assailant, and Balisong trainers, spikes, what about MOD XSF-1, cause it looks like portable screwdriver or prybar, more then a knife. What if I replace the Balisong blade with a spike, or I've seen balisong type forks. When do saws become serrated knives etc.
I've been making custom pens for my friends over the years, I didn't just drill a hole in a knife and inserted ink cartridge, and I didn't attach blades to pens, just solid metal pens which you can use to stab or make hole in something (didn't make those in LA county), are those legal?

I respect the integrity of the law, and even if I disagree with it I'll do my damn best to avoid braking it. However I do live in Los Angeles where a lot of things are prohibited outright, and even more things are left to the discretion of LEO officer. I want to know what options I have, where are things black and white and where are they gray.

 

[glistam]

In archeology and most scientific disciplines, a knife is pretty much anything with a sharp cutting edge. That's it. Handle or not, point or not. The defining feature is the cutting edge.

But put in context to your post, it's almost like the famous legal unanswerable: What is obscenity? What is offensive?

The fact of the matter is that is likely undecided until an object is plunked down in front of the LEO or Judge, and they decide.

To speak specifically to your jurisdiction, a "knife" can be either a cutting edge OR a stabbing implement. LA County includes ice picks even. Whether something is prohibited is another matter. Taking your examples, I'd say this:
-Microtech Assailent to be a dagger, due to it being a "other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death" but not a folding knife. It's offensive design would solidify this judgement. Illegal to conceal under state law, illegal to open carry under LA county, making it 'stay-at-home.'
-Balisong trainer is not a switchblade (bali's and switchblades are the same under CA State law) because it has no cutting edge. While it could be driven into a person, so could a pen and making those illegal would be ludicrous. Just my interpretation, but I feel it should be legal under state law, and under county law as well because LA code says "sharp." It's design intent as a display/practice item would add credence to this. I will still file this under "grey" though because courts like to bent logic to their whim when they can if it means putting someone in jail.
-MOD XSF-1 is designed as a combat knife that just happens to have a flat tip. It will still both cut and stab despite this, probably without much effort. I'd still call "dagger" on that one.

Thumb-stud folding knives of both manual and Assisted Opening varieties are legal to carry under state law regardless of length, and also legal in LA county for open carry if
a) the blade is under 3" if open
b) it is a tool for a lawful occupation.
c) it is for a recognized religious practice

Legal for concealed carry if it is kept concealed in public.

LA County Code
http://search.municode.com/HTML/16274/_DATA/TITLE13/Chapter_13_62_CARRYING_KNIVES_.html

 

[Volk]

OK so basically they say "you can't carry non folding knives, and if we even think its a knife then its a knife."

Microtech Assailent has blade of under 3 inches I think and its not designed for stabbing, so I wouldn't classify it as a dagger but its still a fixed blade. I read that if a fixed blade is under 3 inches then you can carry it but only in the open, therefore carrying it in the wallet would proof illegal (as in concealed).

Hmmm, so if I have a custom made Balisong trainer, with no sharpened edges just a point, I might be able to get away with it. But not something worth risking as in the end it will depend on the opinion of the officer I'm dealing with.

Completely agree on XSF, even though its a relatively unusual design, you will not be able to prove to the cop or a judge that its not a knife.

Thanks for that link, it does answer a lot of questions.

Kinda frustrating, but at least we are not limited in the folder department.

 

[glistam]

I did hear that a swisscard was ruled by a CA court not to be illegal despite being a fixed blade, due to it's tiny size and non-offensive design. But it still had to be decided in court.

I myself have pondered a "Dog Tag Knife." Ever seen one? They are basically a titanium dog tag with one sharpened edge, no point, and a wrap-around liner. Due to it's bare-minimum design, it is a last-ditch blade with almost no potential for offensive use, but good when you need something with a sharp edge.