I'd err on the safe side, personally. You might ultimately win...but you'd likely have to deal with aggravation and expense in the process. Some people enjoy those games, and seem to want to "teach them a lesson"; but screwing with cops & trying to take the law right to the limit isn't worth the potential hassle to me.
Of course, I say that; but I've been known to carry a knife that can - if one tries - be opened without use of the thumb studs or flipper...which, in the eyes of the State, could make it a gravity knife. I know that, and I carry it anyway; but I'm over 40, am not likely to be having a police officer examining my knife, and - here's the biggie - I'm prepared to lose it should such an examination happen. Can you say the same about your XM-24?