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California Appeals Court Throws Out Misguided Switchblade Ruling
Ammoland ^ | 3 December, 2012 | Knife Rights

Posted on 12/03/2012 3:03:56 PM PST by marktwain

Gilbert, AZ --(Ammoland.com)- In a victory for law-abiding knife owners, the California Court of Appeals last week reversed a lower court’s absurd expansive ruling that a knife that could be “wrist-flicked” open was a “switchblade.”

The lower court made the faulty ruling despite an explicit provision in California law that distinguishes and protects one-hand opening and assisted-opening knives with a bias towards closure and despite prior Appellate Court rulings upholding that exception. These common folding knives represent over 80% of the U.S. market and the legislature clearly wanted them to be legal when they clarified the original switchblade law.:

“Switchblade knife” does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position.

This is essentially the same exemption that was added to the Federal Switchblade Act as a result of Knife Rights’ and its partners’ efforts to clarify the federal definition in 2009. We laud the Appeals Court on its decision and a well-written opinion, but it is unfortunate that the defendant had to undergo the extreme harassment and stress to him and his family and friends that comes with such an experience due to the ignorance and apparent anti-knife bias of the law enforcement officer, prosecutors and the lower court involved. We’d also like to acknowledge the successful efforts of the defendant’s court appointed lawyer who presented a strong defense. Hopefully, this will be the end of this sordid travesty of justice by the state and there will be no further appeal.

You can read the Appeals Court opinion here: www.kniferights.org/G045929.pdf

This is a perfect example of why Knife Rights is working aggressively and proactively to change knife laws in our country. As we eliminate irrational knife laws prohibiting certain types of knives, or clarify existing knife laws to protect common folding knives, we ensure fewer law-abiding citizens will fall victim to similar bias and ignorance. Knife Law Preemption, pioneered by Knife Rights and now the law in four states, ensures that citizens can expect uniform enforcement throughout their state. We cannot just wait for more bad things to happen before fixing the law; we have to change the law for the better NOW!

Support Knife Rights TODAY and help us create a Sharper Future.

About: Knife Rights (www.KnifeRights.org) is America’s Grassroots Knife Owners Organization, working towards a Sharper Future for all knife owners. Knife Rights is dedicated to providing knife owners an effective voice in public policy. Become a Knife Rights member and make a contribution to support the fight for your knife rights. Visit www.kniferights.org


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: California
KEYWORDS: banglist; ca; court; knife
Almost every knife can be opened by a "flick of the wrist" if the opener is skilled and practiced. I have opened Swiss Army knives this way by holding the blade instead of the handle. To claim that 80% of pocket knives in America are "switchblades" is absurd, but so is the whole ban on "switchblade".
1 posted on 12/03/2012 3:04:01 PM PST by marktwain
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To: marktwain

If a public defender can mow this down, it was a particularly lame brained ruling. But that’s what you get when liberals clamor for outcome-based jurisprudence.


2 posted on 12/03/2012 3:13:40 PM PST by HiTech RedNeck (How long before all this "fairness" kills everybody, even the poor it was supposed to help???)
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To: marktwain

My latest ‘wrist-flicked’ knife is ‘spring assist’ ...


3 posted on 12/03/2012 3:18:27 PM PST by ▀udda▀udd (>> F U B O << "What the hell kind of country is this if I can only hate a man if he's white?")
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To: marktwain

These knife laws are nothing more nor less than the same old ‘the weapon made me do it’ crapola we see with Liberals and handguns.


4 posted on 12/03/2012 3:18:41 PM PST by Jack Hammer
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To: Jack Hammer

Or, “the drug just jumped into my body.”


5 posted on 12/03/2012 3:20:24 PM PST by HiTech RedNeck (How long before all this "fairness" kills everybody, even the poor it was supposed to help???)
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To: marktwain

Federal Switchblade Act?

What kind of nonsense will politicians NOT get involved in? I become more and more in sync with libertarians every day. Politicians, beaurocrats and government at all levels needs to be minimized as much as possible and most of their functions and powers eliminated.


6 posted on 12/03/2012 3:31:14 PM PST by FerociousRabbit
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To: marktwain
Knife laws are not only stupid, the are unConstitutional. Knives are both arms and tools.

I have a dog in this fight. As a culinary professional, I've been harrased because of my knife case which includes a carver that makes short work or steamship rounds and could be classified as a short sword.

I've been held in airports while customs and/or cops figured out that handling my knives is asking for a very clean and nasty cut.

I no longer travel by air.

/johnny

7 posted on 12/03/2012 3:40:28 PM PST by JRandomFreeper (Gone Galt)
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To: marktwain

are butterfly ballot knives still illegal?


8 posted on 12/03/2012 3:43:19 PM PST by GeronL (http://asspos.blogspot.com)
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They should throw out all knife laws . . . short of assault and murder, etc. There is no logical reason why a switchblade should be illegal. Missouri removed them from its list of prohibited weapons this year, btw.


9 posted on 12/03/2012 3:44:27 PM PST by stranger and pilgrim
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To: stranger and pilgrim
There is no logical reason why a switchblade should be illegal.

Idiot liberals are illogical.
Switchblades just as with AR-15s look scary and there should be a law, blah, blah, blah.........
Idiots!

10 posted on 12/03/2012 3:52:29 PM PST by The Cajun (Sarah Palin, Mark Levin......Nuff said.)
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To: stranger and pilgrim
There is no logical reason why a switchblade should be illegal.

It was the pachuco weapon of choice and the pachucos freaked people out.

11 posted on 12/03/2012 3:59:25 PM PST by Tau Food (Never give a sword to a man who can't dance.)
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To: FerociousRabbit
Federal Switchblade Act?

I think that passed after "West Side Story" came out. Now the movie will have to be rewritten.

What a bunch of crap.

FMCDH(BITS)

12 posted on 12/03/2012 4:11:49 PM PST by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: JRandomFreeper
In clearing out many of the MIL's excess/surplus equipment in her kitchen (during a serious remodel) we removed several hundred knives ~ so typical of some ethnic groups too!
13 posted on 12/03/2012 4:27:23 PM PST by muawiyah
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To: JRandomFreeper

BTW, just how long is a short sword? I may have a few of those myself!


14 posted on 12/03/2012 4:28:11 PM PST by muawiyah
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To: JRandomFreeper

Please tell me where I can obtain a knife case you describe.

I used to have a nice Kershaw knife set with interchangeable blades but the newer models are junk.

TIA

Randy


15 posted on 12/03/2012 4:39:54 PM PST by Randy Larsen (Aim small, Miss small.)
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To: FerociousRabbit

A switchblade law LOL. If we could get gangs to return to using switchblades, that’d be a huge victory. It’s comical, 18 year old can’t buy a switchblade, BUT he can buy an AK and an 870 with a case of ammo for each.

This law was written for the Jets and the Sharks. It’s a total joke.


16 posted on 12/03/2012 4:43:01 PM PST by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office.)
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To: Randy Larsen
The knife case is a regular tri-fold canvas case from AceMart. Every knife in it was purchased from different places over the world.

I have yet to find a knife set that was useful to me. Germans make great heavy knives good for home kitchens. Try using some of them in a commercial kitchen for 10 hours, and fergetaboutit.

My knives range from over $100US to $8US, depending on where I bought them, and what they were. The 12" carver was about $95US.

My knife case also includes things like duck sissors, yes I've used them, a cigar guillotine, very special and sharp melon ballers, corkscrew, olive pitter, and other assorted hardware that a cook might need.

The contents change over time, depending on what I find that is better than what I've got.

/johnny

17 posted on 12/03/2012 4:51:00 PM PST by JRandomFreeper (Gone Galt)
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To: JRandomFreeper
My knives range from over $100US to $8US, depending on where I bought them, and what they were. The 12" carver was about $95US.

We would all love to know your knife recommendations. It would be a great vanity article.

18 posted on 12/03/2012 5:44:48 PM PST by marktwain
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To: nothingnew; All
I think that passed after "West Side Story" came out

I think this might be my fault. Thirty years ago I was touring West Side Story playing Riff, the leader of the Jets.

During the knife fight, which was a highly choreographed dance routine, Bernardo and I both made a wrong move and missed our marks. The result was my kicking the knife out of his hand. It went straight up about twenty feet. We all froze trying not to break character, but everyone struggling to look up.

It fell straight down sticking in the wood stage about 3 feet in front of Bernardo and myself.( yes we were usung real knives)

There were a few people from the government there.

I apologize.

19 posted on 12/03/2012 5:45:54 PM PST by Focault's Pendulum (Romney has run a business, an Olympics, and a state. Obama has never run anything but his mouth.)
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To: nothingnew
I think that passed after "West Side Story" came out. Now the movie will have to be rewritten.

I don't know when WSS came out but the federal law has been with us since 1958 (probably the same time-frame).

Seemed switchblades were perceived as quite the menace back then.

20 posted on 12/03/2012 5:51:20 PM PST by Drew68
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To: marktwain
I'd have to figure out what they all are and where I got them. Some of them from Japan have markings I can't read.

I will say that my favorite and fastest paring knife is a Tupperware. Go figure.

The duck sissors are german or swedish. The boning knife is German.

The filet knife is some side of the road Finish J. Marttiini thing I picked up but works well.

The ice pick is a gimme Jensen Tools and Alloys marketing thing from Arizona back in the '60s.

My 'loan me' knives are $14 Chef Knife specials on sale from AceMart. That's what you borrow the night you get fired for not bringing your own knives (always at the END of the shift).

My Chef's knife is a 17cm folded and forged blade that was hand crafted.

I would loan you my shotgun, dog, wife (if I had one), boat, and toothbrush before I would loan you that one.

/johnny

21 posted on 12/03/2012 6:01:16 PM PST by JRandomFreeper (Gone Galt)
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To: JRandomFreeper

Thanks for the reply. I don’t mind spending the money if the product is worth the price but I’m always looking at stuff that looks good but is rejected by the pros.

Some day if you feel extra energetic would you please post a thread on knives from YOUR percpective?

Thanks Again for your time!


22 posted on 12/03/2012 6:55:26 PM PST by Randy Larsen (Aim small, Miss small.)
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To: Randy Larsen
Any thread like that would be very biased toward the kind of work I do/did with knives. Other Chefs would rightfully have other opinions based on their experience.

It's a very personal thing. I was prep b!t@h for a couple of years and stood over a stainless steel table with cases of veg and live seafood and a knife in my right hand for 8-10 hours a day. I'll bet you aren't doing that. Your needs will be different.

If you want advice, buy knives. Learn to sharpen them from a pro. Keep the ones you like. Give the others away. Keep improving your knife case to get what works for you.

It's very personal. I can't shoot a Glock for anything, but a 1911, I'm ok with... that kind of thing.

/johnny

23 posted on 12/03/2012 7:23:43 PM PST by JRandomFreeper (Gone Galt)
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To: Focault's Pendulum
Great story and no apology needed.

FMCDH(BITS)

24 posted on 12/04/2012 12:21:58 PM PST by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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