Skip to comments.California Appeals Court Throws Out Misguided Switchblade Ruling
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 courts 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. Wed also like to acknowledge the successful efforts of the defendants 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 Americas 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
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.
My latest ‘wrist-flicked’ knife is ‘spring assist’ ...
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.
Or, “the drug just jumped into my body.”
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.
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.
are butterfly ballot knives still illegal?
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.
Idiot liberals are illogical.
Switchblades just as with AR-15s look scary and there should be a law, blah, blah, blah.........
It was the pachuco weapon of choice and the pachucos freaked people out.
I think that passed after "West Side Story" came out. Now the movie will have to be rewritten.
What a bunch of crap.
BTW, just how long is a short sword? I may have a few of those myself!
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.
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.
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.
We would all love to know your knife recommendations. It would be a great vanity article.
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 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.
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