California Appeals Court Throws Out Misguided Switchblade Ruling

Ammoland ^ | 3 December, 2012 | Knife Rights

[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

[JRandomFreeper]

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

[Randy Larsen]

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!

[JRandomFreeper]

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

[nothingnew]

Great story and no apology needed.

FMCDH(BITS)