Califonia Hinderer Maximus question

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Is the new Hinderer Maximus legal to carry openly with clip on side pocket (normal pocket knife carry) in California?

As far as I can tell it has the same mechanism as the Hinderer XM 18 except for one thing:

It can't be manually pulled open with the opposite hand because the blade is sharp on both sides and thus sits inside the handle fully when closed (i.e. Neither sharpened sides protrude from handle when closed). Otherwise it's the same as the XM18. It's approx 3.5" long


Here is a YouTube of it:


 
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California has a prohibition on the concealed carry of daggers. However, the definition of dagger is as follows:
16470. As used in this part, “dirk” or “dagger” means a knife or 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. A nonlocking folding knife, a folding knife that is not prohibited by Section 21510, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position.​

Unlike most states, no part of the law references the number of sharpened edges. The phrasing of this law suggests that if the Hinderer Maximus is folded while concealed, it is not illegal.

I should mention that you should discard your notions about carrying a knife with a pocket clip showing as somehow getting around general knife carry restrictions. There is currently no case law or statutes that clarifies if this is in fact open carry or not, and in certain parts of California it's actually open carry that is illegal rather than concealed.
 
Thank you for the info. I was more worried about its likeness to a switch blade. I know it doesn't have a spring loaded button but it is deployed by a push of the finger and it has no other way to be opened. No thumb stud like the XM or a protruding blade ( blade is fully concealed by the handle) like a butterfly knife or a switch blade, both which are illegal.
 
This would not be a switchblade due to two key points in the California's law. First, the blade is opened by pressing on one of the two protrusions near the pivot; these are part of the blade and so this is considered "pressure applied solely to the blade of the knife" to open it. Second, the knife appears to have some kind of spring retention that keeps the blade closed when no pressure is applied; this is a "detent" per the text of the law below. These sentences were added as exceptions to CA's law specifically to insure there was a distinction between a true switchblade and a so-called "assisted opening" knife.

17235. As used in this part, “switchblade knife” means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife, or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever. “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.​
 
I should mention that you should discard your notions about carrying a knife with a pocket clip showing as somehow getting around general knife carry restrictions. There is currently no case law or statutes that clarifies if this is in fact open carry or not, and in certain parts of California it's actually open carry that is illegal rather than concealed.

What's funny is that a knife that courts could potentially consider "concealed" for the purposes of the statute prohibiting concealed carry of dirks/daggers could also be argued to be in "plain view" for the purposes of local ordinances prohibiting the plain view carrying of certain knives (for example, Los Angeles prohibits plain view carry of knives with blades 3" or over).

The term "concealed" in the penal code has been interpreted to mean "substantially concealed":

Defendant contends there is insufficient evidence of concealment because the tip of the knife was protruding from his pocket. We disagree. Only substantial concealment is required. (People v. Fuentes (1976) 64 Cal.App.3d 953, 955 [134 Cal.Rptr. 885] [dirk with handle protruding from waistband found to be a concealed weapon].) “A defendant need not be totally successful in concealing a dirk to be guilty of violation of Penal Code section 12020, subdivision (a).” (People v. Fuentes, supra, 64 Cal.App.3d at p. 955.)

People v. Wharton (1992) 5 Cal.App.4th 72, 75.

I can imagine a protruding handle being both "concealed" (Fuentes) while simultaneously being "in plain view," in violation of local ordinances. This paradoxical situation may create a good argument to defend against a "plain view" ordinance violation, but as you mention, there is no case law on the subject.[/quote][/quote]
 
I was not familiar with Fuentes or Wharton, so thanks for the quote. I'll add that to my notes.

For others interested in details, Wharton had a double-edged fixed blade dagger in his pocket with the tip of handle visibly protruding. The tip was seen by police, who thought it might be a weapon, which lead to a pat-down.
 
Imho...
Blade would be classified as a Dirk/Dagger.

Carry something else... unless you want to be the test bed if it is legal.
 
I wouldn't carry any DE blade openly or concealed in California.
 
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