CJ Buck
Moderator
- Joined
- Apr 15, 1999
- Messages
- 898
CALIFORNIA JUDGE RULES BENCHMADE FOLDER IS NOT A SWITCHBLADE; FIRST JUDICIAL DECISION DEALING WITH AKTI LEGISLATION
By Chris Micheli
After two days of testimony from the author and the arresting officer, a Sacramento County Superior Court judge issued a verbal ruling on October 29, 2003 that a Benchmade Model 910 Striker was not a switchblade under California Penal Code Section 653k because it fell within the one-handed opening knife exemption language drafted by AKTI in 2001. However, the prosecution in the case may appeal this decision, and the judge suggested that the Legislature should modify the exemption language so that it is clearer. The case is People v. Miller and the district attorney dismissed the charges against the defendant that day.
By way of background, Californias switchblade law was modified in SB 274, by State Senator Betty Karnette, which was signed into law in 2001. The bill was the result of extensive discussions and negotiations between the American Knife & Tool Institute (AKTI) and the California District Attorneys Association (CDAA).
The amendments to Section 653k by SB 274 were intended to only allow knives to fall under the exemption from the switchblade law if the knife contains a detent or similar mechanism. Such mechanisms ensure there is some resistance that prevents the knife from being easily opened with a flick of the wrist.
This is CJ,
Chris has been working this case with Benchmade.
The Judge rethought his ruling and there is a hearing on Nov 21st that Chris is preparing for. He has put together a brief (why do thay call them that, it is multiple pages) laying out to the court why it made the right choice the first time.
I will post any updates I get from Chris.
By Chris Micheli
After two days of testimony from the author and the arresting officer, a Sacramento County Superior Court judge issued a verbal ruling on October 29, 2003 that a Benchmade Model 910 Striker was not a switchblade under California Penal Code Section 653k because it fell within the one-handed opening knife exemption language drafted by AKTI in 2001. However, the prosecution in the case may appeal this decision, and the judge suggested that the Legislature should modify the exemption language so that it is clearer. The case is People v. Miller and the district attorney dismissed the charges against the defendant that day.
By way of background, Californias switchblade law was modified in SB 274, by State Senator Betty Karnette, which was signed into law in 2001. The bill was the result of extensive discussions and negotiations between the American Knife & Tool Institute (AKTI) and the California District Attorneys Association (CDAA).
The amendments to Section 653k by SB 274 were intended to only allow knives to fall under the exemption from the switchblade law if the knife contains a detent or similar mechanism. Such mechanisms ensure there is some resistance that prevents the knife from being easily opened with a flick of the wrist.
This is CJ,
Chris has been working this case with Benchmade.
The Judge rethought his ruling and there is a hearing on Nov 21st that Chris is preparing for. He has put together a brief (why do thay call them that, it is multiple pages) laying out to the court why it made the right choice the first time.
I will post any updates I get from Chris.