California law on automatics

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May 3, 2008
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So I understand from reading various sources online California generally allows for ownership of automatic knives but not carry, except one source said the City of Oakland actually does not allow for ownership either. What I'm mostly wondering about at this point is regarding transport and sales - specifically what if I ship one for warranty (have an opportunity to get a Protech TR-4 and they're even in CA I believe) and what if the sale is to someone in another state?
 
Here are my opinions based on my studying of California state switchblade laws (penal statutes and case law). I'm a 54 year resident of California, and I own and make switchblades.

I believe ownership is legal, but carrying of switchblades with blades 2" or longer on ones person, even on private property or in ones own home, is illegal.

Having a switchblade with a blade 2" or longer in the driver/passenger area of ones vehicle in public is illegal (case law says it's legal to have switchblades in the glove compartment of ones vehicle on private property. Case law CA vs SC 2009). My advice is that any transportation of switchblades by vehicle should be done with the knives in ones trunk.

As far as shipping a switchblade inside California for warranty work, hard to say exactly where the law comes down. Notice how in the statute linked below, in part C it says "transfers". I could easily imagine a prosecutor saying that shipping a switchblade to anyone, for any reason, constitutes "transfer". But that is pure speculation, based on my knowing how prosecutors like to stretch the law and interpret it in self-serving ways.


However, all that being said, since the law is not clear on this point, and since my interpretation of the word "transfer" could be wrong, if I had a switchblade that needed repair/warranty work, I wouldn't hesitate to ship it to the maker, providing they would accept it and ship it back to me. I would inquire with the maker first to determine what their warranty/shipping/receiving policies are.

As far as selling a switchblade to someone in another state from California, I can see how the statute posted above could be interpreted by a prosecutor to say that it's illegal. Unfortunately the statute doesn't specifically say something like "any person who does any of the following with a switchblade within the state of California...", so the fact that it doesn't specify "within the state of California", leads me to believe that it could be applied to any act of selling a switchblade by anyone in California. Of course that leaves us with the mystery of Protech and how they are able to manufacture switchblades in California and sell them. I don't know the answer to that. Maybe it is legal under California state law to sell switchblades from California to people outside California.

As is often the case, when the law is vague it creates uncertainty. Ask ten lawyers and you might get ten different answers. Without the clarity of a well-worded statute or case law, all we are left with are opinions and speculation.

Of course, selling/shipping switchblades across state lines involves Federal law. And that's a whole other matter.
 
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Autos with 2" or shorter blades are California-legal. And there are several to choose from (I own 4 different ones).
 
Autos with 2" or shorter blades are California-legal. And there are several to choose from (I own 4 different ones).

The blade needs to be under 2" to be legal. The statute I linked in my previous post says "Every person who does any of the following with a switchblade knife having a blade 2 or more inches in length is guilty of a misdemeanor".

I don't mean to be hyper-technical, but the statute is very specific on that point. :)
 
As far as Oakland, I just checked, and your source was right. Possession is illegal (municipal code 9.36.040), with no exceptions based on size. In code 9.36.010 it specifically says "regardless of the length of the blade". San Francisco is the same way.

Here is a link to the Oakland municipal code 9.36.040 for switchblades (switch-blades)- https://library.municode.com/search?stateId=5&clientId=3637&searchText=9.36.040&contentTypeId=CODES

Here's 9.36.010 (Dangerous Weapons Defined)- https://library.municode.com/search...3637&searchText=9.36.010&contentTypedId=CODES
 
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Sounds like the "fingernail" cleaner autos with 2 inches or less of blade are legal. Freakin California is ridiculous anyway!
 
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I too have researched this, short answer the only automatic knives we can (legally) carry have blades of 1.9 inch or less. That’s not to say you won’t find full size switchblades occasionally being sold at less than reputable places, but the quality of those is that of gas station knives.
 
I would trust Killgar’s word the most when it comes to California’s laws on switchblades.

Yeah, you need to not only be aware of the state law, but you also need to look out for laws in individual cities and counties which may be more strict than the state law. In one area you could be carrying something totally legal under the state and in compliance with the laws of that locality only to cross a municipality line and end up falling afoul of a local ordinance totally unbeknownst to you. It’s a smart idea to get the Knife Rights Legal Blade app which keeps you up to speed on stuff like that.

Switchblades are legal to own and keep at home for collecting purposes in California, but carrying them (on public or private property), selling them and carrying them in a vehicle is all a no no unless the blades are under 2 inches. Much emphasis on under 2 inches. Length can’t come in at exactly 2 inches. It has to be just under that. I don’t know if cops carry tape measure to see if the blade is the exact stated length. No idea how strict they are about it.
 
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A lot like crappy Ma. not suppose to walk around with a switchblade unless one possess a Class A gun license. OK to keep in your house for a collection.
 
In the land of the free, why are we treated like subjects? More to the point, why do we allow it? I no longer recognize my country!
 
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