California OTF laws

Y

yukault1

Joined
Jun 25, 2017
Messages
5
Hi all,

I recently purchased an OTF that has a blade inch of 3.3. From my understanding, it is ILLEGAL to have it around in public which is perfectly fine but legal to keep it in my home. This will be a novelty item for my pleasure, which will be kept in the safety of my home. So I do not plan to have this ever in public. Which brings me to my second issue. I order the OTF from bladeops, and they only ship via USPS. Will there be any issues with me receiving it? I have read many people have been able to also receive the same product in California without any issue. If anyone could give me their personal experience living in California and have OTFs shipped via USPS that would be splendid or anything on the lines of BladeOps shipping OTFs to Cali. Thank you kindly.

Best Regard,
John
 
I know that no online retailer will ship autos of any kind including otfs to California. But in the case of that "assisted" otf, I am not sure.
 
Dfunk1210 said:
I know that no online retailer will ship autos of any kind including otfs to California. But in the case of that "assisted" otf, I am not sure.
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So would it be best if I just cancel the order? So I can save myself the hassle. I've read that many other people on this forum has had OTF knives shipped to them from California. So there's a lot on confusion on my end.
 
yukault1 said:
So would it be best if I just cancel the order? So I can save myself the hassle. I've read that many other people on this forum has had OTF knives shipped to them from California. So there's a lot on confusion on my end.
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It might be ok since it is assisted, not auto. You can always email bladeops to make sure. I do in fact have autos too. I bought em in Nevada.
 
Dfunk1210 said:
It might be ok since it is assisted, not auto. You can always email bladeops to make sure. I do in fact have autos too. I bought em in Nevada.
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This is the description!
"A single action out the front knife by definition means that the blade is automatically deployed with the push of a button and then is manually retracted with a lever feature--in this case found on the side of the handle. " The manual retraction indicates assist correct? And thank you, I will see if I can cancel the order in the morning if possible. I no longer have the option to cancel my order.
 
An assisted is not an auto by definition. Now, will cops know the difference? Don't count on it. I personally would not carry an OTF in public of any kind or blade length in California. Side opener is a different story. I carry a Protech TR5 SA as my primary EDC. In the house you are 100% fine and in the legal right to own and use autos.
As far as retailers not sending autos to California? Not true. I've had online retailers send me autos here in California..some will some won't.
 
yukault1 said:
This is the description!
"A single action out the front knife by definition means that the blade is automatically deployed with the push of a button and then is manually retracted with a lever feature--in this case found on the side of the handle. " The manual retraction indicates assist correct? And thank you, I will see if I can cancel the order in the morning if possible. I no longer have the option to cancel my order.
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No, manual retraction does NOT mean it's assisted. The release of the blade via a button in the handle, by almost all legal definitions, makes this an automatic knife. The OTF movement (some OTFs are actually manual knives) actually doesn't come up in the legal definitions.

What makes it an auto is defined in California Penal Code 17235, and this statute contains language that includes butterfly knives and old fashioned German gravity knives. It does provide an exception for assisted knives that reads:
“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.
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If your knife had been an assisted opener, it would be legal to carry provided the length doesn't violate any local county or city ordinances (LA for example limits it to 3"), and your local cops are morons who don't know the difference.

However because the description appears to be this is a true automatic knife, you are correct that you cannot carry it in public. Regarding shipping, technically by the letter of the law BladeOps would be violating federal law by mailing any such knife outside the state of Utah. However there are two important facts you should know. One, BladeOps doesn't care about the federal law. They routinely violate it and have tacitly implied they simply are taking the risk, because for their purposes this law is unenforceable and the feds don't care enough to do anything about it (as we speak, there is a bill in Congress to get rid of this law. Fingers crossed!). Two, you as the buyer have zero liability. Both the federal law and the state law only target sellers.
 
They routinely violate it and have tacitly implied they simply are taking the risk, because for their purposes this law is unenforceable and the feds don't care enough to do anything about it (as we speak, there is a bill in Congress to get rid of this law. Fingers crossed!). Two, you as the buyer have zero liability. Both the federal law and the state law only target sellers.

^this

That's why I have most of my autos. The Federal Gov't and State Gov'ts need to really revisit auto laws so they can see how antiquated and asinine these restrictions are.
A knife is a knife..a tool is a tool.
 
There are 2 bills up for repealing the Switchblade Act - both are labeled "Knife Owner' Protection Act".

One is backed by Knife Rights and the other by AKTI.

The KR bill is HB 84.

The AKTI bill is SB 1315.

Comparing the 2, the KR bill is the one real knife owners want to see passed. The AKTI version is just lipstick on a pig.
 
zzyzzogeton said:
There are 2 bills up for repealing the Switchblade Act - both are labeled "Knife Owner' Protection Act".

One is backed by Knife Rights and the other by AKTI.

The KR bill is HB 84.

The AKTI bill is SB 1315.

Comparing the 2, the KR bill is the one real knife owners want to see passed. The AKTI version is just lipstick on a pig.
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Thanks for the endorsement. Just to make sure there's no misunderstanding, the correct bill number for our KOPA bill is H.R. 84, which as noted does include repeal of the Federal Switchblade Act. https://kniferights.org/legislative...2017-includes-federal-switchblade-act-repeal/

The AKTI bill is S. 1092 (NOT SB 1315. FYI, S. 1315 was their 2015 bill) which does NOT include repeal of the Federal Switchblade Act. It is also now titled simply "Interstate Transport Act," which seems pretty appropriate given the lack of protection for knife owners.
 
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Thanks for the correction, Doug.

Sometimes it's difficult to keep the various HB HR SB SR designations straight.
 
I live in California and I've ordered switchblades from a few different online retailers, including one sponsor of Bladeforums, and I've always received what I ordered with no issues, and no questions asked.
 
The Lightning Elite will ship to CA via UPS and FedEx no issues I know that. Not something I’d plan to like have on me outside. I always just carry a Spyderco Endira or a Cara Cara for outside. OTFs are just super neat. Got mine like a fidget spinner. I didn’t realize it’s not legal in Sacramento but I believe the rest of CA they are fine. And I mean they are very visible in a pant pocket with the deep carry clips. I’ve worked construction my whole life and it’s just become a habit to always have a little pet bar and pocket knife. Unfortunate that a few criminals ruin for the rest of us. Would love to have cool toys like they get in Texas but in CA lol.. not gonna happen. Sucks.
 
Dfunk1210 said:
I know that no online retailer will ship autos of any kind including otfs to California. But in the case of that "assisted" otf, I am not sure.
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Where did you get that? I have got all kinds of autos, in LA county, from reputable dealers as well as individuals, with absolutely no problem, as has everyone else. Where are you getting this, my friend? Are you in CA?
 
killgar said:
I live in California and I've ordered switchblades from a few different online retailers, including one sponsor of Bladeforums, and I've always received what I ordered with no issues, and no questions asked.
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What sponsored sites have you had continued success with?
 
SharpLeRoy said:
What sponsored sites have you had continued success with?
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Uhh, no offense intended, but you're new here, I don't know you, and your first post is to ask me which Bladeforums sponsor shipped me switchblades across state lines.

Sorry, I'm drawing a blank. My memory isn't what it used to be.

Switchblades? What switchblades? I don't know anything about any switchblades? What's a switchblade?
 
killgar said:
Uhh, no offense intended, but you're new here, I don't know you, and your first post is to ask me which Bladeforums sponsor shipped me switchblades across state lines.

Sorry, I'm drawing a blank. My memory isn't what it used to be.

Switchblades? What switchblades? I don't know anything about any switchblades? What's a switchblade?
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Whatever man, be lame. Just another enthusiast, I get the hesitation I guess, not that I can extrapolate any information about you youself. Go ahead an keep gatekeeping
 
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