New California Issue

CJ Buck

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Last week AKTI's alterations to switchblade law were put to the test. A judge was ruling on a benchmade model 910 Striker and whether it was a switchblade under 653k.

Chris Michele, the lobbyist AKTI used in the past was called to testify as an expert witness in the case.

The Judge ruled it was not. Then the judge issued a statement that he would have a reconsideration proceeding on Monday 11/3. Chris will testify in that as well.

AKTI added language through SB 274 in 2001 that said if there is a bias toward closure through a detent or other mechanism the knife was exempt from switchblade law. The judge felt that language of "easily opened" or "strong flip of the wrist" was too ambiguous for him to make a ruling.

Law enforcement continues to want to focus on possession as it is easy to prove.

As a result of the enactment of SB 274, effective January 1, 2002, California Penal Code Section 653k reads as follows
Every person who possesses in the passenger’s or driver’s area of any motor vehicle in any public place or place open to the public, carries upon his or her person, and every person who sells, offers for sale, exposes for sale, loans, transfers, or gives to any other person a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor.
For the purposes of this section, “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 is designed to open 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 utilizes a detent or other mechanism that provides resistance that must be overcome in opening the blade, or biases the blade back toward its closed position.
For purposes of this section, “passenger’s or driver’s area” means that part of a motor vehicle which is designed to carry the driver and passengers, including any interior compartment or space therein.


As more happens I will update....
 
The judge initially ruled the Benchmade 910 was not a switchblade and thus the case was dismissed. He is revisiting his own ruling on monday and that is where Chris will be testifying again.
 
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