What would these knives fall under in terms of knife laws?

[Knife_Collector_101]

I’ve seen videos of these on YouTube, the Black Eagle “Retractable Guard” knife and the Microtech VenomTech.

The Black Eagle is actually a fixed blade knife in which the little guard that sheaths the blade retracts back automatically via a switch and is sheathed again automatically by pushing the switch up. Like a reverse OTF almost. My question is, would it still be considered an automatic knife in jurisdictions that prohibit autos or would it be considered a fixed blade? It would be an interesting topic for a lawyer to explore. The company that produced them I believe is the same one that produced the Super Automatic and NATO Military OTFs. They supposedly came out with these Retractable Guard Black Eagle knives in the late ‘80s as a way to get around the laws in areas where they couldn’t sell OTFs.

The Microtech VenomTech seems like it would be another interesting legal topic. It functions like a regular double action OTF, but at least 1.5” of the blade is already exposed and when you push the switch up it automatically extends the blade so you basically have an OTF with the blade longer than the handle. Retracting it back will always leave the tip of the blade exposed and the knife is carried in a sheath so the exposed part is covered. Since part of the blade is already exposed and not covered by the handle, does it qualify as a fixed blade and not an automatic? Most laws on automatics state that the blade has to swing or shoot open automatically with a button or switch. The switch in this case doesn’t shoot the blade open, it extends it to a larger length.

I look forward to some thoughts on these. Some jurisdictions may still look at these autos while other places may let them slide due to these technicalities.

 

[zzyzzogeton]

The blades are exposed by pressing a button in the handle on both models. They are switchblades by definition. No jurisdiction is going to let "technicalities" matter when it comes to arrests and prosecutions. If it looks like a duck and acts like a duck, it isn't a possum.

The fact that the Black Eagle is a fixed blade is immaterial. The blade is "rapidly" placed into an operational state by pushing a button in the handle. No switchblade law states that the blade must be the moving part that exposes the blade.

Hoping to bypass switchblade prohibitions based on a technicality is wishful thinking at best. More like a conviction waiting to happen.

 

[killgar]

Interesting question.

In regards to California state law, the definition of "switchblade" (CA penal code 17235) specifically refers to the blade being released, not exposed, presented, or revealed etc.

It's possible that under CA law the Black Eagle might not meet the legal definition of a "switchblade". I'm pretty confidant though that the Microtech would meet that definition.

But of course, there are internet forum theories about the law, and then there is REALITY.

The REALITY is, while it's possible that a cop, prosecutor, or judge might decide the Black Eagle doesn't meet the legal definition of a switchblade, it's just as possible that they will all decide to let a jury, and the Appeals Court decide. Which would take a long time, be a major hassle, and which would cost you a lot of money, and possibly your freedom. It would not be fun.

And if either of those knives were carried concealed in California, they might be regarded as a concealed fixed-blade. And that puts you right back in the legal jackpot.

My advice would be, as far as California is concerned, carry a different knife. There is an almost infinite variety of knives that are clearly legal to carry in this state that would serve any need for a knife that a person might possibly have, why risk big trouble carrying one of those mentioned here.

Years ago, I asked my attorney, who was very wise and knowledgeable about California knife and weapon laws, and how the legal system works, a question about carrying a particular knife. I asked him if there was any case law that could provide legal clarity. Case law being a definitive legal determination by the State Supreme Court after someone is convicted of a crime and has appealed their conviction. And his answer to me, intending to dissuade me from doing something legally questionable was "No. Do YOU want to become the case law?".

My answer to that was and is a definite NO.

My advice- don't become a case law.

 

[Knife_Collector_101]

Thanks for the insight. Guess it wouldn’t be worth risking. It’s not like I’d carry these knives even if I legally could. They seem rather impractical as far as EDC goes. They’re more conversation pieces or collector’s items.

I’ve heard some people say the Camillus Lev-R-Lok could be looked at as a switchblade in some jurisdictions. While it is actually a manual knife with no spring mechanism, it’s possible the lever on the handle which manually forces the blade open could put it in a gray area. You have the option to open it slow or fast with the lever mechanism. It may technically be a safer option than the Black Eagle or VenomTech since there’s no spring action involved. I guess if you opened it slowly in public and didn’t apply full force to whip it out at switchblade speed, you won’t draw any attention to yourself.