- Joined
- Jun 29, 1999
- Messages
- 267
OK, read this, the whole thing. The moronic legislators are at it again. Remember that Mad Dog Generation X you spent so much on? Well it's about to become a FELONY/misdemeanor to OWN! Along with Delta Darts, CAT Tantos, Lnsky knives, and any other nonmetallic knife. And the sad part is, NO ONE IS TRYING TO STOP IT. this is why you need to read the whole thing. So here it is.
BILL ANALYSIS
{u AB 1188
u} Page 1
Date of Hearing: April 20, 1999 Consultant: Ignacio Hernandez
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mike Honda, Chair
AB 1188 (Runner) - As Amended: April 14, 1999 {u u}
{u SUMMARY u} : Prohibits manufacturing and selling knives capable of
evading detection by metal detectors. Specifically, {u this bill u} :
1)Defines "undetectable" as not detectable by a walkthrough
metal detector set at standard calibration.
2)Relies on Penal Code Section 12020(c)(24) to define dirk or
dagger as a "knife or other instrument with or without a
handguard that is capable of ready use as a stabbing weapon
that may inflict great bodily injury or death."
3)Makes it a misdemeanor, punishable by up to six months in
county jail or a fine not to exceed $1,000, to manufacture,
cause to manufacture, import into the state, keep for sale,
offer or expose for sale, any undetectable knife, dirk, or dagger.
4)Requires any knife, dirk, or dagger, manufactured in
California after January 1, 2000, to include metallic
materials in its blade that will ensure that it is detectable
by a walkthrough metal detector set at standard calibration.
{u EXISTING LAW u} :
1)Defines "dirk" or "dagger" as a knife or other instrument with
or without a handguard that is capable of ready use as a
stabbing weapon that may inflict great bodily injury or death.
(Penal Code Section 12020(C)(24).)
2)Makes the concealed possession of a dirk or dagger an
alternate felony or misdemeanor, punishable by up to one year
in county jail or the state prison. (Penal Code Section 12020(a).)
3)Prohibits the manufacture, sale, or possession of any writing
{u AB 1188
u} Page 2
pen knife, any lipstick case knife and any air gauge knife,
punishable by up to one year in county jail or the state
prison as the available punishment. (Penal Code Section 12020(a).)
4)Defines a "switchblade knife" as a knife with the appearance
of a pocketknife and with a blade of two or more inches.
(Penal Code Section 653k.)
5)Makes it a misdemeanor to possess or to sell a switchblade
knife. (Penal Code Section 653k.) {u FISCAL EFFECT u} : Unknown
{u COMMENTS u} :
{u 1)Author's Statement: u} According to the author, "Several tragic
events in the last decade have demonstrated the need to
improve the security in public buildings. While our current
system is far from complete, many efforts have been made to
provide secure areas for the public. One device that is
commonly used to produce these safe areas is a metal detector.
These devices play a critical role in assisting law
enforcement officers and security personnel with their jobs
and have met with great success in government buildings.
"Unfortunately, some knife manufacturers now produce bladed
weapons made from polymers that are advertised and sold with
the intent to evade detection by a metal detector. While I
believe that every adult has the right to own weapons,
including knives, there is no legitimate reason for a
law-abiding citizen to own a knife that has the exclusive
purpose of evading detection by a metal detector.
"AB 1188 simply requires the manufacturer to make these knives
detectable by a standard metal detector. It will increase the
level of safety of many California citizens and employees
while having minimal costs to manufacturers, retailers, and consumers."
2)According to the author's office, this bill's intent is to
prevent the proliferation of knives undetectable by standard
walkthrough metal detectors. These knives pose a unique
danger to the public because they are specifically designed to
evade the sensors of metal detectors commonly used at
{u AB 1188
u} Page 3
airports, courthouses and other government buildings.
{u 3)Manufacturing an Undetectable Weapon u} . Currently, the Penal
Code prohibits the manufacture of a very small class of
knives, a lipstick case, air gauge, and writing penknife.
These instruments are constructed to camouflage their true
nature such that they are not recognizable as knives. These
disguises result in a threat to public safety. For example, a
person is often searched for weapons at the entrance of a
public or private event. The person conducting the search
will be unable to identify the instrument as a knife because
of its manufactured disguise. This bill prohibits
manufacturing an undetectable knife, dirk, or dagger for a
similar reason: they are designed to evade detection at
important points of inspection.
{u 4)Lack of Intent to Manufacture an Undetectable Knife u} . This
bill penalizes the manufacturer of an undetectable knife.
However, many racial, ethnic, and religious ceremonies include
the use of knives or similar instruments. For example, a
traditional Mexican dance utilizes machetes. Often times,
these instruments are made of a synthetic material and could
be viewed as "capable of ready use as a stabbing weapon"
pursuant Penal Code Section 12020(e)(24)'s language. In
addition, these instruments would evade detection by a metal
detector. The manufacturer likely did not intend the
instrument to be used in a harmful manner, nor manufactured it
to evade a metal detector. Would this person be in violation
of law pursuant to this bill? For example, a manufacturer
produces 1,000 knives per month. Due to an unforeseen
mechanical glitch, 100 of these knives do not receive the coat
of metal-flaked paint that the manufacturer uses to comply
with the provisions of this bill. Should the manufacturer be
criminally liable? What if the fragment of metal the
manufacturer places in good faith into the blade is
undetectable? Are there other situations in which
undetectable knives are manufactured for wholly lawful
purposes? By contrast, the specific intent of a manufacturer
of a lipstick knife or the other knives currently banned by
the Penal Code is to create a weapon that upon physical
inspection will not be identified as a weapon.
{u 5)Lack of Intent to Sell Undetectable Knife u} . This bill does not
require a person selling a knife to know that the knife is
undetectable. For example, a person holds a garage sale and
{u AB 1188
u} Page 4
displays what he or she believes to be a "fake" knife. He or
she holds this belief because the instrument does not contain
a metal blade. In fact, this person is at ease because he or
she is not selling a dangerous weapon. Nonetheless, is this
person in violation of the law as proposed by this bill?
{u 6)Carrying an Undetectable Knife through A Metal Detector Is Not
Punished u} . According to the author's office, the greatest
danger posed by an undetectable knife is that it may be taken
to a public building. Specifically, the author refers to an
incident in which a man went to a courthouse, walked through
the metal detector with a sharp knife-like object, and
eventually stabbed and killed a deputy sheriff. However, had
this bill been codified prior to this incident, the assailant
would not have been punished pursuant to this bill. This bill
does not criminalize the possession of an undetectable knife.
Nor does this bill punish the carrying of a knife through a
metal detector with the intent to evade detection.
Consequently, the assailant in the above incident would not
have been punished by this bill, but only by those statutes
already in effect. In addition, because the assailant made
the instrument himself, no manufacturer or retailer would be
culpable under this bill. The author may wish to consider
amendments to punish only those persons who commit the
criminal act of carrying undetectable weapons through metal
detectors and who have the criminal intent to avoid detection of knives.
{u REGISTERED SUPPORT / OPPOSITION u} : {u Support u}
Los Angeles Deputy Sheriffs, Inc. {u Opposition u} None on file {u
Analysis Prepared by u} : Ignacio Hernandez / PUB.S. / (916)319-3744
Well, are you mad enough yet? please copy this and send it to anyone that you can who manufactures knives- This opens the door to outlawing any knife. I can see it now, "Well, this guy once killed a Sherriff with a Swiss Army Knife, so...."
------------------
Joe Glessner, owner
Sycotic Samurai Cutlery
BILL ANALYSIS
{u AB 1188
u} Page 1
Date of Hearing: April 20, 1999 Consultant: Ignacio Hernandez
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mike Honda, Chair
AB 1188 (Runner) - As Amended: April 14, 1999 {u u}
{u SUMMARY u} : Prohibits manufacturing and selling knives capable of
evading detection by metal detectors. Specifically, {u this bill u} :
1)Defines "undetectable" as not detectable by a walkthrough
metal detector set at standard calibration.
2)Relies on Penal Code Section 12020(c)(24) to define dirk or
dagger as a "knife or other instrument with or without a
handguard that is capable of ready use as a stabbing weapon
that may inflict great bodily injury or death."
3)Makes it a misdemeanor, punishable by up to six months in
county jail or a fine not to exceed $1,000, to manufacture,
cause to manufacture, import into the state, keep for sale,
offer or expose for sale, any undetectable knife, dirk, or dagger.
4)Requires any knife, dirk, or dagger, manufactured in
California after January 1, 2000, to include metallic
materials in its blade that will ensure that it is detectable
by a walkthrough metal detector set at standard calibration.
{u EXISTING LAW u} :
1)Defines "dirk" or "dagger" as a knife or other instrument with
or without a handguard that is capable of ready use as a
stabbing weapon that may inflict great bodily injury or death.
(Penal Code Section 12020(C)(24).)
2)Makes the concealed possession of a dirk or dagger an
alternate felony or misdemeanor, punishable by up to one year
in county jail or the state prison. (Penal Code Section 12020(a).)
3)Prohibits the manufacture, sale, or possession of any writing
{u AB 1188
u} Page 2
pen knife, any lipstick case knife and any air gauge knife,
punishable by up to one year in county jail or the state
prison as the available punishment. (Penal Code Section 12020(a).)
4)Defines a "switchblade knife" as a knife with the appearance
of a pocketknife and with a blade of two or more inches.
(Penal Code Section 653k.)
5)Makes it a misdemeanor to possess or to sell a switchblade
knife. (Penal Code Section 653k.) {u FISCAL EFFECT u} : Unknown
{u COMMENTS u} :
{u 1)Author's Statement: u} According to the author, "Several tragic
events in the last decade have demonstrated the need to
improve the security in public buildings. While our current
system is far from complete, many efforts have been made to
provide secure areas for the public. One device that is
commonly used to produce these safe areas is a metal detector.
These devices play a critical role in assisting law
enforcement officers and security personnel with their jobs
and have met with great success in government buildings.
"Unfortunately, some knife manufacturers now produce bladed
weapons made from polymers that are advertised and sold with
the intent to evade detection by a metal detector. While I
believe that every adult has the right to own weapons,
including knives, there is no legitimate reason for a
law-abiding citizen to own a knife that has the exclusive
purpose of evading detection by a metal detector.
"AB 1188 simply requires the manufacturer to make these knives
detectable by a standard metal detector. It will increase the
level of safety of many California citizens and employees
while having minimal costs to manufacturers, retailers, and consumers."
2)According to the author's office, this bill's intent is to
prevent the proliferation of knives undetectable by standard
walkthrough metal detectors. These knives pose a unique
danger to the public because they are specifically designed to
evade the sensors of metal detectors commonly used at
{u AB 1188
u} Page 3
airports, courthouses and other government buildings.
{u 3)Manufacturing an Undetectable Weapon u} . Currently, the Penal
Code prohibits the manufacture of a very small class of
knives, a lipstick case, air gauge, and writing penknife.
These instruments are constructed to camouflage their true
nature such that they are not recognizable as knives. These
disguises result in a threat to public safety. For example, a
person is often searched for weapons at the entrance of a
public or private event. The person conducting the search
will be unable to identify the instrument as a knife because
of its manufactured disguise. This bill prohibits
manufacturing an undetectable knife, dirk, or dagger for a
similar reason: they are designed to evade detection at
important points of inspection.
{u 4)Lack of Intent to Manufacture an Undetectable Knife u} . This
bill penalizes the manufacturer of an undetectable knife.
However, many racial, ethnic, and religious ceremonies include
the use of knives or similar instruments. For example, a
traditional Mexican dance utilizes machetes. Often times,
these instruments are made of a synthetic material and could
be viewed as "capable of ready use as a stabbing weapon"
pursuant Penal Code Section 12020(e)(24)'s language. In
addition, these instruments would evade detection by a metal
detector. The manufacturer likely did not intend the
instrument to be used in a harmful manner, nor manufactured it
to evade a metal detector. Would this person be in violation
of law pursuant to this bill? For example, a manufacturer
produces 1,000 knives per month. Due to an unforeseen
mechanical glitch, 100 of these knives do not receive the coat
of metal-flaked paint that the manufacturer uses to comply
with the provisions of this bill. Should the manufacturer be
criminally liable? What if the fragment of metal the
manufacturer places in good faith into the blade is
undetectable? Are there other situations in which
undetectable knives are manufactured for wholly lawful
purposes? By contrast, the specific intent of a manufacturer
of a lipstick knife or the other knives currently banned by
the Penal Code is to create a weapon that upon physical
inspection will not be identified as a weapon.
{u 5)Lack of Intent to Sell Undetectable Knife u} . This bill does not
require a person selling a knife to know that the knife is
undetectable. For example, a person holds a garage sale and
{u AB 1188
u} Page 4
displays what he or she believes to be a "fake" knife. He or
she holds this belief because the instrument does not contain
a metal blade. In fact, this person is at ease because he or
she is not selling a dangerous weapon. Nonetheless, is this
person in violation of the law as proposed by this bill?
{u 6)Carrying an Undetectable Knife through A Metal Detector Is Not
Punished u} . According to the author's office, the greatest
danger posed by an undetectable knife is that it may be taken
to a public building. Specifically, the author refers to an
incident in which a man went to a courthouse, walked through
the metal detector with a sharp knife-like object, and
eventually stabbed and killed a deputy sheriff. However, had
this bill been codified prior to this incident, the assailant
would not have been punished pursuant to this bill. This bill
does not criminalize the possession of an undetectable knife.
Nor does this bill punish the carrying of a knife through a
metal detector with the intent to evade detection.
Consequently, the assailant in the above incident would not
have been punished by this bill, but only by those statutes
already in effect. In addition, because the assailant made
the instrument himself, no manufacturer or retailer would be
culpable under this bill. The author may wish to consider
amendments to punish only those persons who commit the
criminal act of carrying undetectable weapons through metal
detectors and who have the criminal intent to avoid detection of knives.
{u REGISTERED SUPPORT / OPPOSITION u} : {u Support u}
Los Angeles Deputy Sheriffs, Inc. {u Opposition u} None on file {u
Analysis Prepared by u} : Ignacio Hernandez / PUB.S. / (916)319-3744
Well, are you mad enough yet? please copy this and send it to anyone that you can who manufactures knives- This opens the door to outlawing any knife. I can see it now, "Well, this guy once killed a Sherriff with a Swiss Army Knife, so...."
------------------
Joe Glessner, owner
Sycotic Samurai Cutlery