Where does AKTI stand on this?

Discussion in 'American Knife & Tool Institute' started by SycoticSamurai, Sep 4, 1999.

  1. SycoticSamurai

    SycoticSamurai

    267
    Jun 29, 1999
    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...."


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    Joe Glessner, owner
    Sycotic Samurai Cutlery

     
  2. James Mattis

    James Mattis

    Oct 3, 1998
    There's some discussion of this same post over in the "General" forum.

    www.bladeforums.com/ubb/Forum1/HTML/004521.html

    The bill text quoted above has been amended since. It's not as bad as it was, which is good because it's been passed by both houses unanimously and sent to the governor, but it's still a long way from "good law."


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    - JKM
    www.chaicutlery.com
    AKTI Member # SA00001
     

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