Spring Assisted Knife Laws
Legal Definitions:
Switchblade
A switchblade (also known as automatic knife, switch, or, in
British English flick knife) is a type of knife with a folding blade that springs
out of the grip when a button or lever on the grip is pressed. There are two
basic types: side-opening and out-the-front (OTF). A side-opening knife's blade
pivots out of the side of the handle (in the same manner as an ordinary folding
knife). An out-the-front knife's blade slides directly forward, out of the tip
of the handle. Many OTF (out-the-front) knives work with a dual-action
mechanism that enables the user to extend and retract the knife in one press of
the finger, with no cocking or priming action. However, some OTF
(out-the-front) knives are single action, and require the user to manually
retract the blade. A wide variety of blade designs may be found on
switchblades, but the most common is the Italian stiletto style seen often in
movies. However, the switchblade should not be confused with the butterfly
knife (balisong), assisted-opening knife, or the non-automatic stiletto.
Assisted-Opening Knife / Spring-Assisted Opening Technology
A spring-assisted knife is a knife that when you push on the thumb stud to open it a spring takes over and propels the blade open. Spring-assisted knives make a great alternative to automatic knives. A Spring / Torsion assisted knife is a type of knife which uses a spring assisted mechanism behind the blade. They open by the ambidextrous thumb stud on the blade with a slight bit of pressure. They are commonly confused with switchblades, but have one main difference. While a switchblade can be opened usually with the push of a button within the handle, the user of a spring-assisted knife must apply slight pressure to the thumb stud and the spring/torsion assisted mechanism does the rest. Once the knife has been opened about one-quarter of the way (45°), the mechanism will open the knife the rest of the way. A/O knives are Assisted - Opening which are also Spring - Assisted knives.
US Assisted Knife
Law
CALIFORNIA is the basis of all law due to it being typically the hardest and most progressive
California State Senator Betty Karnette
of the 27th District is the author and who is responsible for Bill SB 274 and
the legalization of Spring Assist Knives.
Senator Karnette realized that Spring Assist Knives are extremely functional
tools by law-abiding citizens and that these knives serve an important utility
to many knife users, as well as firefighters, EMT personnel, hunters,
fishermen, and others who utilize one-handed opening knives, then the
prohibition of such items is obstruction to justice & complete disregard to
the laws of California who is the governing body over Paypal and eBay, because
they are San Jose based companies.
Spring Assist Knives are intended to save lives while an EMT, Firefighter, or
Law Enforcement Officer is trying to get you out of an automobile accident or
any other viable problem. They have saved skydivers lives that had to cut
parachute lines. They have saved countless fishing poles when a line is
needed to be cut. They are also essential to handicap individuals whom
happen to have one arm. Special Thanks to Senator Betty Karnette is in
order because if it were not for her we would loose more of our rights in this
country and also not have tools that are lifesaving instruments.
LEGAL LAWS & STATE STATUTES OF CALIFORNIA
The rules on "what is a legal pocketknife versus a switchblade" are
contained in Penal Code 653k. In it's entirety (current effective
1/1/2002):
653k: 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 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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Bill SB 274, clarifies the definition of a one-hand opening knife so
they are not wrongly classified as switchblades. Bill SB 274 clearly states:
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, 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. Definition of Switchblade knife does not include a knife
that is designed to open 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 (a) provides resistance
that must be overcome in opening the blade, or (b) biases the blade back toward
its closed position. In order to ensure that only legitimate one-handed opening
knives are covered, SB 274 narrows the language to only allow knives to fall
under the exemption from the switchblade law if that one-handed opening knife
contains a detent or similar mechanism. Such mechanisms ensure there is a
measure of resistance that prevents the knife from being easily opened with a
flick of the wrist. Moreover, a detent or other mechanism is prudent and a matter
of public safety as it will ensure that a blade will not inadvertently come
open.
Read Senator Betty Karnette's exact words in a letter published to the Secretary of the Senate.
Published in the July 18, 2001 edition of the Senate Daily Journal on page 2070.
DRAFT - LETTER TO THE SENATE DAILY JOURNAL
July 5, 2001
Mr. Gregory Schmidt
Secretary of the Senate
Dear Greg:
The purpose of this letter is to express the Legislature’s
intent in enacting my SB 274, which makes amendments to Penal Code Section
653k.
Section 653k makes it a misdemeanor to make, sell or possess
upon one’s person a switchblade in California. The statute was enacted in 1957
and provides a length definition of a switchblade knife. In 1996, AB 3314 (Ch.
1054) an exemption was created for one-handed folding knives. Recently, there
has been concern that the language of the exemption is broadly read to apply to
knives that are essentially switchblades, but are designed to fall under the
language of the exemption.
In order to ensure that only legitimate one-handed opening
knives are covered, SB 274 narrows the language to only allow knives to fall
under the exemption from the switchblade law if that one-handed opening knife
contains a detent or similar mechanism. Such mechanisms ensure there is a
measure of resistance (no matter how slight) that prevents the knife from being
easily opened with a flick of the wrist. Moreover, a detent or other mechanism
is prudent and a matter of public safety as it will ensure that a blade will
not inadvertently come open.
Although some one-handed opening knives can be opened with a
strong flick of the wrist, so long as they contact a detent or similar
mechanism that provides some resistance to opening the knife, then the
exemption is triggered. These knives serve an important utility to many knife
users, as well as firefighters, EMT personnel, hunters, fishermen, and others
utilize one-handed opening knives.
The exemption created in 1996 was designed to decriminalize
the legitimate use of these extremely functional tools by law-abiding citizens.
SB 274 is not intended to interfere with those knife owners and users. The
amendments to Section 653k accomplish this important purpose by establishing
more objective criteria for determining whether a knife meets the intended
exemption to the switchblade law.
Sincerely,
BETTY KARNETTE
Senator, 27th District
Who is Senator Betty Karnette?
After working for over 30 years
as a public school teacher, Betty Karnette served one term in the State
Assembly then went on to be elected to the State Senate in 1996. She is a
member of the board of directors of the Long Beach Memorial Hospital Children's
Clinic and is also an Associate Board Member of Sage House in San Pedro, which
operates adult day care programs.
Senator Karnette completed her Master's Degree at California State University, Long
Beach while working full-time. A native of Paducah, Kentucky, Betty and her
husband, Richard, have lived in Long Beach since 1952. They have one daughter.
UK Assisted Knife Law 
The Criminal Justice Act 1988 (Offensive Weapons)
The law makes no mention of ease or speed of accessibility
to a blade, after all, simplistic and fast access merely makes a blade easier,
safer and quicker to deploy; it does not make it more offensive as a weapon -
it is still a blade, just more useful for legitimate users. Those who
perpetrate crimes abusing knives have their blades drawn long before they
intend to use them, as offensive crimes involving knives are almost entirely
pre-meditated.
In the UK we do have a prohibition upon Switchblades (or full-auto's to give
them their correct term). This law was passed 50 years ago in response to some
quite horrific attacks by the so-called Teddy Boys of the era, and at the time
the new law probably made sense. But even then, no mention of speed of blade
deployment contributed to the prohibition - just the abuse of the style of
knife.
In basic essence the main difference between a full-auto and a semi-auto is the
external trigger, and the internal power source. A full-auto uses a spring to
power the blade and a button to release the blade from the handle. By contrast,
a semi-auto uses a pre-tensioned crescent shaped steel bar to provide the
power, and the user is required to depress the blade in some way - either by
the use of a thumb stud or some protrusion on the blade itself. Because the
user’s hands are clear of the sharpened portion of the blade during deployment
they are far safer than a traditional knife where the users hand must come into
forcible contact with the blade.
Small differences admittedly, but differences nonetheless; and the law is all
about detail. Thus a semi-auto is not prohibited in the UK in the same way that
a full-auto is and logically this makes sense - ANY knife (or ANY other tool for
that matter) can be dangerous in the wrong hands IRRESPECTIVE of configuration,
size, ease of use, or geometry. This amounts to criminal abuse of what is just
a tool let's not forget.
QUICK DRAW
The Spring
Assist Knife UK DEBATE
When Kershaw revealed the Chive at the Shotshow in America during 2003, people were amazed at the simplicity of it’s' design. After all, how could someone pack so much technological advancement into such a small package? Acclaimed American custom knife maker Ken Onion is the man behind this wonderful new design. But perhaps the origin's of Mr. Onion's marvel need a little more exploring.
Kershaw's little Chive has proved to be quite a controversial showpiece. So what's the secret behind it's incredibly easy-to-use blade deployment mechanism...
design protocol...
Some have questioned the
legality of carrying something that opens so readily, yet the law is quite
clear. The Dangerous Weapons Act that banned automatic knives defines an auto
as 'any knife powered by a spring, or operated by a button or any other device
attached to the handle'.
Strangely enough, this law was based on US California Law which has exactly the same legal definition. Of course, the Chive has neither a spring nor any device attached to the handle, relying instead on a pre-tensioned steel bar to provide the power (an invention pioneered by Blackie Collins on the Meyerco Power Assisted range). It also features an extended tang that protrudes from the handle, another idea developed from Kit Carson's Flipper system found on his Columbia River M16 models.
Combine the two ideas and ... wow! It's fast alright, but still within the limits of acceptability.
Some argue that this just exploits a loophole within the law, but I would point out that this is just extremely clever conceptual design and it should be appreciated as such. Kershaw promote the safety aspect of the design, and irrespective of whether it is fast or not, you can't escape the fact that the whole idea is to provide a tool which is easily and readily available for use with maximum safety in mind.
conclusion...
The ease with which the tool is useable in no way makes it any more or less 'offensive' than any other knife, just safer for the user and others in close proximity to it's use.
The automatic knife has accumulated a bad reputation over the years. Terms like 'flick knife' banded about by our tabloid press have not helped. Lets not forget that the original auto's pioneered by Schrade Cutlery during the 1920's were developed as a tool for fishermen to cut nets in extreme sea-going conditions where a rough swell and a snagged net could sink a trawler.
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Canadian Assisted Knife Law
The Canadian Criminal Code states exactly this:
In sec. (84)(1)(b) "any knife that has a blade that opens automatically by gravity or centrifugal force, or by hand pressure applied to a button, spring or other device attached to the handle of the knife".
There are no other knife banning laws in Canada.
SPRING ASSIST ARE NOT GRAVITY OR CENTRIFUGAL FORCE, AND HAVE NO BUTTON ON THE HANDLE, WHICH MAKES THEM PERFECTLY LEGAL TO OWN, USE, AND CARRY.
Australian
Assisted Knife Law
WEAPONS PROHIBITION ACT 1998 - SCHEDULE 1
SCHEDULE 1 – Prohibited weapons
(Section 4 (1))
1 Knives
(1) A flick knife (or other similar device) that has a blade which opens automatically by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the knife .
(2) A ballistic knife that propels a knife -like blade of any material by any means other than an explosive.
(3) A sheath knife that has a sheath which withdraws into its handle by gravity or centrifugal force or if pressure is applied to a button, spring or device attached to or forming part of the sheath, handle or blade of the knife .
(4) An Urban Skinner push dagger or any other device that consists of a single-edged or multi-edged blade or spike that has a handle fitted transversely to the blade or spike and allows the blade or spike to be supported by the palm of the hand so that stabbing blows or slashes can be inflicted by a punching or pushing action.
(5) A trench knife or any other device that consists of a single-edged or multi-edged blade or spike that is fitted with a handle made of any hard substance that can be fitted over the knuckles of the hand of the user to protect the knuckles and increase the effect of a punch or blow, or that is adapted for such use.
(6) A butterfly knife or “balisong” or any other device that consists of a single-edged or multi-edged blade or spike that fits within 2 handles attached to the blade or spike by transverse pivot pins and is capable of being opened by gravity or centrifugal force.
(7) A star knife or any other device that consists of a number of angular points, blades or spikes disposed outwardly about a central axis point and that are designed to spin around the central axis point in flight when thrown at a target.
SPRING ASSIST ARE NOT GRAVITY OR CENTRIFUGAL FORCE, AND HAVE NO BUTTON ON THE HANDLE, WHICH MAKES THEM PERFECTLY LEGAL TO OWN, USE, AND CARRY. In the Handle it is in plain and clear English with no amendments stating otherwise.