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ca knife laws, is the sog trident a switchblade?
i am being charged with posession of a switchblade ca pc 653k
but the knife in question is the sog trident
it has 2 locking mechanisms and i am pretty sure that it is not a switchblade legally
i have heard that the kershaw assisted open knives are allowed under ca law so why would this knife be any different
We didn't file to dismiss. We didn't even file to dismiss when the police testified that their whole reason for stopping me was bogus. They didn't toss that charge until half way through trial when it became clear that I would not be taking a plea bargain. They actually tried to argue that using a holster is illegal concealment of a fire arm because the holster covers it. I testified in my own defense. I ended up getting job offers and thanks from the jury. CA dep of justice serves criminals.
2 Answers
- MooreLv 71 decade agoFavorite Answer
You would be correct. The SOG trident is NOT a switchblade under the CA definition. CA Penal Code 653k makes the following exception:
"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."
I personally own an SOG trident myself. They fall within this exception. The police officer who cited/arrested you apparently isn't so up to speed on the details of the law. Eh, it happens. Don't worry, if the prosecutor doesn't throw it out themselves (called "nolle prosequi"), you'll walk all over them at trial. Be sure you get a lawyer, and file a motion to dismiss immediately. Another resource is a knife law consultant named Bernard Levine who can help you if needed (info below).
One last thing: If you were arrested, and you get a nolle prosequi or a dismissal of charges before trial, consider suing the cop under Federal law 42 U.S.C. § 1983 (your attorney will know what I mean)
Source(s): http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdoc... http://www.knife-expert.com/ http://reviews.ebay.com/Spring-Assist-Knife-Laws-L...