The recent action taken in regards to the US Customs and Boarder Patrol's attempted reclassification of AO's as automatics actually clarified the issue.

Yes, in simple terms, the reality that you have to push on something on the blade seems to be the easiest way to explain it. In reality, the legal issue that defines an AO vs. a switchblade, is the bias towards closing. If the knife has a bias towards closing, that must be overcome, it does not fit the definition of an automatic/switchblade.

So if you push the blade out, let's say 15% and let go (and the AO takes over at 30%) the knife will close itself. AO's have this, automatics don't.

As for state law... The reality is, the LEO on the beat may still take you in for an "automatic" knife. It is his call on the street. Now will it hold up in court? Depends on how good a lawyer you get. When an officer takes you into custody, you are not being convicted of a crime. You are being arrested. The burden to arrest someone is not near as steep as the burden to convict them.

As for asking your local police dept for guidance, I don't recommend that. Most are not going to know about the issues, and will not give you good advice. The best you can expect is what they would interpret the law as, and they may or may not be right.

No lie, I once had a police officer friend of mine, tell me the Spyderco Cricket... THE SPYDERCO CRICKET!!! I was carrying was an "legal" knife. The reasons he explained for being so, were pure nonsense.

Law enforcement, is like emergency medicine. They pretty much see the same 7 things happen, and they know that well... Get outside that and you are pushing your luck.

This message has been edited. Last edited by: Mark G.,

How often do people get arrested for their knives and how does that come about? I mean, if you have a concealed gun on you and now CCW that is one thing. But if you get pulled over or have some other interaction with a LEO are you required to tell them you are carrying a knife? And do they then often want to see it and check to see if its an auto or not?

I have an Ohio CCW, but that only pertains to handguns as I understand it.

Indeed on the emergency medicine. Come to my ER and ask me about your funky disease and you're likely to get a funky answer. Ask me about your chest pain and I'm all set.

It depends on the context, and it depends a lot on who you are, where you are, what time it is, and how you are dressed...

If you are young man, who looks a bit (or a lot) like a punk, you will get busted for just about any knife.

If you a middle class dad in a mini van, you are pretty safe.

Depends on the knife you are carrying, if you want to disclose it. In Ohio, if you have a CHL, you will be asked if you have your gun with you (during a traffic stop) so that is all you are asked to disclose.

For me, if I am asked to leave my vehicle, I might disclose I have a pocket knife, if not I would not disclose it.

quote:

Originally posted by Mark G.:

It depends on the context, and it depends a lot on who you are, where you are, what time it is, and how you are dressed...

I agree Mark. The problem that some people might run into is your very scenario, where it is left up to the discretion of the Police Officer. Don’t get me wrong; I have the utmost respect for our LEO’s out there. Those guys put their lives on the line every time they put on their uniform (or suit) and go out to enforce the law and protect us. What I would be concerned about is if a particular Officer had a bias and would use his discretion to advance that thought. That is why I think that if you are going to carry a knife that might be in a gray area you should know your rights.

quote:

Originally posted by PhantomLove:
Man I wish FL and the rest of the country were as fortunate as you all in CA. I want a mini infidel so bad but can't carry it without getting a CWP.

Unless Florida law has changed very recently, you can open carry practically anything here, including side-opening and OTF autos. The CWP allows you to carry concealed. In CA, you can't carry an auto of any kind unless the blade is under 2"

It just depends on your state's weapons statute, and the cases that have interpreted it. I wouldn't even rely on some lawyer to be honest with you. If a cop nails you, it won't make a difference that some guy said it was ok. Look at the statute (not often fun).

In Oklahoma, you're fine to have autos in your home and personal property, but not in "public" with a Concealed Carry Permit or not. The concealed carry permit in OK extends only to handguns. It is designated by class.. Derringer (only), Revolver (derringer and revolver only) and SemiAuto (your choice of the 3). Assisted open knives are fine and the blade length limit is 4" for folders.

I don't carry fixed blade knives except when camping, so I usually concern myself with the laws there.