Is it a crime or felony?

[Kairos]

I know that the knife laws are somewhat complicated in CA, but I wanted to know from an officers eye view of this situation, (there is a DUI check point and I get pulled over, and the officer tells me to get out of the car to check me to see if I’m under the influence of alcohol, and searches me and finds a spring assisted knife like the one in the photo, can I go to jail for just having it on me, even though I meet the legal requirements in my state, which is CA). The reason why I ask is that I would like to purchase a knife like this as an EDC knife. But I know as a young guy in my late 20s, it might raise suspension of some kind.

So what are your thoughts concerning this issue? And what are the chances on an officer sending someone to jail for just carrying a knife like that? What can be done if it were to happen?

[eaker995]

I know that the knife laws are somewhat complicated in CA, but I wanted to know from an officers eye view of this situation, (there is a DUI check point and I get pulled over, and the officer tells me to get out of the car to check me to see if I’m under the influence of alcohol, and searches me and finds a spring assisted knife like the one in the photo, can I go to jail for just having it on me, even though I meet the legal requirements in my state, which is CA). The reason why I ask is that I would like to purchase a knife like this as an EDC knife. But I know as a young guy in my late 20s, it might raise suspension of some kind.

So what are your thoughts concerning this issue? And what are the chances on an officer sending someone to jail for just carrying a knife like that? What can be done if it were to happen?

I often wonder the true issue behind these types of questions. You answer your own question but still wonder. Doesn't makes sense to me, but oh well.

If the knife is legal in CA and you get stopped in CA with it in your pocket, why would you go to jail?

If the knife is legal in CA but you get stopped in, let's say, Nevada and it's not legal in Nevada, would you go to jail?

The question answers itself on this one.

As far as what can be done, if you are arrested because you have the knife in your pocket, this answer goes for every state in the Union, get a lawyer and explain at trial.

[L-1]

I am not familiar with the knife in question but you indicate it is "spring assisted." There are two sections of the California Penal Code you whould be aware of. They are as follows:

17235. As used in this part, "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.

and

21510. Every person who does any of the following with a
switchblade knife having a blade two or more inches in length is
guilty of a misdemeanor:
(a) Possesses the knife in the passenger's or driver's area of any
motor vehicle in any public place or place open to the public.
(b) Carries the knife upon the person.
(c) Sells, offers for sale, exposes for sale, loans, transfers, or
gives the knife to any other person.

[RR_Security]

I know that the knife laws are somewhat complicated in CA, but I wanted to know from an officers eye view of this situation, (there is a DUI check point and I get pulled over, and the officer tells me to get out of the car to check me to see if I’m under the influence of alcohol, and searches me and finds a spring assisted knife like the one in the photo, can I go to jail for just having it on me, even though I meet the legal requirements in my state, which is CA).

Oooookay . . .
1) Reads like a question, without a question mark.
2) Unless you're showing signs of intoxication, the officer is probably not going to tell you to get out of the car, and is even less likely to search you without at least having reasonable suspicion that you are committing, have committed, or are about to commit a criminal offense.
3) The above does suggest that you're asking about something that's legal in CA but might not be legal in a different state. That is a self-answering question, if you think about it at all. If the other state's law says you can't possess it in that state, it doesn't matter that your state allows it.
Read the last three sentences of L-1's reply, and then Google "Shaneen Allen." She's an example of a good person who made a bad assumption about another state's laws.
4) You are now in the running for the longest run-on sentence in AAC for 2015.

Conclusion: You are colossally bored, or trolling, or maybe both.

[ateamer]

What do you mean in the thread title, is it a crime or felony? That makes no sense. A felony is a level of crime.

[Country_Jim]

Answer removed.


*****EDIT************
OP has asked the same question mulitple times in different sections of this forumn (including the California Section) and has received answers. I'm sorry I wasted my time answering the OP's question.

[Country_Jim]

R&R,

Your profile doesn't show you as LE. If you're not the OP, please don't post in Ask a Cop.

Stay safe.

*****Edit*******

I quoted the wrong guy. Sorry Eaker.

[chapwolfe]

Your profile doesn't show you as LE. If you're not the OP, please don't post in Ask a Cop.

Stay safe.

Eaker995 is a confirmed LEO on PoliceOne.com

[Country_Jim]

Thank you Chapwolf,

I quoted to wrong guy, I meant R&R. Sorry Eaker.

[Kairos]

I often wonder the true issue behind these types of questions. You answer your own question but still wonder. Doesn't makes sense to me, but oh well.

If the knife is legal in CA and you get stopped in CA with it in your pocket, why would you go to jail?

If the knife is legal in CA but you get stopped in, let's say, Nevada and it's not legal in Nevada, would you go to jail?

The question answers itself on this one.

As far as what can be done, if you are arrested because you have the knife in your pocket, this answer goes for every state in the Union, get a lawyer and explain at trial.

The reason I ask is because every officer has a different mind set and idea of people with knives.
Especially when it involves a young guy. This is not a prejudice thought but a reality.

[eaker995]

R&R,

Your profile doesn't show you as LE. If you're not the OP, please don't post in Ask a Cop.

Stay safe.

*****Edit*******

I quoted the wrong guy. Sorry Eaker.

No worries. I didn't even get to see it first.

Kairos, it doesn't matter what we think or "how we see it". We do not decide the legality of a knife of what the offense carries, the state legislatures do that. You asked would you go to jail if it's legal in CA and you were stopped in CA. If it's legal, why would you go to jail unless there were other offenses at play? It's not like we say "he's too young to have a knife like that. I hope he went to Boy Scouts to learn how to use it. Nah, I'll just lock him up anyway." Some people think that's how it works but if there is no legal basis for you to be incarcerated then we CAN NOT arrest. We are on the hook if that happens.

What's the real reason behind this question? I did read your post in the CA portion of the site and you have been stuck on this for quite a few months now, especially the whole DUI checkpoint aspect. You get hooked up on it? If you are honest that you just want to buy one, you are WAY overthinking things.

[Iowa #1603]

R&R,

Your profile doesn't show you as LE. If you're not the OP, please don't post in Ask a Cop.

Stay safe.

*****Edit*******

I quoted the wrong guy. Sorry Eaker.

Jim
RR Security is Railroad Police...........and/or close enough...................he has been posting here for years

[PhilipCal]

Kairos, What side of the bed did you get out this morning? Your question has been answered from just about every imaginable perspective. With that in mind, here's a thought. Stay home. Don't move. Don't go anywhere. If you do, don't get drunk. Don't get stopped. Don't carry a knife.

[BikeCop501]

The answer is always yes.