Spring assisted knives

I've handled a couple of cases involving spring assisted knives, and I thought I'd do a short article on some of the issues.  As you probably know -- it's not a crime to carry a "common pocket knife" concealed without a CWP -- but what the heck is a "common pocketknife"?

Well . . .  the Florida Supreme Court says, at a minimum --  it's any pocketknife that has a 4" or less blade that folds back into the knife.  It might extend to other types of common pocketknives -- but that's the current presumed  somewhat "safe" definition of "common".   It sounds nice . . . but having little knowledge of how these things really work --   the appellate courts of Florida have managed to screw this easy definition up by adding that it can't have "combat knife" characteristics.  Whatever the hell that means.

So -- in essence -- it boils down to who is the responding police officer,  who is your State Attorney,  and if worse comes to worse -- who is the judge, or who's on the jury.  (and having a real good attorney who actually understands this stuff, doesn't hurt, either).

A spring assisted knife is, according to federal law -- is a type of "switchblade" knife that gets special treatment under the law.  You can sell and transport "spring assisted knives" across state lines per federal law -- but not ordinary switchblades.  That's because the "spring assisted" has a detent or other mechanism that requires movement before the spring release comes into operation.  To be honest -- you'd probably need an expert to tell the difference other than you usually have to give the release a bit of a push in the spring assisted.

On the other hand -- since 2009 when federal law changed -- these knives have taken over the pocketknife market.   They easily outsell anything else by over 50%!!!   If you go to a gun show -- or go to a knife store -- this is gonna be the most prolific knife you'll see on display -- and the most popular seller you'll encounter.  Plus -- to be honest -- they really are the most useful since one hand operation is really handy -- and in an emergency -- almost a necessity.

But . . .  is it "common"???

Well . . .  if you're into this stuff . . .  sure!   Everybody is buying them -- and in the personal carry knife owner market -- has them.  Just make real sure the blade doesn't exceed 4 inches.  Plus -- to be safe -- you'd want the blade to "fold" into the knife vs. "retracting" into the knife.  I'm not saying it couldn't -- I'm just saying that isn't really safe for now -- because it's a jury question the way the law sits today.  One jury may say "fine" -- it's a "common" pocketknife.   Another may convict you.   Sucks!

The courts have not resolved or even really addressed the "spring loaded" issue.   And,  when you talk about the stupidity of  also trying to define a "combat" style knife vs. "common" -- we get into all sorts of issues such as blade thickness,  finger guards, type of point and edge, etc., etc. etc.   Again -- the real problem is most judges don't know knives, most jurors have no idea about knives,  most attorneys are clueless,  and since the appellate courts rely on the attorneys for info on these type cases -- they know even less -- because the entire legal chain lacks experience and familiarity in the area.

So -- my advice?

I'd personally stay away from carrying a spring loaded knife unless I had a CWP,  or was at home.  Hopefully, someday an appellate court will look at the issue with intelligent attorneys -- and make an intelligent decision.  Although, if you're in the Third DCA's jurisdiction -- probably you have no hope, whatsoever.  But -- the other districts do have some judges who understand this stuff -- and with luck -- maybe the case will have attorneys, who do,  as well.

So -- that's the state of the debate at the present time.  Hope it helps

jhg

copyright 2011 by jon gutmacher