What Auto Knives Are
To answer the question, "What are auto knives?," you have to start with what is an automatic knife in the first place. This type of knife has a folding blade that is able to be opened or closed using spring action. When a button is pressed on the end of the handle, the blade is opened via a spring that expands and moves the blade from its closed position into an open position. In addition, the blade can be closed using the button in the end of the handle. The English Dictionary defines an auto knife as a knife that "opens and closes by means of a spring device that is activated by a sliding button or lever, held in a sheath, or embedded into the handle." In the trade, they are jokingly referred to as switchblades, although they are not technically switchblades allowed under the California law previously applicable to switchblades. "Cut shaft" or "piston knives" are another name for this type of knife.
The explicit mechanism of auto knives dates back to at least 1800 in the United Kingdom, which is where the first reference of a similar device was found by some historians. The knife itself was automatically deployed by using a cam and a lever system that drove a blade outward when a trigger on the hilt of the knife was released. The resulting action is a honing of the blade that proved to be more rapid than that of a folding knife. In the early 1900s , the auto knife moved from England to the United States (with Blanchard of Massachusetts making some of the first examples in the U.S.), where it became popular in major cities (i.e., Boston, Philadelphia, Chicago, New York, and Washington D.C.) with urban youth and working-class men as a purported result of a well-publicized issue over the young men’s acceptance of technology over the old ways (e.g., the classic conflict between fathers and sons). After the deployment of the new mechanical systems, the popularity of the knives grew rapidly. In fact, this rise in popularity led to the auto knife being seen as a symbol of masculinity and toughness. At the same time, youth and street violence became associated with the knife, and it received a bad name. Alongside the switchblade controversy of the 1950s, and due to the fear that the knife could be opened without knowledge, human initiation, or effort (and thus used for sinister purposes), the knife was outlawed in various places (including federal prohibitions of the Gun Control Act of 1968). In 1985, California’s auto knife ban was finally lifted (and the "Bowie Knife" ban went with it). The passage of the new code section led to the development of California auto knives, otherwise known as California compliant automated blades and knives.
The Legal Landscape of Auto Knives in California
The legal definition of a switch blade is as follows under California Penal Code Section 17235:
"Switchblade knife" means any knife that has the appearance of being a pocketknife but includes a blade that opens automatically in the manner described below and that is held in place by a spring-loaded mechanism. A knife has the appearance of being a pocketknife if the blade is two inches or less in length, the blade opens by the use of a button, lever, or other mechanism located on the handle, and the handle is a folded or closed position of a size similar to the size of an object carried in the regular course of lawful business, possession, or functions of carrying a knife. Nothing in this section shall be construed to apply to any knife that may be opened by the thumb and that has a blade that can be locked into place by means of a mechanism. (Cal. Penal Code § 17235.)
The current laws regarding switchblade knives in California state that it is illegal to offer for sale, expose for sale, sell, import, manufacture, or possess any knife or dagger which is a switchblade. See California Penal Code § 21510(a).
The current laws regarding switchblade knives in California state that it is not illegal to possess a switchblade knife in your own home, office, or place of business. See California Penal Code § 17235(b)(1)-(3).
The current laws regarding switchblade knives in California state that it is illegal to possess on one’s person in any public place one or more switchblade knives having a blade two inches or more in length. See California Penal Code § 21510(b)(4).
As many knife owners are well aware, prior to April 8, 2017, it was a crime in California to manufacture, sell, distribute to the public, offer for sale, expose for sale, possess, or to cause, permit or aid such conduct. See California Penal Code §§ 21510, 17700, 21310-21390. The possession of a switchblade knife of two inches or more upon the person was a misdemeanor. However, the legislature repealed the prohibition on April 8, 2017 for possession of a switchblade knife in the person, thereby effectively decriminalizing the possession of switchblade knives in California.
It is worth noting that prior to the repeal, the prohibition on possession of switchblade knives was ruled unconstitutional. In People v. Biswell, 38 Cal. 2d 717 (1952) the court struck down the statute prohibiting possession of switchblade knives on constitutional grounds. In doing so the Court commented on the irrationality of the prohibition, stating that "It seems inescapable that the Legislature intended also to include knives possessed for other purposes than self-defense." See People v. Biswell, 38 Cal. 2d 717, 722-724 (1952). The California Supreme Court thereafter held that "switchblades do not possess any ‘significant additional danger’ for law enforcement officers" over that of other knives. People v. Rubalcava, 23 Cal. 4th 322, 335 (2000). Nevertheless, the law as to possession of switchblades remained in effect until 2017 when the legislature repealed the prohibition.
While the prohibition on possession of switchblades was repealed in 2017 the prohibition on Switchblades over 2 inches remains in effect in California. At present, while there is some risk of arrest for simple possession of an automatic knife there has been no known case of such arrest. Further, there is a legitimate argument that a concealed knife which is of two inches or less in total length is not prohibited by the ban on possession of knives on the person. The language of the statute clearly states the restriction applies to "one or more switchblade knives having a blade two inches or more in length." Cal. Penal Code § 21510(b)(4). Thus, there is arguably no prohibition on small spring assisted knives where the blade is less than 2" long.
Restrictions Unique to Auto Knives
The only restriction is with the size of the blade. All automatic knives (including switchblades and concealed knives) can be concealed as long as the blade length does not exceed two inches. Any automatic knife with a ratchet mechanism that can be opened using one hand is allowed to be carried without a permit. There are no permits required to carry an automatic knife unless it exceeds the two-inch length requirement. The size of the blade is based on the blade cutting edge only, although the blade may be longer if the butt end does not have a sharp edge. This means that the blade size is generally based on the length before the propelling or releasing mechanism.
There are no requirements for permit or registration for most automatic knives unless the blade is over two inches and you want to carry it concealed. Even when a permit is required, those permits are only for concealing the knife, not carrying it openly.
Penal Code 21310 requires a concealed carry permit when possessing a dirk or dagger within a vehicle or in a public place. This provision only applies to dirks and daggers, which are defined in Penal Code 21170 as "any knife other than a folding knife that may inflict substantial pain or death when it is used as a weapon." This means that while a dirk and dagger require a permit, other common automatic knives, including switchblades and concealed knives, do not. In fact, concealed knives have no restrictions at all, only open carry restrictions on blade length.
Illegal Possession and Its Penalties
Violations of PC 21510’s prohibition on switchblades and varying springs blades can lead to criminal charges, including:
Charges under PC 21510 and PC 21315 can be a misdemeanor or felony depending on the facts of the case.
Misdemeanor Possession of Illegal Switchblades
If convicted of the misdemeanor charge of possession of an illegal knife (switchblade) under Penal Code 21510, a defendant could face:
Felony Possession of Illegal Switchblades
If convicted of the felony charge of possession of an illegal knife (switchblade) under Penal Code 21510, a defendant could face:
Misdemeanor Possession of Illegal Switchblades
A charge of misdemeanor possession of any other illegal knife under Penal Code 21315 (any other knife that is defined by PC 21115 and PC 653k) is a wobbler. This means that it can be charged as either a felony or a misdemeanor depending on the facts of the case.
If charged only with misdemeanor possession of an illegal knife, a person could face a misdemeanor conviction.
However, if charged with possession of an illegal knife as part of a violation of a probationary term (also known as a "penalty enhancement"), then the charge would constitute a felony, which carries a longer term in state prison.
Past Cases of Illegal Knife Possession
In 2014, the Second District Division 1 Court of Appeals in People v. Huddleston, played a vital role in the ongoing debate regarding the distinction between "switchblades" and "spring knives." In Huddleston, the defendant was prosecuted under PC 21510 after police discovered that his pocket knife had a spring blade when they found it in his car during a routine expired tabs traffic stop. At trial, the defendant argued that a switchblade (which the law defined as a folding knife where the blade automatically came out when "pressure was applied to a lever on the grip" and without a "manual unfolding"), was different than a spring-type knife where the blade came out of the handle only when the user "manually flicked it." The Second District Court of Appeals upheld the convictions and ruled that the terms switchblade and spring-type knife were not mutually exclusive, and the defendant, therefore, violated PC 21315.
How to Buy Auto Knives Without Breaking the Law
A person may only legally buy and obtain possession of a switchblade knife from a licensed knife retailer. Licensed knife retailers in California are in most cases either licensed as wholesale dealers of pocketknives, as wholesale dealers of knives, as wholesale dealers of cutlery, or as retail dealers of cutlery. Occasionally, other entities may be authorized to sell switchblades, but the vast majority are dealers of cutlery. When a person purchases a switchblade knife , California law requires the licensed knife retailer to keep a record of such purchase and include the following information: The licensed knife retailer must keep the aforementioned information for three years from the date of purchase. Further, the law requires that the dealer report the purchase to the chief of police of the local city in which the device was sold, if that city has a police department. Alternatively, if the sale occurred in unincorporated territory, the dealer must instead report it to the county sheriff. Finally, the reporting dealer must do so within seven days of the sale.
Safe Use and Carrying of Auto Knives
Given the unique nature and construction of many auto knives, including California legal knives like the Pro-Tech Emerson CQC7 Automatic Knife, the manner in which these knives are handled can be paramount to ensuring both safety and maximum functional utility. While the first instinct for most knife aficionados is to immediately "flick" the blade open with a button or sliding mechanism, these actions may be unwittingly damaging to both the blade and locking mechanism of many automatic knives. A scenario that is considered a serious problem involves the repetitive opening and closing of the blade with the press of a button or switch. Due to tension and pressure on the torsion spring, frequent cycling of an auto knife of this type may damage the auto mechanism and even break the knife’s blade. Even further, this can even be a problem with premium models from Kershaw or Benchmade. Therefore, it is best to avoid repeated opening and closing of your California legal knife if at all possible. Once again, this is not the case for all California legal knives, but it is a preferable point of caution. In addition to the foregoing, and to maintain the utilitarian nature of your California legal auto knife, cleaning should be done on a regular basis. Dust and dirt should be blown out of the interior of the knife using a can of compressed air. Finally, it is important to regularly lubricate the mechanism of your California legal knife, using a lubricant of the paraffin type. Once again the manufacturer’s recommendation should be followed to ensure that your California legal knife remains in optimal working condition. The final consideration for the safe handling and use of California legal auto knives involves storage of the knife when not in use. Given their often aesthetic appeal, at least for knife collectors, it is not uncommon for California auto knives to remain on display when not in use. However, Chicago Cutlery offers a warning against this practice. The company notes that an auto knife cannot be "stored closed" because the blade must be able to seat itself in the handle when closed, and a spring holding the blade in the closed position prevents it from doing so. This problem is compounded by the fact that a "tightened" knife casing creates pressure, which may cause the blade to lock up and become more difficult to open due to the expansion of the blade locking bar. Ultimately, it is recommended that most California legal knives forgo storage except on such occasions as a "showing," such as focusing on photography or other aesthetic purposes. For all other instances, it is preferable for auto knives to remain housed in their leather pouches. In conclusion, the safest method of handling a California legal automatic knife would be to limit all such knives to general functions, and away from any force that would tend to weaken the internal or external components. All California legal automatic knives should be properly lubricated and stored for maximum functionality and optimal long-term performance.
Legal Alternatives to Auto Knives in California
While auto knives are illegal in California, there are alternatives that have similar designs and offer similar features. These include manual knives, assisted opening knives, flipper knives, and switchblade knives (laws vary depending on the area). The most preferable alternative for residents of California is the switchblade knife. These knives allow you to open and close them with both hands, while most of the other types require only one hand. Moreover, these knives have either straight or wavy blades and are not considered a concealed weapon.
Under California law, these types of knives do not have a blade longer than two inches in length. They must also be worn in sheaths or holsters suspended from a belt at the waist. It’s also important to note that changeable blade knives are considered illegal switchblades. In California, changeable blade knives are classified as illegal knives. The length of the blade is not important for determining whether or not these knives are legal.
There are other types of knives that you can carry in California and not face the possibility of arrest and prosecution (depending on where you live). One of them is the folding knife which has been completely legal to carry. A folding knife can be unlocked and closed with either one or two hands. And while they resemble a switchblade knife, which is illegal to carry, the difference is easy to spot: a folding knife will not have a spring-activated blade, so it can’t be opened with the push of a button.
One type of folding knife that is often mistaken for a switchblade knife is the butterfly knife, also known as a balisong. This is a folding knife with two handles that counter-rotate around the tang on the blade. The blade of this knife is exposed when it is opened outwards. California does not allow the carrying of concealed butterfly knives.
Resources for Further Information
Further resources on California’s Auto Knives may be found from the following sources:
California Penal Code section 21100 (governing use of self-defense weapons)
Knife Rights (advocacy group)
Word on the Round from the American Knife and Tool Institute (blog post)
American Knife and Tool Institute posits request for US Supreme Court review of California knife ban (blog post)
Knife Rights press release (endorsing Knife Rights’ legal strategies for auto knife owners)
In California , a Pocket Knife Becomes a Pistol (blog post)