Wednesday, June 15, 2016

California: Swiss Army Knife Not Considered a Dagger

After a recent California decision, a simple pocket knife is not considered an illegal dagger under state statute because the blade did not lock into place

People v. Castillolopez, 2016 BL 175546, Cal., No-S21886, 6/2/16.

    The case arose from a dispute over what constitutes a dagger under California statute, which specifies that for a blade or knife to be considered as a dagger, it must be exposed and locked into position. The California Supreme Court held that pocketknives do not necessarily come “locked into position,” even if they can be “secured in a rigid or fastened location.”  In the end, because the knife could easily be closed by applying pressure to the back of it, it could not be considered “locked into position” within the meaning of the California statute, thereby not making it a dagger.

http://www.bloomberglaw.com/public/document/People_v_Castillolopez_No_S218861_2016_BL_175546_Cal_June_02_2016.

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