Emerson wave opener legal classification?

[nickds7]

So first off hi everyone, this is my first time posting. Only 1 knife so far :o

I'm trying to figure out what the legal classification of the Emerson wave opener knifes are. I've tried searching around on the forums and on Google but I'm not coming up with a clear answer.

Are they considered assisted openers, or do they fall in the same category as folding knives?

[The Deacon]

Too many variables for a blanket answer.

As far as I know, in order to be classified as an AO currently in the USA, a knife must incorporate some method of storing and releasing energy (spring, torsion bar, elastic, etc), so an Emerson opener would not qualify as one unless it also incorporated such a mechanism.

If you're concerned about legality to carry, IIRC, there is at least one US state which restricts the carry of fixed blades, considers any locking folder carried in the open position to be a fixed blade, and MAY consider a knife which opens when drawn from the pocket to be one as well. Beyond that, if a person's behavior raises enough red flags, the police in most places can get amazingly creative in their interpretation of knife laws.

[SimpleIsGood229]

What? The Emerson Wave is used to open the blade? I use the Wave on my Endura to clean my fingernails and open bottles.

[cr123]

hi nickds7:

that one knife will lead to many. :0)

i would think an emerson is a manual folder because the assisted openers i'm familiar have some sort of spring or torsion bar that launch the blade after you actuate the mechanism.

it took me awhile to figure out the emerson wave feature. i noticed my pants where shredded around the pocket i kept it in. then i saw a video with an emerson blade being deployed via the wave. :eek:

happy spyder'ng.

[The Deacon]

If you're concerned about legality to carry, IIRC, there is at least one US state which restricts the carry of fixed blades, considers any locking folder carried in the open position to be a fixed blade, and MAY consider a knife which opens when drawn from the pocket to be one as well.

Messed that up a bit. The state is Massachusetts, and the law says...

GENERAL LAWS OF MASS., PART IV, TITLE I, CHAPTER 269, Section 10 (b)

Whoever, except as provided by law, carries on his person, or carries on his person or under his control in a vehicle, any stiletto, dagger or a device or case which enables a knife with a locking blade to be drawn at a locked position, or any ballistic knife...

...shall be punished by imprisonment for not less than two and one-half years nor more than five years in the state prison, or for not less than six months nor more than two and one-half years in a jail or house of correction, except that, if the court finds that the defendant has not been previously convicted of a felony, he may be punished by a fine of not more than fifty dollars or by imprisonment for not more than two and one-half years in a jail or house of correction.

The wave opener MIGHT be considered to be such a device.

[jujigatame]

I've talked to folks at knife shows here in Mass. about the section Deacon quoted above and it's something that's tricky to come to a solid conclusion on one way or the other. A prosecutor may argue the wave falls under that provision. A knife owner could try to claim it is not prohibited to a specific enough degree to count. If you were going to trial on it I tend to think the main point would how the word "device" is defined, how the words within that definition are themselves defined, and then how all of it is interpreted in the context of the law.

I feel the ripcord-style knives that extend and lock open when you pull them off of a housing/sheath clipped on your belt would be a clearer example of a knife that could run afoul of that part of the law. The sheath is designed specifically to open the knife that way, and the the knife will only open and lock that way to my knowledge. It's a separate component made to act upon the knife.

The wave is part of the blade itself that allows a certain function when used a certain way. Could that be considered a mechanism? Would the presence of a mechanism mean it is then reasonably considered to be a device?

Interesting to chew over on one hand, but on the other hand it usually leads me to an ice cream headache.

[nickds7]

Thanks for all your responses. They helped answer my question quite a bit :P. The wave opener has unintentionally impressed many when I've pulled it out to cut something. I'd hate discontinue it as my edc knife if it wasn't legal in CA. Appears to be though :D

[Shenmue728]

Thanks for all your responses. They helped answer my question quite a bit :P. The wave opener has unintentionally impressed many when I've pulled it out to cut something. I'd hate discontinue it as my edc knife if it wasn't legal in CA. Appears to be though :D

Yep, Cali has some really vague knife laws. My best advice for my friends that ask me about what can or cant be carried is very simple; be descret as you can. If you see cops by an elementary school, dont wave open your knife and chase kindegardeners :p Just watch what you're doing and where you are and you'll be fine.

And welcome to the best place to dish and ask questions about :spyder: 's. These guys know everything

[JimyP]

Does anyone have any light to shed on the legality of the Emerson Wave Opener in Pennsylvania?

[TazKristi]

Does anyone have any light to shed on the legality of the Emerson Wave Opener in Pennsylvania?

Hi, JimyP:
We tend to avoid bringing 11-year-old threads back up. Particularly with this kind of question as information can change over time. Your best bet would be to check with your local authorities. We can't give you legal advice.

Welcome to our forum. There is a wealth of information here. We hope you enjoy your time with us.

Kristi

[ugaarguy]

I'll add that JimyP might also contact the folks at Knife Right and AKTI as start, but my attorney friends always remind me that you really need to pay an attorney who specializes in weapons and / or self defense law in the state in question to get a definitive answer. If your state statutes aren't clear, you (or your attorney) could write to the State AG asking for clarification. Remember that AG letters are only good for as long as that AG is in office, or so I'm told. Again, I'm not a lawyer, so this is just to hopefully point you in the right direction to get actual legal advice.

[JD Spydo]

So first off hi everyone, this is my first time posting. Only 1 knife so far :o

I'm trying to figure out what the legal classification of the Emerson wave opener knifes are. I've tried searching around on the forums and on Google but I'm not coming up with a clear answer.

Are they considered assisted openers, or do they fall in the same category as folding knives?

There is a great organization that I used to be a member of and I fully intended on joining again when I get some of these medical bills under control. They are known as the AKTI ( American Knife & Tool Institute). They are literally similar to the NRA for knives. I was a member for about 5 years and just let my membership lapse.

Well they have a website that is easy to find if you Google the acronym. They have the main knife laws of all 50 states on their website.

One thing here in Missouri that I just discovered a couple of years ago is that in some cases if the police using their discretion have the option to deem certain knives as a potentially dangerous weapon. But I've been carrying in this state for ages and I've never had a problem. And in the past I've carried automatics ( swithcblades), Butterfly knives, all kinds of fixed blades and a wide variety of folders. And I never had any problems and I know a lot of guys who are hunters, fisherman and workers who carry all the time and I don't know of any of them who have ever had a problem. But do check out the laws in your state and it's easy to do with AKTI website. Also Blade magazine once a year post the laws of the 50 states in one of their monthly magazines.

[JimyP]

I'll add that JimyP might also contact the folks at Knife Right and AKTI as start, but my attorney friends always remind me that you really need to pay an attorney who specializes in weapons and / or self defense law in the state in question to get a definitive answer. If your state statutes aren't clear, you (or your attorney) could write to the State AG asking for clarification. Remember that AG letters are only good for as long as that AG is in office, or so I'm told. Again, I'm not a lawyer, so this is just to hopefully point you in the right direction to get actual legal advice.

I emailed ATKI last week and, as yet, I've not received a reply. Thanks you the advice. I can try the others referenced.