I am in a pickle.

[Kampfer]

I order a H&K knife from a seller and he "screwed up" and sent me a H&K 14430 instead. It is a push button auto, beautiful knife.
According to Switchblade Knife - California Penal Code Section 21510
http://law.onecle.com/california/penal/21510.html
I can legally keep it but can not carry it in public, and can not sell, give, transfer to anyone. And the sad part is I can no longer get in touch with the seller..
What am I going to do with it?

[captain spaulding]

You got my PM right? 

[Kampfer]

You got my PM right? 

I did. Thx.
I been thinking about keeping it in my tact vest...By the time I put on my tact vest smurf already hit the fan, so a misdemeanor wouldn't bother me much at that point.

[captain spaulding]

You got my PM right? 

I did. Thx.
I been thinking about keeping it in my tact vest...By the time I put on my tact vest smurf already hit the fan, so a misdemeanor wouldn't bother me much at that point.

Sounds like a good plan. 

[Alan K.]

I'd continue to try to contact the seller and try to exchange the knife for the one you thought you ordered.  Otherwise I'd sell it to someone in a state where they are allowed.

[dks]

GAW   

[styx]

Either try to contact the seller or keep it if you ask me

[Kampfer]

Seller agrees to send me the correct one if I send the 14430 back on his cost, but I am not going to break the laws sending it back and I amnt going to surrender it to police, I guess I have to keep it. 

[Joe58]

Seller agrees to send me the correct one if I send the 14430 back on his cost, but I am not going to break the laws sending it back and I amnt going to surrender it to police, I guess I have to keep it. 

Maybe a dumb question as I don't know the jungle of laws CA has, but could a FFL holder mail it? If there are any left in CA.

It just seems logical to me that if a FFL holder can legally ship a firearm, they could ship a knife. But then the FFL might say he'd have to ship it to another FFL perhaps too. Goofy laws out there.

[captain spaulding]

Seller agrees to send me the correct one if I send the 14430 back on his cost, but I am not going to break the laws sending it back and I amnt going to surrender it to police, I guess I have to keep it. 

Maybe a dumb question as I don't know the jungle of laws CA has, but could a FFL holder mail it? If there are any left in CA.

It just seems logical to me that if a FFL holder can legally ship a firearm, they could ship a knife. But then the FFL might say he'd have to ship it to another FFL perhaps too. Goofy laws out there.

It doesn't work like that.

FFL's have no authority to ship a switchblade across state lines as far as I know.

[captain spaulding]

Seller agrees to send me the correct one if I send the 14430 back on his cost, but I am not going to break the laws sending it back and I amnt going to surrender it to police, I guess I have to keep it. 

I would not ship it anywhere. Not worth the risk. I say just play with it and use it a lot around the house. Enjoy it.

[SteveC]

Surely it's not illegal to return an item that was sent in error ?

[Aloha]

Surely it's not illegal to return an item that was sent in error ?

It makes sense 

California is an odd place so.................

[pfrsantos]

Seller agrees to send me the correct one if I send the 14430 back on his cost, but I am not going to break the laws sending it back and I amnt going to surrender it to police, I guess I have to keep it. 

I would not ship it anywhere. Not worth the risk. I say just play with it and use it a lot around the house. Enjoy it.

Yup, that's what she said...

 

[pfrsantos]

Surely it's not illegal to return an item that was sent in error ?

It makes sense 

California is an odd place so.................

You know what they say:

http://www.anvari.org/fortune/Miscellaneous_Collections/310533_when-god-shook-the-tree-of-life-all-the-nuts-landed-in-california.html

[Aloha]

Seller agrees to send me the correct one if I send the 14430 back on his cost, but I am not going to break the laws sending it back and I amnt going to surrender it to police, I guess I have to keep it. 

I would not ship it anywhere. Not worth the risk. I say just play with it and use it a lot around the house. Enjoy it.

Yup, that's what she said...

 

 

[rishardh]

That's a very interesting law. Once you buy a switchblade you are stuck with it. What happens if the owner passes away?

[captain spaulding]

That's a very interesting law. Once you buy a switchblade you are stuck with it. What happens if the owner passes away?

That's not the law. You are technically not supposed to be able to buy them in the first place, but if you happen to have one in your possession (over 1.9" blade) then you can own it inside your home.

If the owner passes away one would simple take the knife (technically illegal) and keep it for themselves. Once its in your possession who is to say it was not yours all along. You never have to volunteer any information and they cannot prove any different.

Here is a penal code if interested.


http://law.onecle.com/california/penal/21510.html

[rishardh]

That's a very interesting law. Once you buy a switchblade you are stuck with it. What happens if the owner passes away?

That's not the law. You are technically not supposed to be able to buy them in the first place, but if you happen to have one in your possession (over 1.9" blade) then you can own it inside your home.

If the owner passes away one would simple take the knife (technically illegal) and keep it for themselves. Once its in your possession who is to say it was not yours all along. You never have to volunteer any information and they cannot prove any different.

Here is a penal code if interested.


http://law.onecle.com/california/penal/21510.html

Thanks Captain   

[captain spaulding]

That's a very interesting law. Once you buy a switchblade you are stuck with it. What happens if the owner passes away?

That's not the law. You are technically not supposed to be able to buy them in the first place, but if you happen to have one in your possession (over 1.9" blade) then you can own it inside your home.

If the owner passes away one would simple take the knife (technically illegal) and keep it for themselves. Once its in your possession who is to say it was not yours all along. You never have to volunteer any information and they cannot prove any different.

Here is a penal code if interested.


http://law.onecle.com/california/penal/21510.html

Thanks Captain 

No problem. 

Just to be clear I am not suggesting one do anything illegal or what was mentioned.

[Kampfer]

I am not going to do anything illegal. 

[captain spaulding]

I am not going to do anything illegal. 

Nah I know. Your responsible. 

[Alan K.]

You like having a knife you can't carry outside of the house?  The seller is willing to take it back, and pay for the return shipping, so send it back.  Get something you can use.  You're not violating the law by returning it to the seller. 

[sLaughterMed]

You like having a knife you can't carry outside of the house?  The seller is willing to take it back, and pay for the return shipping, so send it back.  Get something you can use.  You're not violating the law by returning it to the seller.

Actually, the problem here is that it is illegal to ship that knife anywhere, period. Shipping it back is illegal, as was shipping it to Kampfer in the first place.

[captain spaulding]

You like having a knife you can't carry outside of the house?  The seller is willing to take it back, and pay for the return shipping, so send it back.  Get something you can use.  You're not violating the law by returning it to the seller.

Actually, the problem here is that it is illegal to ship that knife anywhere, period. Shipping it back is illegal, as was shipping it to Kampfer in the first place.

Correct. 

[SteveC]

If that is the case then Kampher should be entitled to a full refund or the knife that he originally ordered. The seller should take the hit for sending the wrong and illegal knife. IMO

[Kampfer]

If that is the case then Kampher should be entitled to a full refund or the knife that he originally ordered. The seller should take the hit for sending the wrong and illegal knife. IMO

Agree, i tried but no luck.

[shark_za]

So isn't receiving a knife like this also illegal? If they illegally shipped it then it is there illegally and no protection exists. Or does that not exist in your law system?
Something  acquired illegally is always illegal?

[captain spaulding]

If that is the case then Kampher should be entitled to a full refund or the knife that he originally ordered. The seller should take the hit for sending the wrong and illegal knife. IMO

That's what I suggested. I would of tried as well.

[captain spaulding]

So isn't receiving a knife like this also illegal? If they illegally shipped it then it is there illegally and no protection exists. Or does that not exist in your law system?
Something  acquired illegally is always illegal?

In this case no. How the law is written you can in fact own one in the confines of your own home. How you get it there may possibly have been illegal, but once the knife is in your home nothing is illegal about it.