Blades in California - Some Penal code references
In the past two days, I have had several discussions with both local California civilians and LEO's regarding blade laws and restrictions. There seems to be some confusion as to what we as citizens can carry and utilize in our daily lives. Joe-Six pack seems to think that carrying a pocketknife over a certain length put's one in dubious legal straights, and some LEO's who are unfamiliar w. their penal code are of the same mentality. This notion of blade length seems to be a myth - and here are excerpts of the applicable California Penal code to disprove the myth!
FYI: (I am not a lawyer and do not claim to be the fountain-head of legal wisdom within the Republic of California!)
PENAL CODE SECTION 12020-12040
(24) As used in this section, a "dirk" or "dagger" means a knife
or other instrument with or without a handguard that is capable of
ready use as a stabbing weapon that may inflict great bodily injury
or death. A nonlocking folding knife, a folding knife that is not
prohibited by Section 653k, or a pocketknife is capable of ready use
as a stabbing weapon that may inflict great bodily injury or death
only if the blade of the knife is exposed and locked into position.
(d) Knives carried in sheaths which are worn openly suspended from
the waist of the wearer are not concealed within the meaning of this
section.
653k. Every person who possesses in the passenger's or driver's
area of any motor vehicle in any public place or place open to the
public, carries upon his or her person, and every person who sells,
offers for sale, exposes for sale, loans, transfers, or gives to any
other person a switchblade knife having a blade two or more inches in
length is guilty of a misdemeanor.
For the purposes of this section, "switchblade knife" means a
knife having the appearance of a pocketknife and includes a
spring-blade knife, snap-blade knife, gravity knife or any other
similar type knife, the blade or blades of which are two or more
inches in length and which can be released automatically by a flick
of a button, pressure on the handle, flip of the wrist or other
mechanical device, or is released by the weight of the blade or by
any type of mechanism whatsoever. "Switchblade knife" does not
include a knife that opens with one hand utilizing thumb pressure
applied solely to the blade of the knife or a thumb stud attached to
the blade, provided that the knife has a detent or other mechanism
that provides resistance that must be overcome in opening the blade,
or that biases the blade back toward its closed position.
For purposes of this section, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein.
In sum, you can carry any size pocket knife you like, so long as you are not brandishing it - the interpretation of brandishing will of course depend on how the officer interprets the event! Apparently, once can carry ANY size fixed blade, as long the blade is housed in an exposed sheath. You legally carry your Strider SMF, and just because it "looks" scary, tactical AND has a thumbstud does not mean you are breaking the law. Your Microtech on the other hand will place you in questionable waters...
Lastly, this goes out to the nay-sayers: You CAN carry your HAK, so long as it not concealed!
FYI: (I am not a lawyer and do not claim to be the fountain-head of legal wisdom within the Republic of California!)
PENAL CODE SECTION 12020-12040
(24) As used in this section, a "dirk" or "dagger" means a knife
or other instrument with or without a handguard that is capable of
ready use as a stabbing weapon that may inflict great bodily injury
or death. A nonlocking folding knife, a folding knife that is not
prohibited by Section 653k, or a pocketknife is capable of ready use
as a stabbing weapon that may inflict great bodily injury or death
only if the blade of the knife is exposed and locked into position.
(d) Knives carried in sheaths which are worn openly suspended from
the waist of the wearer are not concealed within the meaning of this
section.
653k. Every person who possesses in the passenger's or driver's
area of any motor vehicle in any public place or place open to the
public, carries upon his or her person, and every person who sells,
offers for sale, exposes for sale, loans, transfers, or gives to any
other person a switchblade knife having a blade two or more inches in
length is guilty of a misdemeanor.
For the purposes of this section, "switchblade knife" means a
knife having the appearance of a pocketknife and includes a
spring-blade knife, snap-blade knife, gravity knife or any other
similar type knife, the blade or blades of which are two or more
inches in length and which can be released automatically by a flick
of a button, pressure on the handle, flip of the wrist or other
mechanical device, or is released by the weight of the blade or by
any type of mechanism whatsoever. "Switchblade knife" does not
include a knife that opens with one hand utilizing thumb pressure
applied solely to the blade of the knife or a thumb stud attached to
the blade, provided that the knife has a detent or other mechanism
that provides resistance that must be overcome in opening the blade,
or that biases the blade back toward its closed position.
For purposes of this section, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein.
In sum, you can carry any size pocket knife you like, so long as you are not brandishing it - the interpretation of brandishing will of course depend on how the officer interprets the event! Apparently, once can carry ANY size fixed blade, as long the blade is housed in an exposed sheath. You legally carry your Strider SMF, and just because it "looks" scary, tactical AND has a thumbstud does not mean you are breaking the law. Your Microtech on the other hand will place you in questionable waters...
Lastly, this goes out to the nay-sayers: You CAN carry your HAK, so long as it not concealed!
0 Comments:
Post a Comment
<< Home