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View Full Version : Fixed Blade Stored Openly on BOB In Car Legal?


aermotor
07-28-2009, 5:28 PM
Been refining my BOB lately as some of you may have seen another thread recently about carrying a handgun in it at all times. Now this question is for fixed blades.

I know you can't conceal them on your but worn openly is acceptable, correct?

I've got a SOG Seal Pup Elite and a Gerber LMF II mounted to the MOLLE on my BOB, visibly open and not concealed in anyway, just in their sheaths. If I store this is the most rear portion of my SUV, is it a legal problem waiting to bite me, or am I safe with them not concealed in the bag? What's the PC on this?

Thanks guys, so much knowledge and help here.

aplinker
07-28-2009, 5:29 PM
what happens if the bag tips over?

Keep it in the trunk.

Sheepdog1968
07-28-2009, 5:33 PM
Knife laws are as complicated as gun laws. I really don't know for sure. My general concern is that if it isn't clear, the cops could just cite you and then let the DA decide if a law is being broken.

My two simple thoughts to minimize this are:
1. Put it deep inside the BOB.
2. Put the BOB inside one of this big plastic containers you can get at Wallmart/Target, drill two holes and lock it.

I am probably being paranoid.

FWIW, one of the things I like about my current car is that it has a separate trunk. My previous car was a hatchback and that used to bug me for reasons just like in this post.

Sheepdog1968
07-28-2009, 5:39 PM
You mention keeping a firearm in it. Not a bad idea if it and the magazines aren't loaded. You might also consider a rifle of somekind - much more powerful and versatile. Though I would keep it in a locked guitar case unloaded, the laws for rifle storage (not assualt weapons) are much less strict than pistols. Besides a self-defense rifle, a 22 LR is great for hunting small game.

aplinker
07-28-2009, 5:41 PM
You mention keeping a firearm in it. Not a bad idea if it and the magazines aren't loaded. You might also consider a rifle of somekind - much more powerful and versatile. Though I would keep it in a locked guitar case unloaded, the laws for rifle storage (not assualt weapons) are much less strict than pistols. Besides a self-defense rifle, a 22 LR is great for hunting small game.

Nothing wrong with loaded magazines. People v. Clark ;)

tombinghamthegreat
07-28-2009, 5:59 PM
http://www.ninehundred.net/~equalccw/knifelaw.html
this is a good link and open carrying a fix blade knife is legal PC12020. Concealing "on your person" is a felony. If the knife is in plain sight there should be no issue. read this link and should answer all the questions you have.

Not a bad idea if it and the magazines aren't loaded. You might also consider a rifle of somekind - much more powerful and versatile. Though I would keep it in a locked guitar case unloaded,

You can have loaded mags People vs Clark and it does not violate PC12031. Not to mention you can have ammo right next to the gun or even attached(just can be put into a piston to be fired from, ex- a saddle for a shotgun is legal, a loaded mag in the gun is not) Also long guns can be concealed/open carried without a being locked(school zones are an exception) since 12025 only applies to handguns.

wash
07-28-2009, 6:35 PM
Here is a theoretical question, if I have a sheathed fixed blade knife stuck in to the seat belt hole in my driver's side bench seat, is that breaking or close to breaking any laws?

The main purpose would be to keep it within easy reach in case I'm in an accident and have to cut my seat belt, airbag or anything else to get out of the situation.

The handle is fairly visible if you are looking for it, it's color makes it blend in kind of.

And why would there be any laws about carrying a knife in a car? Has there been a rash of drive by stabbings?

Decoligny
07-28-2009, 6:37 PM
Need to be sure of the city and the county ordinances where you are also. In Los Angeles (city) and LA (County) it is illegal to carry in plain sight any knife over 3" in length. So if you are carrying the backpack, and the backpack has the knife in plain sight, and the blade is over 3", you could be cited/arrested.

Decoligny
07-28-2009, 6:40 PM
Here is a theoretical question, if I have a sheathed fixed blade knife stuck in to the seat belt hole in my driver's side bench seat, is that breaking or close to breaking any laws?

The main purpose would be to keep it within easy reach in case I'm in an accident and have to cut my seat belt, airbag or anything else to get out of the situation.

The handle is fairly visible if you are looking for it, it's color makes it blend in kind of.

And why would there be any laws about carrying a knife in a car? Has there been a rash of drive by stabbings?

You need to be very careful with fixed blade knives. This is due to it being a felony to conceal any "dirk or dagger" on your person. A dirk or dagger doesn't mean double edged in CA, it means readily usable for stabbing.

The "on your person" part is where it gets iffy. The cop may try to use the fact that is was readily available for you to grab as being equal to "on your person".

gun toting monkeyboy
07-28-2009, 6:48 PM
Make your life simple. Get a folder. The laws here in CA are seriously biased in favor of folding blades. To the point that the state does NOT consider any sized folding blade on your person to be concealled. If you can figure out a way to make a folding broadsword, you could carry it around under your highlander-style trench coat all day long and not break the law if you stay out of schools or courthouses. Barring local ordinances, of course.

A simple Buck 110 or Byrd Cara Cara from your local wallyworld will handle most knife tasks you can come up with. Go cruise bladeforums.com for ideas on other sharp implements.

-Mb

Irrational Voice
07-28-2009, 7:26 PM
Here are two excellent CRKT folders that might be good for you.

Self defense:
http://www.crkt.com/hissfolder.html

utility: (the locking system makes it nearly as strong as a fixed blade)
http://www.crkt.com/carsdsrt.html

Ron-Solo
07-28-2009, 7:35 PM
Been refining my BOB lately as some of you may have seen another thread recently about carrying a handgun in it at all times. Now this question is for fixed blades.

I know you can't conceal them on your but worn openly is acceptable, correct?

I've got a SOG Seal Pup Elite and a Gerber LMF II mounted to the MOLLE on my BOB, visibly open and not concealed in anyway, just in their sheaths. If I store this is the most rear portion of my SUV, is it a legal problem waiting to bite me, or am I safe with them not concealed in the bag? What's the PC on this?

Thanks guys, so much knowledge and help here.

Many cities and counties have ordinances restricting the OPEN CARRY of knives, including LA County. I don't remember the length requirements so don't rely on just the penal code.

A knife in a bug out bag is generally not a problem.

Window_Seat
07-28-2009, 7:43 PM
What does "BOB" stand for?

Erik.

adamsreeftank
07-28-2009, 7:49 PM
Here is a theoretical question, if I have a sheathed fixed blade knife stuck in to the seat belt hole in my driver's side bench seat, is that breaking or close to breaking any laws?

The main purpose would be to keep it within easy reach in case I'm in an accident and have to cut my seat belt, airbag or anything else to get out of the situation.

The handle is fairly visible if you are looking for it, it's color makes it blend in kind of.

And why would there be any laws about carrying a knife in a car? Has there been a rash of drive by stabbings?

If that is really why you want a knife handy, you should get one of the emergency rescue type knives with a slot for cutting seat belts and a window breaking point.

http://www.buyemp.com/tmp_image.php?item_id=1151807

If you are keeping it there for self defense, odds are you may get arrested for it.

xibunkrlilkidsx
07-28-2009, 8:03 PM
i dont know but i have a 5" k-bar in its sheath on my visor gone through many checkpoints and the officer never noticed it, but he never asked either.

tyrist
07-28-2009, 8:09 PM
You can have a dirk or dagger concealed in your vehicle just not on your person.

aermotor
07-28-2009, 8:55 PM
what happens if the bag tips over?

Keep it in the trunk.

What do you mean? There's no way they can fall out of their sheaths, they are attached to the bag, maybe I'm missing something. I don't have a "trunk" in an SUV.

For a Bug Out Bag I don't think any folder can stand up to the Seal Pup or the LMF II really... for any length of time survival you need something super durable.

I'll check out that link thanks tombinghamthegreat.

Really sad to hear you can't have anything longer than 3" open carried, that's absolutely absurd to me.

kermit
07-28-2009, 8:55 PM
What does "BOB" stand for?

Erik.

BOB = Bug Out Bag, a container with essential emergency supplies for natural disasters or zombie invasions.:43:

Sobriquet
07-28-2009, 8:56 PM
What does "BOB" stand for?

Erik.

Bug out bag. A SHTF kit.

aplinker
07-28-2009, 9:54 PM
What do you mean? There's no way they can fall out of their sheaths, they are attached to the bag, maybe I'm missing something. I don't have a "trunk" in an SUV.

For a Bug Out Bag I don't think any folder can stand up to the Seal Pup or the LMF II really... for any length of time survival you need something super durable.

I'll check out that link thanks tombinghamthegreat.

Really sad to hear you can't have anything longer than 3" open carried, that's absolutely absurd to me.

Tips over and covers the knives = concealed

If you keep it out of reach (in the back of the vehicle) I don't think any LEO is going to say squat.

Window_Seat
07-28-2009, 10:35 PM
BOB = Bug Out Bag, a container with essential emergency supplies for natural disasters or zombie invasions.:43:

Bug out bag. A SHTF kit.

Thanks a bunch! Learning something new all the time.:cool:

Erik.

aermotor
07-28-2009, 11:05 PM
Yea cool, something to be cautious about no doubt... okay, we'll I'll play it smart somehow... if an LEO looks in the back window and sees it does that give him probable cause to search... seems BS if so. I hate stuff that just punishes law-abiding citizens.

wash
07-29-2009, 7:56 AM
That 3" open carry limit is retarded. I hope that someone files a 2'nd amendment case over that eventually.

Hell, you should be able to carry any knife in your car in any situation.

One of these days it will happen if things keep going our way.

Decoligny
07-29-2009, 8:36 AM
I personally like this folder.

And NO, it's not photoshopped!

http://www.wisconsinhistory.org/museum/OddWisconsin/

http://www.wisconsinhistory.org/museum/OddWisconsin/images/Knife.jpg

motorhead
07-29-2009, 8:56 AM
Knife laws are as complicated as gun laws. I really don't know for sure. My general concern is that if it isn't clear, the cops could just cite you and then let the DA decide if a law is being broken.

My two simple thoughts to minimize this are:
1. Put it deep inside the BOB.
2. Put the BOB inside one of this big plastic containers you can get at Wallmart/Target, drill two holes and lock it.

I am probably being paranoid.

FWIW, one of the things I like about my current car is that it has a separate trunk. My previous car was a hatchback and that used to bug me for reasons just like in this post.

then just to be really safe, pour the trunk in concrete.

aermotor
07-29-2009, 9:15 AM
That 3" open carry limit is retarded. I hope that someone files a 2'nd amendment case over that eventually.

Hell, you should be able to carry any knife in your car in any situation.

One of these days it will happen if things keep going our way.

Yea I can't believe you can't carry a fixed knife in your car but can carry a gun unloaded in plain view with ammo. CA sucks, but I can't leave lol.

gun toting monkeyboy
07-29-2009, 9:54 AM
I personally like this folder.

And NO, it's not photoshopped!

http://www.wisconsinhistory.org/museum/OddWisconsin/

http://www.wisconsinhistory.org/museum/OddWisconsin/images/Knife.jpg


According to the letter of the law, you could legally carry that most places.:)

Librarian
07-29-2009, 10:27 AM
Y
The "on your person" part is where it gets iffy. The cop may try to use the fact that is was readily available for you to grab as being equal to "on your person".

He might, but he would be wrong. Nothing in PC or in any case law I can find that suggests 'available' is equivalent to 'on your person'.

Librarian
07-29-2009, 10:30 AM
Yea I can't believe you can't carry a fixed knife in your car but can carry a gun unloaded in plain view with ammo. CA sucks, but I can't leave lol.

What in all that has been posted leads you to say "you can't carry a fixed knife in your car"? That is not correct.

It may be the case that in LA you can't carry one exposed over 3", but that's not at all the general case.