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View Full Version : legality of having a sword in the backseat of you sedan


ghettoshecky
04-12-2007, 10:51 AM
I'm sure this came up on Calguns before, but I couldn't find anything using the search option. Does anyone know the legality of having a sword on backseat of a sedan.

bwiese
04-12-2007, 11:06 AM
Not sure, but I wouldn't.

I know having a baseball bat without glove & balls can cause you problems!

Bill_in_SD
04-12-2007, 11:10 AM
I heard that just about anything under your seat is a potential felony (except a loaded handgun - misdemeanor), so having a sword on the back seat should be OK.

Do not try to drive on a military base/federal property with it though! (duty weapons are exempt).

Bill in SD

JPN6336
04-12-2007, 11:31 AM
Do not try to drive on a military base/federal property with it though! (duty weapons are exempt).


+1 on that. I was actually detained for a while by MPs on the recruit depot because I forgot I had my parrying daggers and fake wheellock in the truck. Nothing ever came of it because the wheellock was finally (after 4 attempts) determined to be a toy and the knives were in the bed of the truck locked in my campershell (transport vs. concealed). Was still annoying so I wouldn't recommend it.

E Pluribus Unum
04-12-2007, 11:49 AM
I heard that just about anything under your seat is a potential felony (except a loaded handgun - misdemeanor),

No offense but this kind of "I heard blah blah" just spreads around misinformation. Unless you actually know please do not offer forth your hearsay.

Rivet
04-12-2007, 12:14 PM
No offense but this kind of "I heard blah blah" just spreads around misinformation. Unless you actually know please do not offer forth your hearsay.

That is hearsay?!? I thought it was pretty common knowlege around here, unless you are a gang banger or it is a second offense.:cool:

edit: or the gun is not registered to you

Bill_in_SD
04-12-2007, 12:40 PM
No offense but this kind of "I heard blah blah" just spreads around misinformation. Unless you actually know please do not offer forth your hearsay.

None taken.

I actually hesitated before typing that, maybe I should have used IIRC, but I wanted to qualify the information at a lower level of proof than what I could provide at the moment. I thought it important to offer what I know, but did not have the references handy. Any information on an Internet forum (without linked references to bonafide sources) should all be taken with a grain of salt.

I know for a fact that driving on to a military base with a sword in the back seat that is not a duty weapon is illegal (Federal Offense), and a common pitfall. I also know that a hammer that slid under the seat of your car while driving can be construed as a concealed deadly weapon, a felony. In addition, a loaded, concealed firearm in your car is a misdemeanor offense, unless you were previously convicted of some other offense as listed in Ca Penal Code 12025 (http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=4067227962+0+0+0&WAISaction=retrieve).

In the future I will try to use IIRC.

Bill in SD
IANAL, nor do I play one on TV. :D

Bill_in_SD
04-12-2007, 12:43 PM
I found no reference to a 'sword' in the CA Penal code 12020, only 'cane sword'.

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=40726411142+1+0+0&WAISaction=retrieve

Bill in SD

maxicon
04-12-2007, 1:31 PM
A sword is a fixed blade knife, so that's where the applicable laws will be found.

The "cane sword" is a different category because it's disguised to look like something else.

1911_sfca
04-12-2007, 1:43 PM
I'm sure this came up on Calguns before, but I couldn't find anything using the search option. Does anyone know the legality of having a sword on backseat of a sedan.

A sword on your back seat, in and of itself (per se), and in a vacuum-sealed hypothetical situation, is perfectly legal in California on public property and non-military bases.

Scarecrow Repair
04-12-2007, 1:46 PM
My car is an 86 MR2. The rear window is a flat vertical pane of glass like a 2 seater pickup, and I had a rifle rack there with a sword for several years. The rifle rack was the stick on kind and the hilt side kept falling off, especially in hot weather, before I finally gave up on resticking it sometime before 9-11.

Before I put it on, probably late 1990s, I asked every cop I saw what they thought of it. The universal reaction was it's not too short, it's not concealed, I wouldn't pull you over, but why would you want to do it?

I have no idea what its reception would be today. It was great fun, but I got tired of the hilt side falling loose every few months. The sword was the flashiest sword I could find that would fit. It was not in any kind of scabbard, but it wasn't particularly sharp either.

1911_sfca
04-12-2007, 1:57 PM
Before I put it on, probably late 1990s, I asked every cop I saw what they thought of it. The universal reaction was it's not too short, it's not concealed, I wouldn't pull you over, but why would you want to do it?

I have no idea what its reception would be today.

You didn't answer the question.

And the universal reaction would probably be pretty much the same today.

Surveyor
04-12-2007, 5:23 PM
Think about it from a cynical, street hardened cops' point of view.

Tweakers are everywhere. They do extreme stuff all the time. A lot of the paranoid tweakers out there like to carry a knife. (Usually a fixed blade 6" Buck, strapped to their waist next to the fanny pack full of 8 balls and glass pipes, as they ride a mountain bike waaaay too fast down the sidewalk :rolleyes: ).

Some police officers might prejudge you and lump you in with them.

Matt C
04-12-2007, 7:41 PM
Even on a mil base it's not the crime of the century, people forget that stuff all the time. If it's an army post or has Army/Air Force MPs just be honest, they will let you leave it off post (park) and walk on. If it's a Marine MP, good luck, those guys don't mess around. Seriously, go to Camp pendelton then go to los alamitos, it's VERY different.

ghettoshecky
04-12-2007, 8:21 PM
Even on a mil base it's not the crime of the century, people forget that stuff all the time. If it's an army post or has Army/Air Force MPs just be honest, they will let you leave it off post (park) and walk on. If it's a Marine MP, good luck, those guys don't mess around. Seriously, go to Camp pendelton then go to los alamitos, it's VERY different.

haha well thanks everyone, it sounds like my friend is okay then, it was kinda funny to have four young asian guys and a katana riding around at night. Was wondering what would have happened if we got pulled over. Also in response to Black Ops, hehe no joke my bro's a Marine and yeah those MPs don't joke around at Pendelton

JALLEN
04-12-2007, 10:17 PM
Are officer's swords considered a duty weapon?

The Navy required me to have a sword when I got commissioned. It was part of the uniform for changes of command and other formal ceremonial occasions. I still have mine.

How would one get one on and off the base if it were a crime?

Matt C
04-12-2007, 10:19 PM
Are officer's swords considered a duty weapon?

The Navy required me to have a sword when I got commissioned. It was part of the uniform for changes of command and other formal ceremonial occasions. I still have mine.

How would one get one on and off the base if it were a crime?

MPs do generally have common sense...

JALLEN
04-12-2007, 10:21 PM
MPs do generally have common sense...

And they have orders.... which do not always mesh smoothly.

Matt C
04-12-2007, 10:28 PM
And they have orders.... which do not always mesh smoothly.

They also have discretion, like any cop. The only orders which would generally apply are simply to enforce post regs and the UCMJ. I know damn well I would get more of an arse chewing for not letting you in with your officer's long shiny knife than I would for ignoring it. Of course if you were being a pri*k I would detain you and call your CO, and worry about the arse chewing later. Great thing about the military is, they can't fire you.