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GuyW
01-29-2008, 4:13 PM
Hello, ____ :

I found this at the City website:

"Hike with a good Walking stick that can be used to ward off a lion"

http://www.ci.escondido.ca.us/news/press/11-04-07.pdf

Huh?? Sounds like intent to use a stick as a weapon...

I've been told (and read case law) that Penal Code 12020 (a) outlaws using (or stating intent to use) baseball bats, tire irons, pipes, 2x4s, walking sticks, etc as weapons because they are prohibited billy clubs / wooden clubs / batons per the Penal Code....see also PC 12002

PC 12020, page 20:

http://www.clrc.ca.gov/pub/2007/MM07-59.pdf

Is my understanding wrong?

If not - why is the City advising citizens to use illegal weapons for self-defense??

Thanks for your expert advice.

Rhys898
01-29-2008, 4:20 PM
Walking sticks are not illegal when used as walking sticks. and I can't imagine a judge finding against a person who used a walking stick to fend off/kill a wild animal while hiking.

Just my two cents.

Jer

StraightShooter
01-29-2008, 4:25 PM
Same reason you can concealed carry a folding knife with the intention of using it as a cutting tool, but not as a weapon.

GuyW
01-29-2008, 4:34 PM
Official reply:

"It is okay if they have valid purpose (walking) and there is no intent to assault - hitting a mountain lion wouldn't qualify."

So, we need to also discriminate between weapons used against humans vs weapons used against animals...

....well, weapons used against non-"endangered" animals, anyway...

muntz
01-29-2008, 4:34 PM
You just don't get very much attention unless you put a bayo lug and pistol grip on your walking stick.

boogak
01-29-2008, 4:38 PM
You just don't get very much attention unless you put a bayo lug and pistol grip on your walking stick.

:smilielol5::smilielol5:

GuyW
01-29-2008, 4:39 PM
Same reason you can concealed carry a folding knife with the intention of using it as a cutting tool, but not as a weapon.

Well, there is a plain exception allowing for carrying a folding knife concealed, so I don't know that intent has any bearing on that...

In fact, as I understand it, using a dangerous sharp / pointed item for defense is "OK", it's the application of otherwise non-dangerous items as weapons that PC 12020 prohibits....

M. Sage
01-29-2008, 5:58 PM
Actually, IIRC, using any weapon in self defense is technically ok, but carrying certain things (like a "walking stick") with the intent to use them as a weapon is illegal.

Carrying a baseball bat, glove and ball to the local park: legal.

Carrying the same with the intent of using the bat to defend yourself if someone mugs you: (technically) illegal.

Freaking crazy state...

GuyW: IIRC, California considers mountain lions "endangered," which is laughable.

Piper
01-29-2008, 7:03 PM
Never "carry" a walking stick. Always use it for what it's intended. However, if someone attacks you, always use the walking stick in self defense until the attacker stops the attack or until you have neutralized the attack. Anything beyond that is illegal.