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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 12-27-2009, 3:48 PM
anthonyca anthonyca is offline
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Default My Mom Called for Help;Shows How Helpless We Are Dissarmed

Last week my work phone rings at about 6pm on Wed night. On the other end is my mom and she asks where I am. I tell her and she says good come to Ross in San Mateo. I just happened to be comming up to that exit (Delaware) on highway 92.

Ofcourse I ask what's happening and she says someone is following her. I tell her to stay near people and go up near the front with many cameras and people. I have her give me a description of the guy and what he is wearing. She says there he is again right behind her. She tells him to pass her in line. Now I am pulling in the parking lot.

Regrettably she looses sight of him. I park and walk in the store. The guy is nowhere to be seen. I ask her what his body language was, if he said anything, if she may have cut him off on her way there.

We go outside and I e don't see him. I tell her to have her keys ready and we
walk to her car as we are watching our surroundings. She has a tazer but left it at home and she mentioned that she wished she had her "zaper" and now knows how great it would be to live in Colorado and have a CCW like her other son.

If she was not over reacting and he was really up to something he was almost sure to be armed. All I had was a pocket screwdriver. Now if it was concealed in my pocket would that be a felony Dirk or dagger? Rushing through my head was what kind of knife or weapon(not many) I could
legally have in this situation. If we were ambushed anything that would be quickly available would most likely be a felony(Dirk dagger,switch blade, loaded pistol, brass knuckles, nun chucks, spring loaded night stick). I have been ambushed before and getting a folder open could loose you your upper hand if you did manage to gain it in the first place.

My mom grew up in San Francisco and has never been timid. She has never called me or anyone in our family about something like this or complained about being scarred of some random thug. She was mugged/assaulted in the city in he early 70s before I was born and she fought the thug off.

Her life experience tells her that the police are minutes away when seconds count. It happened to be luck that I was so close. What a helpless feeling to be unarmed. My plan was to not confront him like a
tough guy but be as prepared as possible being a serf in california.

Some questions;

1. If we called the police what are the chances they would Terry search me? If I had a small control screw driver next to my wallet would that be a felony dirk or dagger?

2 What should we have done differently?

3. What do you think you would have done?
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  #2  
Old 12-27-2009, 3:58 PM
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What I would have done is ask you what the screwdriver was "for"...if you say "protection" then it is a dirk or dagger... If you say ... "dude like I'm a computer guy and use it to take computers apart all day long"...then it is a screwdriver not a dirk..etc...and no arrest...
that's the way I see it from Kern county...
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  #3  
Old 12-27-2009, 4:04 PM
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Originally Posted by El Gato View Post
What I would have done is ask you what the screwdriver was "for"...if you say "protection" then it is a dirk or dagger... If you say ... "dude like I'm a computer guy and use it to take computers apart all day long"...then it is a screwdriver not a dirk..etc...and no arrest...
that's the way I see it from Kern county...
While what you say may work in Kern, there is a case which says that carrying a concealed dirk or dagger is carrying concealed any device readily capable as a stabbing instrument.

So the folder is okay, because you have to unfold it, so it is not readily capable as a stabbing instrument.

Carrying a screwdriver or knitting kneedles concealed upon your person is a felony here in CA.
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Old 12-27-2009, 4:05 PM
anthonyca anthonyca is offline
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Originally Posted by El Gato View Post
What I would have done is ask you what the screwdriver was "for"...if you say "protection" then it is a dirk or dagger... If you say ... "dude like I'm a computer guy and use it to take computers apart all day long"...then it is a screwdriver not a dirk..etc...and no arrest...
that's the way I see it from Kern county...
Thanks. I am an hvac tech and was in my work truck uniform and that's how I would answer. I would rather say nothing at all in San Mateo.
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  #5  
Old 12-27-2009, 4:11 PM
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The story/grammer is too hard to follow.

Otherwise, I hope your mom is okay.
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Old 12-27-2009, 4:16 PM
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have her carry a longish nail file all the time , they have nice metal ones . When a lady has it in her purse it is never questioned , and it makes a great stabbing instrument .
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Old 12-27-2009, 4:23 PM
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Quote:
Originally Posted by Shotgun Man View Post
While what you say may work in Kern, there is a case which says that carrying a concealed dirk or dagger is carrying concealed any device readily capable as a stabbing instrument.

So the folder is okay, because you have to unfold it, so it is not readily capable as a stabbing instrument.

Carrying a screwdriver or knitting kneedles concealed upon your person is a felony here in CA.
Dirk or dagger is a misdemeanor afaik. As is typical, the laws are nonsense. This always sticks with the advice of "don't talk to police".

For the OP, your mom should have contacted store security instead of calling you. First, at least. They have security cameras, and could identify if there was something suspicious going on. From your story it sounds like mom was a little paranoid. Yes, it's still a good reason to get a CCW, because if something DID happen she would be ready. You should also advise her to always carry her taser, and to distance herself from shady people.
What were your other questions? If you call the police would they search you? Are you acting like a tweeker when the police are around? They have no reason to search you at all if you aren't suspected of a crime.
Don't talk to police doesn't mean don't report suspicious behavior or crimes in progress!
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Old 12-27-2009, 4:27 PM
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Quote:
Originally Posted by Shotgun Man View Post
While what you say may work in Kern, there is a case which says that carrying a concealed dirk or dagger is carrying concealed any device readily capable as a stabbing instrument.

So the folder is okay, because you have to unfold it, so it is not readily capable as a stabbing instrument.

Carrying a screwdriver or knitting kneedles concealed upon your person is a felony here in CA.
How about a bone in your nose with a ball on one end and a point on the other? It's not concealed!
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Old 12-27-2009, 4:28 PM
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Quote:
Originally Posted by NiteQwill View Post
The story/grammer is too hard to follow.
Pot.....meet kettle.
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Old 12-27-2009, 4:36 PM
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anthonyca, since your Mom wasn't hurt and the guy was nowhere to be seen, I don't know what you would've gained by calling the police. Glad you were able to be there for her and that she's okay.


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Originally Posted by MrEd View Post
have her carry a longish nail file all the time , they have nice metal ones . When a lady has it in her purse it is never questioned , and it makes a great stabbing instrument .
Women and hand-to-hand combat with [usually] much larger, more powerful men doesn't go well -even if there's a nail file handy. (What if HE has a knife, or more? And if he's close enough for you to stab him with a nail file, he's also close enough to knock you out with one punch, twist your arm and take the file, etc.) I have had to do some bizarre things to get out of scary situations in my life, but if it's at all possible my best option was/is to put as much space between me and the guy asap. In other words, RUN!!


(And in a perfect world, all girls would be taught how to shoot at an early age and issued CCWs the day they got their first bra.)
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Old 12-27-2009, 4:41 PM
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Quote:
Originally Posted by The Director View Post
Pot.....meet kettle.
He said the grammar was hard to follow, not the spelling
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Old 12-27-2009, 4:42 PM
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Quote:
Originally Posted by El Gato View Post
What I would have done is ask you what the screwdriver was "for"...if you say "protection" then it is a dirk or dagger... If you say ... "dude like I'm a computer guy and use it to take computers apart all day long"...then it is a screwdriver not a dirk..etc...and no arrest...
that's the way I see it from Kern county...
+1 from at least 4 counties I've worked in...having an innocent purpose can be changed by the carrier's statements into an instant felony/misdemeanor.....12021 PC
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Old 12-27-2009, 4:52 PM
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Originally Posted by bigcalidave View Post
Dirk or dagger is a misdemeanor afaik.
Here's where it gets stupid:

Dirk or dagger, concealed upon your person: Felony

Switchblade or gravity knife upon your person: Misdemeanor.

Loaded handgun registered to you, concealed upon your person (first offense, not a gang member, not a prohibited perso, not committing another crime): Misdemeanor (unless those are tracers you've got loaded up there)
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Old 12-27-2009, 4:59 PM
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Here's where it gets stupid:

Dirk or dagger, concealed upon your person: Felony

Switchblade or gravity knife upon your person: Misdemeanor.

Loaded handgun registered to you, concealed upon your person (first offense, not a gang member, not a prohibited perso, not committing another crime): Misdemeanor (unless those are tracers you've got loaded up there)

I'm still amazed we are allowed folding knives in this state, and concealed no less.

I've got a great Benchmade. Unfortunately, not going to do much good against an armed (gun) assailant six feet away.
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Old 12-27-2009, 5:07 PM
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IIRC, belief of threat of imminent danger is an exemption to 12050, provided one has close access to be able to take advantage of the exception.
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Old 12-27-2009, 5:08 PM
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I thought that penalty of "up to one year in county jail" was a misdemeanor. And that felonies had to be punishable by 1+ years in jail. Hmm I'm confused.
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Old 12-27-2009, 5:14 PM
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I am alway amazed at the interest in stabbing weapons on a gun forum. If the price of admission (misdemeanor) is the same, why would you bring a knife to a gun fight?


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I'm still amazed we are allowed folding knives in this state, and concealed no less.

I've got a great Benchmade. Unfortunately, not going to do much good against an armed (gun) assailant six feet away.
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Old 12-27-2009, 8:09 PM
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Carrying a screwdriver or knitting kneedles concealed upon your person is a felony here in CA.
I call utter BS on that. If it were true then every mechanic would be in jail. I damn near ALWAYS have screwdrivers etc in my pockets.... & I think TSA would have something to say about all these "felons" working on the nations airliners etc...

& just 2 days ago I had some brain donor tell me my flashlight was "a felony"....
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Last edited by ZRX61; 12-27-2009 at 8:23 PM..
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Old 12-27-2009, 8:13 PM
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I'm still amazed we are allowed folding knives in this state, and concealed no less.

I don't think the aircraft owners would be too happy if I dropped an open knife inside their aircraft & poked a hole in it...
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Old 12-27-2009, 9:18 PM
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anthonyca, since your Mom wasn't hurt and the guy was nowhere to be seen, I don't know what you would've gained by calling the police. Glad you were able to be there for her and that she's okay.



Women and hand-to-hand combat with [usually] much larger, more powerful men doesn't go well -even if there's a nail file handy. (What if HE has a knife, or more? And if he's close enough for you to stab him with a nail file, he's also close enough to knock you out with one punch, twist your arm and take the file, etc.) I have had to do some bizarre things to get out of scary situations in my life, but if it's at all possible my best option was/is to put as much space between me and the guy asap. In other words, RUN!!


(And in a perfect world, all girls would be taught how to shoot at an early age and issued CCWs the day they got their first bra.)
You know you brought up a good point. Problem is in that type of situation I can't run. I have been in a few nasty situations. Some I got away from and others I didn't. This is why I get frustrated that the laws in this state say I cannot openly carry a loaded gun.

To the OP I am glad your mom is OK. Tell her no more leaving the zapper at home. And yes she was lucky to have you close by.
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Old 12-27-2009, 9:22 PM
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Originally Posted by ZRX61 View Post
I call utter BS on that. If it were true then every mechanic would be in jail. I damn near ALWAYS have screwdrivers etc in my pockets.... & I think TSA would have something to say about all these "felons" working on the nations airliners etc...

& just 2 days ago I had some brain donor tell me my flashlight was "a felony"....
I know that TSA didn't say jack about my knitting needles when I flew in October. Heck most of the time I have knitting needles in a bag or in my purse...along with some really sharp pointed scissors. But they wanted me to toss my chapstick and my nail clippers due to a tiny attached file. Heck one can make a pencil into a weapon that can do damage. But I doubt any DA would think of charging you for a pencil in your pocket.
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Old 12-28-2009, 12:16 AM
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I always have a long thick ratchet in my truck. Those things could inflict more bone damage than a baseball bat. Just FYI
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