Knife laws in California is so confusing

[SUBie123]

So I live in the Bay Area and wanted to carry an edc folding knife, but it seems like from city to city the law is different.

For example, Fremont you can not have a blade longer than 2in, but in Oakland it is no longer than 3in. Best yet, Pleasanton there are no law beside the state law.

Is that my understanding?

[DAZE752]

Also concealed is another issue to take into account, non folding has to be open carry.

[Librarian]

Not really a LEO question, so moved.

See the sticky, http://www.calguns.net/calgunforum/s...d.php?t=815906

[SUBie123]

Thanks reading thru it.

[tsmithson]

Confusing by design.

Sounds like a great opportunity for an APP.

[Librarian]

Originally Posted by tsmithson

Confusing by design.

Sounds like a great opportunity for an APP.

In litigious California, strikes me as a bad idea.

Liability for incomplete or out of date info, even with disclaimers and sign-up/install agreements, seems too much risk.

[bugsy714]

I had no idea that local government has the power to regulate what size knife I carry. Typically I’m rolling with a 4 inch folder which is perfectly legal by California law had no idea about local BS


Dictated but not read, voice typing plus bad eyes equals typos

[SUBie123]

Here's the kicker. Say you decided to get carry insurance (ie uscca) and you decided to defend yourself with your edc knife, your carry insurance will only cover you if it was a "legal" weapon for self defense. What's considered legal? ������.

[Librarian]

Originally Posted by SUBie123

Here's the kicker. Say you decided to get carry insurance (ie uscca) and you decided to defend yourself with your edc knife, your carry insurance will only cover you if it was a "legal" weapon for self defense. What's considered legal? ������.

As you've discovered, that can depend on whose jurisdiction you might be in.

[GeeBee49]

Last year I tried to read and understand the California knife laws but quickly gave up. My EDC is a flip assisted Benchmade Vector 495 with a 3.6" blade. I live in LA County and am not sure what would happen if I was ever stopped by an LEO.

[Librarian]

Originally Posted by GeeBee49

Last year I tried to read and understand the California knife laws but quickly gave up. My EDC is a flip assisted Benchmade Vector 495 with a 3.6" blade. I live in LA County and am not sure what would happen if I was ever stopped by an LEO.

Likely nothing much - see the city and county code in the sticky at post 7, http://www.calguns.net/calgunforum/s...54&postcount=7

[GeeBee49]

Originally Posted by Librarian

Likely nothing much - see the city and county code in the sticky at post 7, http://www.calguns.net/calgunforum/s...54&postcount=7

My flip assisted knife does not use a spring mechanism or other mechanical device so I should be okay there. I have been carrying it clipped inside my jeans pocket so nothing is visible except the metal clip.

[ucbhills]

Originally Posted by SUBie123

For example, Fremont you can not have a blade longer than 2in, but in Oakland it is no longer than 3in. Best yet, Pleasanton there are no law beside the state law.

Is that my understanding?

Interesting. I researched a few months ago and thought SF and Alameda counties were 3". If Fremont is really 2", you may as well have an automatic.
Anyone have a list for various cities if they can/do differ from their counties?

[ucbhills]

^ Both Fremont and Pleasanton are in Alameda County, which I believe is 3".
Can a city within a county have it own laws (Fremont: sorry 2" allegedly or Pleasanton: nah you can carry what you want allegedly)?

[Librarian]

Originally Posted by ucbhills

^ Both Fremont and Pleasanton are in Alameda County, which I believe is 3".
Can a city within a county have it own laws (Fremont: sorry 2" allegedly or Pleasanton: nah you can carry what you want allegedly)?

Yes; any jurisdictions below 'state' may create their own rules - no state pre-emption.

[ucbhills]

Originally Posted by Librarian

Yes; any jurisdictions below 'state' may create their own rules - no state pre-emption.

So should the general "assumption" be the smaller the jurisdiction (size or population wise), the more important the knife laws?

City/town in Alameda County > Alameda County > CA state ?

[GlockN'Roll]

Just one more reason for me to give the whole Bay Area a wide berth...


Screw them and their ridiculous restrictions...

[Librarian]

Originally Posted by ucbhills

So should the general "assumption" be the smaller the jurisdiction (size or population wise), the more important the knife laws?

City/town in Alameda County > Alameda County > CA state ?

I dunno.

So far as I am aware, absent a proximal crime, knife laws are not enforced much. I do think seeing a knife may be thought to establish a reason for a stop-and-talk.

[ucbhills]

Originally Posted by Librarian

I dunno.

So far as I am aware, absent a proximal crime, knife laws are not enforced much. I do think seeing a knife may be thought to establish a reason for a stop-and-talk.

Yes, definitely a good point about knife laws and proximal crime.

The issues do seem a bit confusing and muddy, however.

I'm certainly not an expert or even that well informed, but my guess is a city or county can have more restrictive knife laws than the state, but it is a stretch to think that a city could have more lenient laws than the state.

[LkPillsburyDude]

I can't keep up with them. I carry what I want and don't commit crime.

[BLACK LION]

They have to prove intent. Most LEO have to be educated on the penal code on the spot so if they dont know how can they prove I know.

[RickD427]

Originally Posted by BLACK LION

They have to prove intent. Most LEO have to be educated on the penal code on the spot so if they dont know how can they prove I know.

Every knife carrying statute that i'm aware of in California has been written as a "General Intent" crime.

Please do not confuse "Intent" with having knowledge of the prohibiting statute.

To win a conviction for carrying an illegal knife, the only "intent" that has to be shown is that you intended to carry the knife, and that's most often done by showing that you carried the knife. There is no requirement for the prosecution to show that you were aware that such carrying was illegal.

[GEORGEP]

Very Confusing indeed. So my question: I was looking at a basic Buck Squire pocket knife. It is a baby brother to the big Buck pocket knife. It only has a 2 3/4 inch blade. If I understand correctly, you cannot carry it concealed in your pocket in the folded position because the blade can be locked into position when you unfold it?

In other words, it sounds like any small folding pocket knife that has a blade that locks into position when opened cannot be carried concealed, even if the blade is in folded position while concealed.

[Librarian]

Originally Posted by GEORGEP

Very Confusing indeed. So my question: I was looking at a basic Buck Squire pocket knife. It is a baby brother to the big Buck pocket knife. It only has a 2 3/4 inch blade. If I understand correctly, you cannot carry it concealed in your pocket in the folded position because the blade can be locked into position when you unfold it?

In other words, it sounds like any small folding pocket knife that has a blade that locks into position when opened cannot be carried concealed, even if the blade is in folded position while concealed.

Only on school property - K-12 and UC, and that's not associated with concealed but with location.

Folded folder, length/locking irrelevant, is legal most places in CA, concealed or not - Los Angeles City and County have that 3" limit, and some other localities may; one has to look, one by one.

[GEORGEP]

Wow, thanks for the quick response. Another question, I see the Kershaw Cryo is on sale at a local Big 5 store in Los Angeles. The blade (witch locks open) is about 2.6 inches or so in length. The knife is what I was told is "assist open" and NOT a switchblade because you have to start it out by pushing a thumb stud or paddle on the back of the blade with a finger and "overcome resistance" to get it to the point where a spring or bar take over.

I imagine that they are California legal for concealed carry or Big 5 would not sell them, but do you know about concealed pocket carry of a Kershaw Cryo in Los Angeles?

[Librarian]

Generally 'assisted opening' knives are OK; I EDC a Kershaw that is AO, and did in CA.

Can't sell a switchblade inside CA (PC 21510), so the Big5 offering is almost certainly (allowing for the rare error) OK.

And again, LA City/County have that 3" limit, and the knife you describe seems to accommodate that.