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Blades, Bows and Tools Discussion of non-firearm weapons and camping/survival tools. |
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#1
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Knife laws in California is so confusing
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? |
#3
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Not really a LEO question, so moved.
See the sticky, http://www.calguns.net/calgunforum/s...d.php?t=815906
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#6
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Liability for incomplete or out of date info, even with disclaimers and sign-up/install agreements, seems too much risk. |
#7
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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
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dictated but not read Voice typing will butcher whatever I was trying to say |
#8
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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? .
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#9
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As you've discovered, that can depend on whose jurisdiction you might be in.
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#10
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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.
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#11
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#12
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#13
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Anyone have a list for various cities if they can/do differ from their counties? |
#14
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^ 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)? |
#15
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Yes; any jurisdictions below 'state' may create their own rules - no state pre-emption.
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#16
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City/town in Alameda County > Alameda County > CA state ? |
#18
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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. |
#19
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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. |
#21
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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.
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"Its not the violence that sets a man apart, its the distance he is prepared to go" |
#22
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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.
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If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life. |
#23
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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. |
#24
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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.
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#25
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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? |
#26
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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.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
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