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Expandable batons in California, who is exempt?

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  • #16
    leelaw
    Junior Member
    CGN Contributor - Lifetime
    • Oct 2005
    • 10445

    Originally posted by JDay
    It's also a felony for first time possession of a concealed knife.
    A fixed-blade knife.

    You can carry a non-gravity knife folding knife concealed without issue (local ordinance withstanding).

    Comment

    • #17
      JDay
      I need a LIFE!!
      • Nov 2008
      • 19393

      Originally posted by leelaw
      A fixed-blade knife.

      You can carry a non-gravity knife folding knife concealed without issue (local ordinance withstanding).
      Oops, forgot about that. And it has to be closed. The law also exempts knives with a blade under 2 1/2" iirc.
      Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison

      The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850)

      Comment

      • #18
        marc4
        Senior Member
        • Dec 2007
        • 1066

        Originally posted by PonchoTA
        What about the telescoping spring-type?


        Yes, same question here. Are the springy kinds legal or are they also considered expandable batons. I had one of this when I was overseas and it came handy when 3 dogs had me cornered in an alley. They fit nicely in the mini maglight holster and look just like flashlights.
        Human life is the most precious of achievements on Earth. For one to choose not to protect and preserve it is to show the utmost disrespect for life.

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        • #19
          DedEye
          Calguns Addict
          • Nov 2006
          • 8655

          Originally posted by marc4
          Yes, same question here. Are the springy kinds legal or are they also considered expandable batons. I had one of this when I was overseas and it came handy when 3 dogs had me cornered in an alley. They fit nicely in the mini maglight holster and look just like flashlights.
          PC12020(a)(1) is worded ambiguously enough that nearly anything can be considered a violation and classified as an illegal weapon. This has even been affirmed by case law, where the specific example of a chair leg was given.

          Likewise, carrying a baseball bat sans glove or balls in your vehicle can be construed as a violation of PC12020. Same goes for a Maglight if you're dumb or misinformed enough to tell a LEO that your reason for carrying or possessing it is for use as a melee weapon.

          Short answer: almost certainly illegal.
          These posts are Fiction. They do not contain legal advice, which can only be given by a lawyer. Any resemblance to real persons are pure coincidence. These posts may pose an inhalation hazard, reading can be harmful or fatal. No statements made on this forum are meant to represent any corporate or business entity, others, or myself. Especially not myself.

          Stop duping answers, help expand the FAQ.

          Why yes, that is me in my avatar and yes, I AM wearing a life jacket.

          WTS Keltec P11

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          • #20
            DedEye
            Calguns Addict
            • Nov 2006
            • 8655

            Originally posted by JDay
            Oops, forgot about that. And it has to be closed. The law also exempts knives with a blade under 2 1/2" iirc.
            You recall incorrectly. There is no allowed length for a concealed fixed blade knife. PC12020 prohibits the carrying of any "dirk or dagger" that may be readily used as a stabbing implement. It also makes reference to PC653(k), which prohibits switchblade knifes greater than 2 inches in length.

            You're also probably thinking of PC626(a), which prohibit carrying fixed blade and folding knives greater than 2.5" on K-12 campuses, and (b), which prohibits carrying fixed blade knives greater than 2.5" on college campuses.
            These posts are Fiction. They do not contain legal advice, which can only be given by a lawyer. Any resemblance to real persons are pure coincidence. These posts may pose an inhalation hazard, reading can be harmful or fatal. No statements made on this forum are meant to represent any corporate or business entity, others, or myself. Especially not myself.

            Stop duping answers, help expand the FAQ.

            Why yes, that is me in my avatar and yes, I AM wearing a life jacket.

            WTS Keltec P11

            Comment

            • #21
              CSDGuy
              Veteran Member
              • Mar 2007
              • 3763

              Originally posted by hawk81
              You can own them, it is just some companies will not sell them to you. I carried one when I worked at the Fontana swap meet as a security guard, and I didn't even have a permit for one. It was ok, because it was private property. The owner didn't have a problem with it.
              The BSIS would have had a field day with you on that. Would it have been OK for you to be armed with a firearm on duty as a Security Guard without a permit for it, even though it was "private property"?

              ETA: The DA in that county, the Police and/or Sheriff's Department, those nice folks at the DoJ... I'm sure that any one of them would be happy to pay you this nice little visit, especially if the statute of limitations (if it applies in this case) hasn't run out...

              It has been a long time since I've worked private security. However, it's been at least that long (and then some) that the BSIS has required certifications for security guards that carry weapons, even if they're "in-house" security guards.
              Last edited by CSDGuy; 11-09-2008, 9:17 AM.

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              • #22
                leelaw
                Junior Member
                CGN Contributor - Lifetime
                • Oct 2005
                • 10445

                Originally posted by hawk81
                You can own them, it is just some companies will not sell them to you. I carried one when I worked at the Fontana swap meet as a security guard, and I didn't even have a permit for one. It was ok, because it was private property. The owner didn't have a problem with it.
                The owner not having an issue with it doesn't overrule state law. You're admitting committing a felony.

                Originally posted by JDay
                Oops, forgot about that. And it has to be closed. The law also exempts knives with a blade under 2 1/2" iirc.
                Gravity knives with a blade under 2" are legal (auto-blades, butterfly knives, etc). Fixed blades of ANY length may not be carried concealed.

                Comment

                • #23
                  N6ATF
                  Banned
                  • Jul 2007
                  • 8383

                  Yep, oops.

                  The way I understand it, having actually gotten the whole BSIS initial training, if your job function is NOT primarily security guard, then you shouldn't be hired and wear the uniform/badge/gear as one, because of conflict of interest and you would be distracted from observing and reporting. Doesn't sound like that's the case with hawk81, but...

                  From what I've read on the forum here, seems like everyone agrees that if you are working as a {insert job title other than anything BSIS-related} at any enclosed business, and the owner says you can carry loaded exposed or concealed there, that's legal. And a pretty decent deterrent to crime while you're exposing. Yes, it's usually seen at pawnshops and gun shops, but theoretically, it can be done anywhere with the owner's say-so.
                  Last edited by N6ATF; 11-10-2008, 1:34 AM.

                  Comment

                  • #24
                    leelaw
                    Junior Member
                    CGN Contributor - Lifetime
                    • Oct 2005
                    • 10445

                    Originally posted by N6ATF
                    From what I've read on the forum here, seems like everyone agrees that if you are working as a {insert job title other than anything BSIS-related} at any enclosed business, and the owner says you can carry loaded exposed there, that's legal. And a pretty decent deterrent to crime while you're at it. Yes, it's usually seen at pawnshops and gun shops, but theoretically, it can be done anywhere with the owner's say-so.
                    On private property, you may carry concealed and loaded if you have permission from the owner. Just don't take it outside when you stroll down the block to get lunch.

                    Comment

                    • #25
                      N6ATF
                      Banned
                      • Jul 2007
                      • 8383

                      That too, edited.

                      I was more in the mindset of the security guard's being visibly armed as a deterrent, even if the actual job is something else entirely.

                      Comment

                      • #26
                        motorhead
                        Veteran Member
                        • Jan 2008
                        • 3409

                        active duty military have a sort of protected, non-resident status.
                        a certain motorcycle club used to get around the billy club statute by carrying ball pein hammers.
                        sigpic Sic gorgiamus allos subjectatos nunc

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                        • #27
                          sigsauer887
                          Senior Member
                          • May 2008
                          • 734

                          Originally posted by DedEye
                          PC12020(a)(1) is worded ambiguously enough that nearly anything can be considered a violation and classified as an illegal weapon. This has even been affirmed by case law, where the specific example of a chair leg was given.

                          Likewise, carrying a baseball bat sans glove or balls in your vehicle can be construed as a violation of PC12020. Same goes for a Maglight if you're dumb or misinformed enough to tell a LEO that your reason for carrying or possessing it is for use as a melee weapon.

                          Short answer: almost certainly illegal.

                          Wait having a Maglight is in violation of 12020a!?!? So if I had it in my center console that's a felony? Wtf.....

                          Comment

                          • #28
                            DedEye
                            Calguns Addict
                            • Nov 2006
                            • 8655

                            Originally posted by sigsauer887
                            Wait having a Maglight is in violation of 12020a!?!? So if I had it in my center console that's a felony? Wtf.....
                            Only if you had it there for the express purpose of using as a blunt melee weapon.

                            Correct answer (or some variation thereof) if a cop or anyone else asks you why you have it: "It's a flashlight. I want to be able to light up the dark."

                            Incorrect answer: "To hit someone/use as a club."
                            These posts are Fiction. They do not contain legal advice, which can only be given by a lawyer. Any resemblance to real persons are pure coincidence. These posts may pose an inhalation hazard, reading can be harmful or fatal. No statements made on this forum are meant to represent any corporate or business entity, others, or myself. Especially not myself.

                            Stop duping answers, help expand the FAQ.

                            Why yes, that is me in my avatar and yes, I AM wearing a life jacket.

                            WTS Keltec P11

                            Comment

                            • #29
                              CA_Libertarian
                              Senior Member
                              • Aug 2007
                              • 500

                              Originally posted by DedEye
                              Likewise, carrying a baseball bat sans glove or balls in your vehicle can be construed as a violation of PC12020...
                              Yeah, you gotta have balls to keep a bat in your car in California.
                              www.freestateproject.org - Liberty In Our Lifetime.
                              www.madison-society.org - the people who brought us Nordyke and long-time litigation group.

                              It's been more than 50 years since the US Supreme Court declared it unconstitutional to require a test and a tax for people to exercise their right to vote. Why is my right to carry a gun any different? I don't want a permission slip from a bureaucrat; I don't want to pay a tax or take a test. "Shall issue" is NOT good enough.

                              Comment

                              • #30
                                CA_Libertarian
                                Senior Member
                                • Aug 2007
                                • 500

                                So, if you buy an expandable baton as a security guard, how do you go about disposing of it when you stop doing that line of work? What if you don't work as a guard, but you keep your registration current (just in case you get 'downsized' and need to fall back on that line of work)?
                                www.freestateproject.org - Liberty In Our Lifetime.
                                www.madison-society.org - the people who brought us Nordyke and long-time litigation group.

                                It's been more than 50 years since the US Supreme Court declared it unconstitutional to require a test and a tax for people to exercise their right to vote. Why is my right to carry a gun any different? I don't want a permission slip from a bureaucrat; I don't want to pay a tax or take a test. "Shall issue" is NOT good enough.

                                Comment

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