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Expandable batons in California, who is exempt?

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  • #31
    tyrist
    Veteran Member
    • Jun 2007
    • 4564

    As far as billyclubs and knives being felonies in certain cases where as a gun is only a misdemeanor. Knives and billyclubs are used as weapons in public far more than guns as so many of the membership here like to point at but somehow forgot. When I made contact with a suspect he did'nt try to shoot me with a concealed gun....he tried to stab with a 6 inch dagger he pulled out of his jacket pocket. When I do pat down searches of an actual suspects person I have found a gun only once. I have found hundreds of knives and makeshift billy clubs (I think a baseball bat with a railroad spike through it is not exactly used to play baseball call me crazy). If I had to rate what I most feared of while on the job...I would say being stabbed or bludgeoned to death. Most police shooting don't involve an assailant armed with a gun..it involves one armed with a knife. So it is probably reasonable these offenses would be considered much more severe by the law. While a firearm is a much more effective weapon it can be cost prohibitive and not as readily available to most crimminals. Knives and billyclub are much easier to get ahold of and to build yourself.

    Comment

    • #32
      Doheny
      I need a LIFE!!
      • Sep 2008
      • 13819

      Originally posted by EMT007
      ^ and as has been pointed out - simple possession of said stick is a felony, but you can carry a loaded and concealed handgun around in public and get off on a misdemeanor for a first offense....


      welcome to California
      I'd rather have it that way then the gun offense a felony.
      Sent from Free America

      Comment

      • #33
        ohsmily
        Calguns Addict
        • Apr 2005
        • 8926

        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've got quite a track record of spreading FUD since you joined this forum less than 2 weeks ago....what gives?
        Expert firearms attorney: https://www.rwslaw.com/team/adam-j-richards/

        Check out https://www.firearmsunknown.com/. Support a good calgunner local to San Diego.

        Comment

        • #34
          N6ATF
          Banned
          • Jul 2007
          • 8383

          Originally posted by CA_Libertarian
          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)?
          If you have a baton permit along with your guard card, as long as you keep the guard card renewed, the baton permit will not expire, and you can own one indefinitely.

          Companies usually issue them, but if you happened to have a personally owned baton, you would need to sell it to someone in a jurisdiction where they're legal, a LEO, or a training facility, while you still have a valid permit. At least that's what I was taught.

          Comment

          • #35
            leelaw
            Junior Member
            CGN Contributor - Lifetime
            • Oct 2005
            • 10445

            Originally posted by N6ATF
            If you have a baton permit along with your guard card, as long as you keep the guard card renewed, the baton permit will not expire, and you can own one indefinitely.

            Companies usually issue them, but if you happened to have a personally owned baton, you would need to sell it to someone in a jurisdiction where they're legal, a LEO, or a training facility, while you still have a valid permit. At least that's what I was taught.
            12002. (a) Nothing in this chapter prohibits police officers,
            special police officers, peace officers, or law enforcement officers
            from carrying any wooden club, baton, or any equipment authorized for
            the enforcement of law or ordinance in any city or county.
            (b) Nothing in this chapter prohibits a uniformed security guard,
            regularly employed and compensated by a person engaged in any lawful
            business, while actually employed and engaged in protecting and
            preserving property or life within the scope of his or her
            employment
            , from carrying any wooden club or baton if the uniformed
            security guard has satisfactorily completed a course of instruction
            certified by the Department of Consumer Affairs in the carrying and
            use of the club or baton
            . The training institution certified by the
            Department of Consumer Affairs to present this course, whether public
            or private, is authorized to charge a fee covering the cost of the
            training.
            (c) The Department of Consumer Affairs, in cooperation with the
            Commission on Peace Officer Standards and Training, shall develop
            standards for a course in the carrying and use of the club or baton.

            (d) Any uniformed security guard who successfully completes a
            course of instruction under this section is entitled to receive a
            permit to carry and use a club or baton within the scope of his or
            her employment, issued by the Department of Consumer Affairs. The
            department may authorize certified training institutions to issue
            permits to carry and use a club or baton. A fee in the amount
            provided by law shall be charged by the Department of Consumer
            Affairs to offset the costs incurred by the department in course
            certification, quality control activities associated with the course,
            and issuance of the permit.
            So to carry a baton as a security guard you must (1) have a guard card, (2) have a baton card, (3) be on uniform duty as an (4) employed security guard.

            If you've got a guard card and baton card, you may carry a baton while on uniformed duty while employed as a security guard. If you're not employed, you're in a bit of a grey area.

            Comment

            • #36
              Librarian
              Admin and Poltergeist
              CGN Contributor - Lifetime
              • Oct 2005
              • 44625

              Originally posted by tyrist
              Most police shooting don't involve an assailant armed with a gun..it involves one armed with a knife.
              Not to diminish the dangers of being stabbed or clubbed, but I don't know whether to hope the above is right, or hope it's wrong.

              I'm sure 'shooting' is a typo; it is a bit shorter than 'injuries inflicted by suspects/perpetrators' or some such. Continue to be careful, please!
              ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

              Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

              Comment

              • #37
                DedEye
                Calguns Addict
                • Nov 2006
                • 8655

                Originally posted by Librarian
                Not to diminish the dangers of being stabbed or clubbed, but I don't know whether to hope the above is right, or hope it's wrong.

                I'm sure 'shooting' is a typo; it is a bit shorter than 'injuries inflicted by suspects/perpetrators' or some such. Continue to be careful, please!
                I think you misunderstood tryist's comment. From my reading of his post, he meant that "most officer involved shootings (where an officer shoots a suspect) is a result of the suspect possessing/attacking with a knife or a club, not a gun."

                Do I win a cookie?
                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

                • #38
                  motorhead
                  Veteran Member
                  • Jan 2008
                  • 3409

                  tell the officer you're going sealing.
                  sigpic Sic gorgiamus allos subjectatos nunc

                  Comment

                  • #39
                    odysseus
                    I need a LIFE!!
                    • Dec 2005
                    • 10407

                    This topic always gets confusing, and I am not sure of what case law is on it. I keep reading about "batons" and "carry". However it is not clear here in this thread, or others on it before, that someone could not own a baton in their home.

                    Could you own a dagger legally at home, like a collectible so many people have? I am pretty sure, yes. I believe it is the issue of actually trying to go out and carry it outside your residence where the illegality comes up. I also see that "posession" gets often intertwined with "carry out in public" as an equal in definition. Without a permit or being LE, you can't carry it. Where is it clear that people mere owning dirks, daggers, batons at home is illegal? I can only image how many millions in California have something like that.

                    .
                    "Just leave me alone, I know what to do." - Kimi Raikkonen

                    The moment the idea is admitted into society, that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.' and that `Property is surely a right of mankind as real as liberty.'
                    - John Adams

                    http://www.usdebtclock.org/

                    Comment

                    • #40
                      DedEye
                      Calguns Addict
                      • Nov 2006
                      • 8655

                      Originally posted by odysseus
                      This topic always gets confusing, and I am not sure of what case law is on it. I keep reading about "batons" and "carry". However it is not clear here in this thread, or others on it before, that someone could not own a baton in their home.

                      Could you own a dagger legally at home, like a collectible so many people have? I am pretty sure, yes. I believe it is the issue of actually trying to go out and carry it outside your residence where the illegality comes up. I also see that "posession" gets often intertwined with "carry out in public" as an equal in definition. Without a permit or being LE, you can't carry it. Where is it clear that people mere owning dirks, daggers, batons at home is illegal? I can only image how many millions in California have something like that.

                      .
                      Carrying a dagger is legal; 12020(a)(4) prohibits the CONCEALED carrying of a dirk or dagger.
                      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

                      • #41
                        SteveH
                        Senior Member
                        • Oct 2007
                        • 1576

                        It is not illegal to possess a dirk or dagger. It is only illegal to carry it concealed on the person.

                        It is illegal to possess a "billy." even in your home.

                        Comment

                        • #42
                          Librarian
                          Admin and Poltergeist
                          CGN Contributor - Lifetime
                          • Oct 2005
                          • 44625

                          Originally posted by DedEye
                          I think you misunderstood tryist's comment. From my reading of his post, he meant that "most officer involved shootings (where an officer shoots a suspect) is a result of the suspect possessing/attacking with a knife or a club, not a gun."

                          Do I win a cookie?
                          Sure - but I bet your browser will reject it. Apologies to tyrist if I was confused.
                          ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                          Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                          Comment

                          • #43
                            Riodog
                            Banned
                            • Feb 2006
                            • 1127

                            Does this mean that as a kindergarten teacher that I can't have one for my protection????

                            Some of these lil darling are brutal.
                            Rio

                            Comment

                            • #44
                              N6ATF
                              Banned
                              • Jul 2007
                              • 8383

                              Originally posted by leelaw
                              So to carry a baton as a security guard you must (1) have a guard card, (2) have a baton card, (3) be on uniform duty as an (4) employed security guard.

                              If you've got a guard card and baton card, you may carry a baton while on uniformed duty while employed as a security guard. If you're not employed, you're in a bit of a grey area.
                              Originally posted by odysseus
                              This topic always gets confusing, and I am not sure of what case law is on it. I keep reading about "batons" and "carry". However it is not clear here in this thread, or others on it before, that someone could not own a baton in their home.

                              Could you own a dagger legally at home, like a collectible so many people have? I am pretty sure, yes. I believe it is the issue of actually trying to go out and carry it outside your residence where the illegality comes up. I also see that "posession" gets often intertwined with "carry out in public" as an equal in definition. Without a permit or being LE, you can't carry it. Where is it clear that people mere owning dirks, daggers, batons at home is illegal? I can only image how many millions in California have something like that.

                              .
                              (a) Any person in this state who does any of the following
                              is punishable by imprisonment in a county jail not exceeding one year
                              or in the state prison:
                              (1) Manufactures or causes to be manufactured, imports into the
                              state, keeps for sale, or offers or exposes for sale, or who gives,
                              lends, or possesses any cane gun or wallet gun, any undetectable
                              firearm, any firearm which is not immediately recognizable as a
                              firearm, any camouflaging firearm container, any ammunition which
                              contains or consists of any flechette dart, any bullet containing or
                              carrying an explosive agent, any ballistic knife, any multiburst
                              trigger activator, any nunchaku, any short-barreled shotgun, any
                              short-barreled rifle, any metal knuckles, any belt buckle knife, any
                              leaded cane, any zip gun, any shuriken, any unconventional pistol,
                              any lipstick case knife, any cane sword, any shobi-zue, any air gauge
                              knife, any writing pen knife, any metal military practice
                              handgrenade or metal replica handgrenade, or any instrument or weapon
                              of the kind commonly known as a blackjack, slungshot, billy,
                              sandclub, sap, or sandbag.
                              Billy=baton.
                              Last edited by N6ATF; 11-12-2008, 12:26 AM.

                              Comment

                              • #45
                                JDay
                                I need a LIFE!!
                                • Nov 2008
                                • 19393

                                Originally posted by ohsmily
                                You've got quite a track record of spreading FUD since you joined this forum less than 2 weeks ago....what gives?
                                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.
                                See the part where I typed "iirc"? And anyone who takes something they read on the internet as fact without checking for themselves is a fool. The part of the law that I was thinking of deals with fixed blade knives on school grounds.

                                626.10. (a) Any person, ... , who brings or possesses any dirk, dagger, ice pick, knife having a blade longer than 2 1/2 inches, folding knife with a blade that locks into place, a razor with an unguarded blade, ... , upon the grounds of, or within, any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.
                                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)

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