Another knife question

[BayAreaShooter]

Not trying to thread jack I just need a quick answer from the knife experts. Would this be legal to carry in say a change pocket. The reason I ask is it has a thumb stud but no pocket clip. I did a little review if you want to take a look I will add the link.

http://www.calguns.net/calgunforum/showthread.php?t=432596

[Cokebottle]

Absolutely legal.


But.... why would you want one so small when equally legal concealed in your pocket is this....

[BayAreaShooter]

Absolutely legal.


But.... why would you want one so small when equally legal concealed in your pocket is this....

Can you please provide a link were it says it is legal. In my review I stated that it is not a primary carry it is carried along with my Spyderco.

[redrex]

http://www.ninehundred.com/~equalccw/knifelaw.html[/QUOTE]

We need to make this link a sticky. Once a week someone is asking this question.

[Cokebottle]

Can you please provide a link were it says it is legal. In my review I stated that it is not a primary carry it is carried along with my Spyderco.

If it is not prohibited, it is legal.

You won't find PC indicating that something is legal unless it is an exemption to something normally illegal.

Example: The CVC does not say that it is legal to drive with the windows down.

The CVC does say that you shall stop on a red light.
The CVC also says that, unless posted as prohibited, you may make a right turn on a red after coming to a complete stop.

What is illegal:
Concealed "dirk or dagger"

"Dirk or dagger" is defined as a "stabbing implement", but it does not apply to folding knives WHEN they are folded.
Your Kershaw, open, may not be carried concealed.
Folded, my Cold Steel Rajah is legal concealed.

A fixed blade must be carried openly.


That covers concealed/open carry.
The second issue covers your apparent concern about the thumb stud.
What is illegal is a knife that opens automatically with the press of a button, or falls open on it's own via gravity. These fall under California's "switchblade" laws.
Assisted openers are legal, so long as they have a "bias toward closure"
As to the thumb stud, it is a fixed part of the blade. A knife is legal so long as it opens by applying pressure to the blade.


That said, there is a CHP office in Alameda County that has indicated that they will arrest for any thumb-stud knife.... can't wait until those start hitting the courts. 75% of the folding knives sold in the last 10 years use that design.

[ke6guj]

Can you please provide a link were it says it is legal. In my review I stated that it is not a primary carry it is carried along with my Spyderco.

CA law doesn't work that way. everything is legal unless specifically stated as being illegal. Nowhere in CA's knive laws are lengths mentioned (except for switchblade laws). If it is legal as a 3" folder, it is legal as a 6" or 9" folder as well.

[BayAreaShooter]

If it is not prohibited, it is legal.

You won't find PC indicating that something is legal unless it is an exemption to something normally illegal.

Example: The CVC does not say that it is legal to drive with the windows down.

The CVC does say that you shall stop on a red light.
The CVC also says that, unless posted as prohibited, you may make a right turn on a red after coming to a complete stop.

What is illegal:
Concealed "dirk or dagger"

"Dirk or dagger" is defined as a "stabbing implement", but it does not apply to folding knives WHEN they are folded.
Your Kershaw, open, may not be carried concealed.
Folded, my Cold Steel Rajah is legal concealed.

A fixed blade must be carried openly.


That covers concealed/open carry.
The second issue covers your apparent concern about the thumb stud.
What is illegal is a knife that opens automatically with the press of a button, or falls open on it's own via gravity. These fall under California's "switchblade" laws.
Assisted openers are legal, so long as they have a "bias toward closure"
As to the thumb stud, it is a fixed part of the blade. A knife is legal so long as it opens by applying pressure to the blade.


That said, there is a CHP office in Alameda County that has indicated that they will arrest for any thumb-stud knife.... can't wait until those start hitting the courts. 75% of the folding knives sold in the last 10 years use that design.

Alright thank you for clearing that up. In regards to what I have put in bold. Is he trying to get the city sued or something. How can he blatantly announce he is going to arrest people for something not illegal.

[Cokebottle]

Alright thank you for clearing that up. In regards to what I have put in bold. Is he trying to get the city sued or something. How can he blatantly announce he is going to arrest people for something not illegal.

That is exactly what is going to happen.

Keep in mind that there is no state preemption on knife laws.
LA City and LA County have more strict ordinances covering open carry blade length, and other localities have similar restrictions.

This thread so far (other than a mention of LA above) has dealt with California State law.

Surprisingly, when it comes to knife laws, California is actually VERY good compared to many "free" states, including Texas.

[retired]

BAS, stating, "not trying to thread jack," doesn't make it so, since that is exactly what you did. Your thread jack in the other thread resulted in 7 posts that were off topic from the Original Poster in the other thread. Next time, begin your own thread please.

I moved your post and the others to make a new thread instead of just deleting them, since they did have valuable info.

[Librarian]

http://www.ninehundred.com/~equalccw/knifelaw.html

We need to make this link a sticky. Once a week someone is asking this question.

While Jim March's post is quite important, it's also dated.

Try this one: http://www.calguns.net/calgunforum/s...18&postcount=6

[Samuelx]

Also, IIRC (people vs plumlee, 2008), carrying a concealed switchblade prohibited by 653k PC (misdemeanor) can also get you charged with 12020(a)(4) PC (felony)... AFAIK, there haven't been any changes to that...

[BigDogatPlay]

Keep in mind that there is no state preemption on knife laws. LA City and LA County have more strict ordinances covering open carry blade length, and other localities have similar restrictions.

^^^This^^^ In California this is the big trap regarding knives. Local authority can and will make restrictions above and beyond those in the Penal Code. Know your local ordinances where you live and work. Many cities and counties have their local ordinances on line and I encourage anyone carrying knives to familiarize themselves.

For an Alameda CHP guy to say they'll arrest on folders with thumb studs... well, if Alameda County has a local ordinance of some type that fits, they surely could arrest, couldn't they.

Surprisingly, when it comes to knife laws, California is actually VERY good compared to many "free" states, including Texas.

Aside from switchblades, gravity knives and some other gimmick blades (a butterfly knife.... really?) this is actually pretty true.

[BayAreaShooter]

BAS, stating, "not trying to thread jack," doesn't make it so, since that is exactly what you did. Your thread jack in the other thread resulted in 7 posts that were off topic from the Original Poster in the other thread. Next time, begin your own thread please.

I moved your post and the others to make a new thread instead of just deleting them, since they did have valuable info.

Thank you for moving it to its own thread.

[RedMongooSe]

In LA, we have some muni codes against knives... so it depends on the county your in

[Cokebottle]

^^^This^^^ In California this is the big trap regarding knives. Local authority can and will make restrictions above and beyond those in the Penal Code. Know your local ordinances where you live and work. Many cities and counties have their local ordinances on line and I encourage anyone carrying knives to familiarize themselves.

Most local ordinances that I have found have exceptions for legitimate employment and recreational activity.
Even though LA limits the length of OC fixed blades, it could be justifiable to open carry a Ka-Bar on your belt.
And of course, when on the road, "safe passage" applies.

Of course, not all localities may have the "safe passage" allowance.