LEO switchblade

[sfbay]

I was looking for some help on this topic.

Can someone please point out the Penal Code allowing police officers to use a switch blade.

I believe there is only one if the blade is owned by the department.

I'm looking for one that would allow them to use their own.

Thanks!

[Socaliente]

There is no such penal code allowing peace officers to carry switch blades. I have not seen anything about department authorized ones.

[ke6guj]

correct, there is no PC that allows for LEO carry.

n addition, there is no PC exemption that I have seen that allows knife dealers to sell to LEOs.

[Eikbyrnir]

There is no such penal code allowing peace officers to carry switch blades. I have not seen anything about department authorized ones.

Right, you can still be charged for carrying a switch blade. Just get a spring assisted one. Works just as well.

[CBR_rider]

PC 17515: Nothing in any provision listed in Section 16580 prohibits a
police officer, special police officer, peace officer, or law
enforcement officer from carrying any equipment authorized for the
enforcement of law or ordinance in any city or county.

[TRICKSTER]

PC 17515: Nothing in any provision listed in Section 16580 prohibits a
police officer, special police officer, peace officer, or law
enforcement officer from carrying any equipment authorized for the
enforcement of law or ordinance in any city or county.

Was 653k listed in 16580? I dont think that it was so nothing has changed, there is still no exemption.

[ke6guj]

PC 17515: Nothing in any provision listed in Section 16580 prohibits a
police officer, special police officer, peace officer, or law
enforcement officer from carrying any equipment authorized for the
enforcement of law or ordinance in any city or county.

but switchblades are regulated under 21510, and 21510 is not included in 16580, so that exemption does not apply.


21510. Every person who does any of the following with a
switchblade knife having a blade two or more inches in length is
guilty of a misdemeanor:
(a) Possesses the knife in the passenger's or driver's area of any
motor vehicle in any public place or place open to the public.
(b) Carries the knife upon the person.
(c) Sells, offers for sale, exposes for sale, loans, transfers, or
gives the knife to any other person.

[RickD427]

I'm with Trickster and Ke6guj on this one.

The Weapons Recodification Act of 2010 was not supposed to change the content of our weapon's laws. I appears to have inadvertently done so in some other areas (primarily nuisance magazines - but that is the subject of other threads), but not for switchblades.

Former PC section 653k made no exception for peace officers, nor does current section 21510.

[sfbay]

Thanks guys!

[Notorious]

Yep, no exemption for LEO's carrying one... but there is no law prohibiting anyone from possessing one at home is what I was told.

[CBR_rider]

I was mistaken, I thought 21510 was included under 16580. It does, however, mean that a LEO cannot be prosecuted for a concealed(pc21310) switchblade over the legal limit because of the exemptions for law enforcement from just about every other weapons law (in the course/scope of their duties).

[TRICKSTER]

I was mistaken, I thought 21510 was included under 16580. It does, however, mean that a LEO cannot be prosecuted for a concealed(pc21310) switchblade over the legal limit because of the exemptions for law enforcement from just about every other weapons law (in the course/scope of their duties).

Not all switchblades would be classified as a dirk or dagger anyways so what does it matter.
The original question was requesting that someone please point out the Penal Code allowing police officers to use a switch blade. There is no Penal Code that allows this, it is illegal. Question answered.

[ke6guj]

I was mistaken, I thought 21510 was included under 16580. It does, however, mean that a LEO cannot be prosecuted for a concealed(pc21310) switchblade over the legal limit because of the exemptions for law enforcement from just about every other weapons law (in the course/scope of their duties).

right, they might be exempt from the felony charge of a concealed dirk or dagger, but they still have the misdemeanor charge of carrying a switchblade over 2".

[Eikbyrnir]

Yep, no exemption for LEO's carrying one... but there is no law prohibiting anyone from possessing one at home is what I was told.

I've always been under the impression that someone CAN be charged with it even at home. Not saying I would necessarily.

21510 (b) says; Carries the knife upon the person.

So if they have it on them, even at home they can be charged. But if they have it in a drawer by the couch they are fine. The switchblade law is one of the biggest jokes IMO. You can technically own one, you just can't touch it basically.

[RedVines]

The switchblade law is one of the biggest jokes IMO.

The nunchuck and ninja star law is a close second.