#259936 - 04/26/13 02:35 AM
Re: California appeals court: carrying dirk or dagger
[Re: clearwater]
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Old Hand
Registered: 10/19/06
Posts: 1013
Loc: Pacific NW, USA
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from the opinion: 'shuriken are principally used for throwing, but can be used for stabbing.' okay. methinks the edged weapons expert for the prosecution was supporting the classification of shuriken as a dirk or dagger, e.g. stabbing weapons not a thrown one. I'm no expert, but Wikipedia and about a hundred kung fu flicks show them as thrown weapons. The last line of the opinion implies that had the expert opinion been to support the use of the shuriken as primarily a throwing weapon, the conviction would have been upheld regardless where they were kept - on person or in the backpack, either way they are in possession. No dog in this hunt - but from the prosecutor's perspective, I suspect some future possession of shuriken will have an expert opinion that it is primarily a throwing weapon, not a dirk or dagger. And this case clarifies the scope of possession of dirks and daggers.
As I interpret the California law, a Boy Scout can walk down the street with a dirk or dagger holstered on his belt, in plain site. Concealing it down your sock or boot or under a shirt will get you in trouble.
Of course the Scoutmaster should snag away any dirks or daggers, since folders are deemed to be safer for young Scouts to handle. That's been our interpretation up here anyway - and only with the whittling chip...
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#259951 - 04/26/13 11:13 AM
Re: California appeals court: carrying dirk or dagger
[Re: Lono]
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Geezer in Chief
Geezer
Registered: 08/26/06
Posts: 7705
Loc: southern Cal
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As I interpret the California law, a Boy Scout can walk down the street with a dirk or dagger holstered on his belt, in plain site. Concealing it down your sock or boot or under a shirt will get you in trouble.
That is my understanding. Now consider a fixed blade neck knife, of any length, worn under a shirt. Would that not be "concealed" and troublesome, as well.
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Geezer in Chief
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#259956 - 04/26/13 02:30 PM
Re: California appeals court: carrying dirk or dagger
[Re: Lono]
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Pooh-Bah
Registered: 04/01/10
Posts: 1629
Loc: Northern California
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As I interpret the California law, a Boy Scout can walk down the street with a dirk or dagger holstered on his belt, in plain site. Concealing it down your sock or boot or under a shirt will get you in trouble.
In theory, yes. In reality, I would advise the Boy Scout to have a good lawyer memorized. "You can beat the rap, but you can't beat the ride." There is a reasonable chance a cop won't know, or will be unsure, about the law. There is also a decent chance the cop knows the law but interprets the particular carry as being concealed for whatever reason. There is also a good chance a cop would make the arrest because almost everybody in the general public in California would think that's illegal. I can tell you that the default here is to assume something out of the ordinary is illegal.
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#259957 - 04/26/13 02:39 PM
Re: California appeals court: carrying dirk or dagger
[Re: clearwater]
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Member
Registered: 02/02/08
Posts: 146
Loc: Washington
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So conversely, if carrying a knife in a backpack is not on the person, does the same logic apply to the carrying of a handgun? This is an interesting precedent, especially when you start getting to things like whether a purse or satchel is on the person. Looks like a very slippery legal slope. But this might prove quite interesting.
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#259964 - 04/26/13 04:41 PM
Re: California appeals court: carrying dirk or dagger
[Re: clearwater]
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Old Hand
Registered: 03/19/05
Posts: 1183
Loc: Channeled Scablands
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In CA even Doug's little Altoid tin knife is illegal to carry in your pocket or around your neck inside your shirt.
But now it appears okay to carry in your backpack in CA.
When I was a young scout, there weren't locking folders (at least cheap ones) so sheath knives were considered safer to use than pocket knives. Now fixed blades are discouraged if not quite banned from scouting. And in our troop you have to pass a 2 1/2 hour class on knife, axe and saw safety and sharpening to get the tote'n-chip. The scout master first hits the blade of the axe against a rock, then the scout has to return it to shaving sharp. We wear out a lot of axe heads by sharpening.
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#259992 - 04/27/13 06:19 PM
Re: California appeals court: carrying dirk or dagger
[Re: clearwater]
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Old Hand
Registered: 03/03/09
Posts: 745
Loc: NC
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Another reason to avoid the left coast.
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#260018 - 04/28/13 03:25 PM
Re: California appeals court: carrying dirk or dagger
[Re: JBMat]
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Old Hand
Registered: 02/05/10
Posts: 776
Loc: Northern IL
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Another reason to avoid the left coast. It is not the only state with a whole series of strange and confusing laws regarding tools with sharp edges. Some of the states that are much better WRT to firearms are just as bad on edged tools as CA. You just have to know what the rules are. Unfortunately, many states there are a whole host of local ordinances that are almost impossible to track down that you might well inadvertently violate. In IL, it is a class A misdemeanor to have an axe or hatchet with you while camping in a state park. It is doubtful anyone has ever been charged with it, but it is still illegal.
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Warning - I am not an expert on anything having to do with this forum, but that won't stop me from saying what I think. Bob
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#260021 - 04/28/13 04:45 PM
Re: California appeals court: carrying dirk or dagger
[Re: spuds]
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Geezer
Registered: 06/02/06
Posts: 5357
Loc: SOCAL
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Yep, I'm also in SOCAL and have no issues with EDC of a BM 710, BM 940, Spyderco Endura or CRK Sebenza. Just don't carry it concealed, even a small fixed blade carried concealed is a no-no.
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#260024 - 04/28/13 05:51 PM
Re: California appeals court: carrying dirk or dagger
[Re: Russ]
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Pooh-Bah
Registered: 04/01/10
Posts: 1629
Loc: Northern California
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Yep, I'm also in SOCAL and have no issues with EDC of a BM 710, BM 940, Spyderco Endura or CRK Sebenza. Just don't carry it concealed... Those are all folding knives. So, what's wrong with carrying those concealed in California? Also, exactly how would open-carry them?
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