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#259908 - 04/25/13 05:31 PM California appeals court: carrying dirk or dagger
clearwater Old Hand Registered: 03/19/05 Posts: 1182 Loc: Channeled Scablands	This looks like it adds some needed clarification to CA law. "California appeals court: carrying dirk or dagger in a backpack is OK" http://blog.sfgate.com/crime/2013/04/19/keep-that-dagger-in-your-backpack-court-says/
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#259910 - 04/25/13 06:22 PM Re: California appeals court: carrying dirk or dagger [Re: clearwater]
ILBob Old Hand Registered: 02/05/10 Posts: 776 Loc: Northern IL	I have never quite understood why daggers, dirks, and stilettos are considered worse than regular knives in many states. _________________________ 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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#259914 - 04/25/13 07:11 PM Re: California appeals court: carrying dirk or dagger [Re: clearwater]
ireckon Pooh-Bah Registered: 04/01/10 Posts: 1629 Loc: Northern California	IMPORTANT NOTE, and this is no joke, if you carry a fixed blade in your backpack, then you can safely enjoy that awesome hike through the California hills. If you happen to place that fixed blade somewhere in your clothing while in California on public land, then you are liable to spend a year in prison. If my calculations are correct, the Appeals Court overturned his conviction AFTER he served his one-year sentence. I need to get the heck out of California. _________________________ If you're reading this, it's too late.
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#259919 - 04/25/13 08:09 PM Re: California appeals court: carrying dirk or dagger [Re: ILBob]
haertig Pooh-Bah Registered: 03/13/05 Posts: 2322 Loc: Colorado	Originally Posted By: ILBob I have never quite understood why daggers, dirks, and stilettos are considered worse than regular knives in many states. ...and I've never understood what the difference in all these things are. They are mentioned in my states laws, but never defined. Our laws do define "knife" however. It has to have a blade 3-1/2" or longer. I don't know what they call something with a 2-1/2" blade. But I think all the definitions (or lack of them) are somewhat a moot point. There is a catch-all term in our laws, can't remember exactly what it is, something like "stabbing implement" (with no minimum length designation), that they could nail you with.
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#259921 - 04/25/13 08:21 PM Re: California appeals court: carrying dirk or dagger [Re: clearwater]
unimogbert Old Hand Registered: 08/10/06 Posts: 882 Loc: Colorado	Could be that they are double-edged?
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#259924 - 04/25/13 09:28 PM Re: California appeals court: carrying dirk or dagger [Re: unimogbert]
clearwater Old Hand Registered: 03/19/05 Posts: 1182 Loc: Channeled Scablands	Originally Posted By: unimogbert Could be that they are double-edged? "16470. As used in this part, "dirk" or "dagger" means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 21510, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position." No double edge needed to be a dirk/dagger. Even your open pocket knife is one it seems.
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#259925 - 04/25/13 11:25 PM Re: California appeals court: carrying dirk or dagger [Re: clearwater]
Lono Old Hand Registered: 10/19/06 Posts: 1013 Loc: Pacific NW, USA	As I read the court's decision, the issue was whether the defendant carried a weapon concealed upon his person. The court held that in a backpack is not upon the person. In the final lines of the decision the court mentions that had the defendant been charged with possession of shuriken instead of dirks & daggers, the conviction may have been upheld since that is controlled by a separate part of the statute that outlaws possession of shuriken. The actual weapons found on the defendant were shuriken and not dirks or daggers. Blogger missed some of the point of the court's decision... Edited by Lono (04/25/13 11:27 PM)
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#259927 - 04/25/13 11:52 PM Re: California appeals court: carrying dirk or dagger [Re: Lono]
ireckon Pooh-Bah Registered: 04/01/10 Posts: 1629 Loc: Northern California	Originally Posted By: Lono As I read the court's decision, the issue was whether the defendant carried a weapon concealed upon his person. The court held that in a backpack is not upon the person. In the final lines of the decision the court mentions that had the defendant been charged with possession of shuriken instead of dirks & daggers, the conviction may have been upheld since that is controlled by a separate part of the statute that outlaws possession of shuriken. The actual weapons found on the defendant were shuriken and not dirks or daggers. Blogger missed some of the point of the court's decision... Even if the weapons were swords in real life, for our purposes here, the weapons were actually dirks or daggers because that is what the lower court found. See, Appellate Opinion at page 2: http://www.courts.ca.gov/opinions/documents/B238949.PDF He was initially found guilty on possession of dirks or daggers. The note about how the weapons could have been shuriken is interesting but irrelevant. I suppose the weapons could have been spears. That would have been interesting too, but it doesn't matter because the courts treated the weapons as being dirks or daggers. _________________________ If you're reading this, it's too late.
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#259928 - 04/26/13 12:02 AM Re: California appeals court: carrying dirk or dagger [Re: clearwater]
Pete Veteran Registered: 02/20/09 Posts: 1372	this is a helpful ruling from the CA court. we don't often see common sense from them - so I am applauding this one. although, as others have noted, it's amazing that the amateur Bruce Lee in this case got by with possessing shurikens. but that's another story. Pete2 Edited by Pete (04/26/13 12:02 AM)
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#259929 - 04/26/13 12:08 AM Re: California appeals court: carrying dirk or dagger [Re: clearwater]
Am_Fear_Liath_Mor Carpal Tunnel Registered: 08/03/07 Posts: 3078	Can you carry a dirk or dagger out in California on your person (usually down in one of your big woolly socks) as long as you wear a knee length skirt in digital Camouflage along with some nice leather brogues? I seem to remember Robbie the Pict used to fly to America with his big Sword and used to wear it in the aircraft cabin. Edited by Am_Fear_Liath_Mor (04/26/13 12:09 AM)
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